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During the German trial of Mounir El Motassadeq, accused of participation in the 9/11 attacks, a German police officer testifies that the business card of Muhammad J. Fakihi, the chief of Islamic affairs at the Saudi Embassy in Berlin, was found in a raid on El Motassadeq’s apartment. The raid also turned up a credit card belonging to Mohamed Atta and the password to Atta’s e-mail account. Saudi officials deny that Fakihi had ever met El Motassadeq. Fakihi is recalled to Saudi Arabia three months later, following demands by Germany that he leave. [International Herald Tribune, 12/4/2002; Sydney Morning Herald, 12/5/2002; New York Times, 12/8/2002; Newsweek, 12/9/2002; Der Spiegel (Hamburg), 3/26/2003]
Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And President Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” [BBC, 12/4/2002]
In a news briefing, Donald Rumsfeld says, “You can’t expect people to go into a country that is just enormous, with all that real estate and all that underground facilities and all of these people monitoring everything—everything anyone is doing—and expect them to engage in a discovery process and turn up something somebody is determined for them not to turn up. If you go back and look at the history of inspections in Iraq, the reality is that things have been found not by discovery, but through defectors… and you get the kind of information that means the game is up.” [US Department of Defense, 12/3/2002; United Press International, 12/4/2002]
An enhanced photo of the variola virus, which causes smallpox. [Source: University College London]New York Times reporter Judith Miller reports that the CIA is investigating an anonymous report that Iraq has obtained a virulent strain of smallpox from a Russian scientist. According to the anonymous informant, the smallpox may have come from Nelja N. Maltseva, a virologist who worked for over 30 years at the Research Institute for Viral Preparations in Moscow before her death in 2001. The CIA has briefed President Bush about the investigation, though, as Miller notes, “The attempt to verify the information is continuing.” Maltseva visited Iraq in 1972 and 1973, according to intelligence officials, and may have visited as recently as 1990. The facility where she worked housed what Russia has claimed was its entire national collection of some 120 strains of smallpox. Miller writes, “[S]ome experts fear that she may have provided the Iraqis with a version that could be resistant to vaccines and could be more easily transmitted as a biological weapon.” In response, the White House may decide that 500,000 military personnel and another 500,000 civilian medical workers should be vaccinated against smallpox, a disease officially eradicated in 1980. The White House says that despite promises made by Russian President Vladimir Putin, Russia has not cooperated with US requests for information about its smallpox strains. “There is information we would like the Russians to share as a partner of ours,” says William Winkenwerder Jr., assistant secretary of defense for health affairs. “Because if there are strains that present a unique problem with respect to vaccines and treatment, it is in the interests of all freedom-loving people to have as much information as possible.” Recently declassified Soviet-era records show that in 1971, Maltseva was sent to Aralsk, a port city in what was then the Soviet republic of Kazakhstan, to help stop an epidemic of smallpox. That outbreak was possibly the result of open-air tests of a Soviet smallpox strain. Some scientists worry that Maltseva may have shared the Aralsk strain with Iraqi scientists in 1990, according to administration sources. David Kelly, a former United Nations weapons inspector in Iraq, says there was a “resurgence of interest” in smallpox vaccine in Iraq in 1990, “but we have never known why.” Both Maltseva’s daughter and her deputy in the Moscow laboratory deny that Maltseva ever went to Iraq. [New York Times, 12/3/2002]
During the bill signing of the Dot Kids Implementation and Efficiency Act of 2002, Bush says of Saddam Hussein: “One of my concerns is that in the past he has shot at our airplanes. Anybody who shoots at US airplanes or British airplanes is not somebody who looks like he’s interested in complying with disarmament.” He also chastises Saddam’s questioning US motives (see November 23, 2002). “He wrote letters, stinging rebukes, to what the UN did. He was very critical of the US and Britain. It didn’t appear to be somebody that was that anxious to comply, but we’ve just started the process.” [CNN, 12/4/2002; US President, 12/9/2002]
The White House calls for more aggressive inspections. White House Press Secretary Ari Fleischer says, “We want to make certain that they [the inspections] are aggressive enough to be able to ascertain the facts in the face of an adversary who in the past did everything in his power to hide the facts.” The White House recommends increasing the UN inspectors’ staff so that the two agencies can conduct multiple simultaneous inspections each day. [BBC, 12/4/2002]
A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).
White House Press Secretary Ari Fleischer says: “The president of the United States and the Secretary of Defense would not assert as plainly and bluntly as they have that Iraq has weapons of mass destruction if it was not true, and if they did not have a solid basis for saying it.” When pressed for details, he adds: “President Bush has said Iraq has weapons of mass destruction. Tony Blair has said Iraq has weapons of mass destruction. Donald Rumsfeld has said Iraq has weapons of mass destruction. Richard Butler has said they do. The United Nations has said they do. The experts have said they do. Iraq says they don’t. You can choose who you want to believe.” [CBC News, 12/5/2002; Associated Press, 12/5/2003]
FBI agents raid Ptech offices. [Source: ABC News]Federal agents search the offices of Ptech, Inc., a Boston computer software company, looking for evidence of links to Osama bin Laden. A senior Ptech official confirms that Yassin al-Qadi, one of 12 Saudi businessmen on a secret CIA list suspected of funneling millions of dollars to al-Qaeda, was an investor in the company, beginning in 1994. Ptech appears to have connections to other potential terrorist financiers (see 1994). In particular, there seem to be many ties between Ptech and BMI Inc., a New Jersey-based company whose list of investors has been called a “who’s who of designated terrorists and Islamic extremists” (see 1986-October 1999). [Newsweek, 12/6/2002; WBZ 4 (Boston), 12/9/2002] A former FBI counterterrorism official states, “For someone like [al-Qadi] to be involved in a capacity, in an organization, a company that has access to classified information, that has access to government open or classified computer systems, would be of grave concern.” [WBZ 4 (Boston), 12/9/2002] On the day after the raid, US authorities will claim that Ptech’s software has been scrutinized and poses no danger. But security expert John Pike comments, “When you look at all of the different military security agencies that they have as customers, it’s very difficult to imagine how they would not be encountering sensitive information, classified information.” [National Public Radio, 12/8/2002] The search into Ptech is part of Operation Greenquest, which has served 114 search warrants in the past 14 months involving suspected terrorist financing. Fifty arrests have been made and $27.4 million seized. [Forbes, 12/6/2002] However, the raid appears to have been largely for show. Ptech was notified by US officials in November that they were being investigated, and they were told in advance exactly when the raid would take place (see May-December 5, 2002). Top officials in the US government appear to have made up their minds before the results of the raid can even be examined. White House Press Secretary Ari Fleischer comments on the Ptech raid only hours after it ends: “The one thing I can share with you is that the products that were supplied by this company to the government all fell in the nonclassified area. None of it involved any classified products used by the government. The material has been reviewed by the appropriate government agencies, and they have detected absolutely nothing in their reports to the White House that would lead to any concern about any of the products purchased from this company.” [White House, 12/6/2002] The fact that the raid takes place at all appears to be due to the persistence of Operation Greenquest investigators, who are engaged at this time in a bureaucratic battle with other investigators over who will control US government investigations into terrorist financing (see After March 20, 2002-Early 2003). Greenquest will lose this battle early in 2003 and get shut down (see May 13-June 30, 2003). In his 2003 book Black Ice, author Dan Verton will call Ptech an “innocent” casualty of Operation Greenquest’s “scorched-earth” tactics. [Verton, 2003, pp. 223] No charges will be brought against Ptech, and the company will continue fulfilling sensitive government contracts under a new name (see May 14, 2004).
The CIA transfers detained al-Qaeda leader Abd al-Rahim al-Nashiri from a CIA prison in Thailand to a similar black site in Poland. [Associated Press, 9/7/2010]
A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. [Source: New York Times]Dilawar, a 22-year-old Afghan farmer and part-time taxi driver from the small village of Yakubi in eastern Afghanistan, is picked up by local authorities and turned over to US soldiers. Dilawar is described as a shy, uneducated man with a slight frame, rarely leaving the stone farmhouse he shares with his wife and family. He is captured while driving a used Toyota sedan that his family bought him to use as a taxi. He has three fares, men headed back towards his village, and is stopped by Afghan militiamen loyal to the guerrilla commander Jan Baz Khan. (Khan will later be taken into custody himself for allegedly attacking US targets and then turning over innocent villagers to US forces, accusing them of carrying out the attacks.) The militia confiscates a broken walkie-talkie from one of the passengers, and an electric stabilizer used to regulate current from a generator in the trunk of the Toyota (Dilawar’s family later says the stabilizer is not theirs; they have no electricity). All four men are turned over to American soldiers at Bagram Air Force Base as suspects in a recent rocket attack on the US base at Khost. They spend the first night handcuffed to the fence to deprive them of sleep. Dilawar is then examined by the base doctor, who pronounces him healthy.
Passengers Shipped to Guantanamo, Say Bagram Treatment Far Worse - Dilawar’s three passengers are eventually shipped to Guantanamo for a year, before being released without charge. The three will describe their ordeal at Bagram as far worse than their treatment at Guantanamo. All will claim to have been beaten, stripped in front of female guards, and subjected to repeated and harsh rectal exams. Abdul Rahim, a baker from Khost, will recall: “They did lots and lots of bad things to me [at Bagram]. I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk.” Another of Dilawar’s passengers, Parkhudin, later recalls that Dilawar “could not breathe” in the black cloth hood pulled over his head.
Running Joke - Though Dilawar is shy and frail, he is quickly labeled “noncompliant.” One US military policeman, Specialist Corey Jones, reports that Dilawar spat on him and tried to kick him. Jones retaliated by giving him a number of “peroneal knee strikes” (see May 20, 2005). As Jones will later recall: “He screamed out, ‘Allah! Allah! Allah!’ and my first reaction was that he was crying out to his god. Everybody heard him cry out and thought it was funny. It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out ‘Allah.’ It went on over a 24-hour period, and I would think that it was over 100 strikes.” Several other guards will later admit to striking Dilawar. While most MPs deny any knowledge of Dilawar being injured by the physical assaults, Jones will remember seeing Dilawar’s legs when his orange drawstring pants fell off of him while he was shackled. “I saw the bruise because his pants kept falling down while he was in standing restraints,” Jones will later recall. “Over a certain time period, I noticed it was the size of a fist.” Dilawar’s repeated cries and pleas for his release do little besides annoy his captors.
Fourth Interrogation Marked by Beatings - Dilawar’s fourth interrogation, on December 8, turns sour. Lead interrogator Specialist Glendale Walls will contend that Dilawar is hostile and evasive. Sergeant Selena Salcedo, another interrogator, will say that Dilawar smiled, refused to answer questions, and refused to stay kneeling on the ground or in his ordered “chair-sitting” posture against the wall. But the interpreter present, Ahmad Ahmadzai, has a different recollection. According to Ahmadzai, Dilawar denies launching any rockets at the Americans. He is unable to hold his cuffed hands above him while kneeling, and Salcedo slaps them back up whenever they begin to droop. “Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage,” Ahmadzai will tell investigators. Both Salcedo and Walls repeatedly slam Dilawar against the wall: “This went on for 10 or 15 minutes,” Ahmadzei will say. “He was so tired he couldn’t get up.” Salcedo begins stamping his foot, yanking his head by grabbing his beard, and kicking him in the groin. Ahmadzai will state: “About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him. There was no interrogation going on.” Salcedo orders the MPs to keep him chained to the ceiling of his cell until the next shift comes on. [Knight Ridder, 8/21/2004; New York Times, 5/20/2005]
Chained to the Ceiling - The next morning, Dilawar is still chained to his ceiling. He begins shouting during the morning, and is ignored until around noon, when MPs ask another interpreter, Ebrahim Baerde, to see if he can calm Dilawar. Baerde will tell investigators: “I told him, ‘Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour.’ He told me that if he was in shackles another hour, he would die.” A half-hour later, Baerde returns to the cell to find Dilawar slumped in his chains. “He wanted me to get a doctor, and said that he needed ‘a shot,’” Baerde will recall. “He said that he didn’t feel good. He said that his legs were hurting.” Baerde tells a guard, who checks Dilawar’s circulation by pressing down on his fingernails. According to Baerde, the guard says: “He’s okay. He’s just trying to get out of his restraints.” [New York Times, 3/4/2003; Guardian, 3/7/2003; Independent, 3/7/2003; Knight Ridder, 8/21/2004; New York Times, 9/17/2004; New York Times, 5/20/2005]
Dead Days Later - Dilawar will be found dead in his cell days later (see December 10, 2002).
Dick Armey. [Source: US Congress]Dick Armey (R-TX) says during his farewell speech from the House of Representatives that Americans must beware of the “awful dangerous seduction of sacrificing our freedoms for safety against this insidious threat [of terrorism] that comes right into our neighborhoods.” He adds: “We the people had better keep an eye on… our government. Not out of contempt or lack of appreciation or disrespect, but out of a sense of guardianship.… Freedom is no policy for the timid. And my plaintive plea to all my colleagues that remain in government as I leave it is, for our sake, for my sake, and for heaven’s sake, don’t give up on freedom!” [Peace Corps, 12/6/2002; Dean, 2004, pp. 197-198]
UNMOVIC weapons inspection leader Hans Blix calls on the US to share its secret intelligence with inspectors. “Of course we would like to have as much information from any member state as to evidence they may have on weapons of mass destruction, and, in particular, sites,” he says. “Because we are inspectors, we can go to sites. They may be listening to what’s going on and they may have lots of other sources of information. But we can go to the sites legitimately and legally.” The New York Times notes: “On one hand, administration officials are pressing him to work faster and send out more inspectors to more places to undermine Baghdad’s ability to conceal any hidden programs. At the same time, Washington has been holding back its intelligence, waiting to see what Iraq will say in its declaration.” [New York Times, 12/7/2002]
At least two CIA interrogators blow cigar smoke in the face of al-Qaeda detainee Abd al-Rahim al-Nashiri. One interrogator will later admit doing this to the CIA’s inspector general, but will say he smoked the cigars to “cover the stench” in the room and to help him remain alert late at night. He will add that he would not do it again, because of “perceived criticism.” Another interrogator will also admit smoking cigars in two sessions with al-Nashiri, again apparently to cover up the smell. However, he will say he did not deliberately force smoke into al-Nashiri’s face. [Central Intelligence Agency, 5/7/2004, pp. 43 ] At this time al-Nashiri is apparently being held at a CIA base in Poland. [Associated Press, 9/7/2010]
CIA interrogators use stress positions that will later be described as “potentially injurious” on detained al-Qaeda leader Abd al-Rahim al-Nashiri. Al-Nashiri is required to kneel on the floor and lean back, and on one occasion he does this a CIA officer reportedly pushes him backwards. On another occasion, an unnamed person has to intervene after somebody else expresses concern that al-Nashiri’s arms might be dislocated from his shoulders. At this time the interrogators are attempting to put al-Nashiri into a standing stress position; he is reportedly lifted off the floor by his arms while they are bound behind his back with a belt. [Central Intelligence Agency, 5/7/2004, pp. 43 ] The timing of these events is unknown, although other similar abuse of al-Nashiri takes place around December 2002 (see Late December 2002 or Early January 2003 and Between December 28, 2002 and January 1, 2003). At this time al-Nashiri is apparently being held at a CIA base in Poland. [Associated Press, 9/7/2010]
On December 6, 2002, conservative media pundit Bill O’Reilly says about Saddam Hussein, “I can’t, in good conscience, tell the American people that I know for sure that he has smallpox or anthrax or he’s got nuclear or chemical and that he is ready to use that. I cannot say that as a journalist or an American.” O’Reilly is far more certain on February 7, 2003, when he tells his listeners, “According to the UN, he’s got anthrax, VX gas, ricin, and on and on.” On February 23, 2003, he says flatly, “This guy we know has anthrax and VX and all this stuff.” Then on March 18, 2003, just two days before the US invades Iraq, he says that he isn’t sure what kind of WMDs Saddam Hussein may possess: “Here’s the bottom line on this for every American and everybody in the world: Nobody knows for sure, all right? We don’t know what he has. We think he has 8,500 liters of anthrax. But let’s see.” [Fairness and Accuracy in Reporting (FAIR), 5/2003]
Iraq submits its declaration of military and civilian chemical, biological and nuclear capabilities to the UN one day early. It consists of 12 CD-ROMs and 43 spiral-bound volumes containing a total of 11,807 pages. General Hussam Amin, the officer in charge of Iraq’s National Monitoring Directorate, tells reporters a few hours before the declaration is formally submitted: “We declared that Iraq is empty of weapons of mass destruction. I reiterate Iraq has no weapons of mass destruction. This declaration has some activities that are dual-use.” Lt. Gen. Amer al-Saadi, a senior adviser to Iraqi President Saddam Hussein, says the next day that Iraq’s pre-1991 nuclear program may have been close to developing a nuclear bomb, but denies that Baghdad continued the program. Meanwhile, the Bush administration remains furious over the Security Council’s previous day ruling that no member state—including the US—will be permitted access to the report until after “sensitive information about weapons manufacture had been removed.” White House officials say they were “blind-sided” by the decision. [Daily Telegraph, 12/8/2002; Observer, 12/8/2002; New York Times, 12/8/2002; Associated Press, 12/9/2002]
Iraq's nuclear program - Roughly 2,100 pages of the declaration include information on Iraq’s former nuclear programs, including details on the sites and companies that were involved. [Associated Press, 12/9/2002; BBC, 12/10/2002]
Iraq's chemical programs - It contains “several thousand pages,” beginning with a summary of Iraq’s former chemical weapons program, specifically “research and development activities, the production of chemical agents, relations with companies and a terminated radiation bomb project.” [Associated Press, 12/9/2002]
The biological declaration - This section is much shorter than the sections dealing with Iraq’s nuclear and chemical programs. It includes “information on military institutions connected with the former biological weapons program, activities at the foot-and-mouth facility and a list of supporting documents.” [Associated Press, 12/9/2002]
The ballistic missile declaration - This is the shortest section of Iraq’s declaration totaling about 1,200 pages. It consists of a chronological summary of the country’s ballistic missile program. [Associated Press, 12/9/2002]
Iraq's suppliers of chemical and biological agent precursors - Iraq’s declaration includes the names of 150 foreign companies, several of which are from the US, Britain, Germany and France. Germany allowed eighty companies to supply Iraq with materials that could be used in the production of weapons of mass destruction since 1975, while the US allowed 24 of its own businesses. Also included in the list are ten French businesses and several Swiss and Chinese companies. “From about 1975 onwards, these companies are shown to have supplied entire complexes, building elements, basic materials and technical know-how for Saddam Hussein’s program to develop nuclear, chemical and biological weapons of mass destruction,” the Independent explains. “They also supplied rockets and complete conventional weapons systems.” [BBC, 12/10/2002; Reuters, 12/10/2002; Washington Post, 12/11/2002; New York Times, 12/12/2002; Newsday, 12/13/2002; Los Angeles Times, 12/15/2002; Independent, 12/18/2002]
Demetrius Perricos. [Source: EPA]Demetrius Perricos, Greek head of a UN inspections team that searched for chemical and biological weapons in Iraq, makes it clear that the inspection teams are not tools of the US and Britain. He says: “This time we have the most advanced equipment available, and the new UN resolution means that we will not be camping somewhere, but knocking on doors. The Iraqis know that, and they also know that a ‘material breach’ may lead to war. I think we shall get to the truth, and it is, of course, desirable that there is no war…. The people who sent us here are the international community and the UN. We are not serving the US and we are not serving [Britain]. The Iraqis would like us to be very light, the US would like us to be extremely severe. We think we are doing a proper job.” [Independent, 12/8/2002]
US Secretary of State Colin Powell successfully pressures the UN Security Council’s president, Colombian ambassador to the United Nations Alfonso Valdivieso, to override the Council’s December 6 decision (see December 6, 2002) that no country be permitted access to an unabridged copy of Iraq’s declaration. “The United States had initially accepted the argument Friday but then changed its mind over the
weekend, holding consultations between capitals,” reports the Associated Press. “Eventually US officials instructed Colombian Ambassador Alfonso Valdivieso, the current Security Council president, to hand over the complete copy of the declaration, which to the astonishment of many in the UN halls, he did.” [Associated Press, 12/9/2002; New York Times, 12/10/2002; New York Times, 12/21/2002] The Council president normally makes decisions only when there is a consensus of all 15 members. Notably, the US had promised Colombia a substantial increase in military aid less than a week beforehand. [New York Times, 12/10/2002] Under the new “decision,” only those countries with “the expertise to assess the risk of proliferation and other sensitive information” will be permitted to access the documents. The only countries that are considered qualified according to this criteria are the five permanent members. The other ten council members, including Syria, will only be allowed to view the declaration after translation, analysis and censorship of “sensitive material.” Syria and Norway are infuriated by the move. [Associated Press, 12/9/2002; Associated Press, 12/9/2002; New York Times, 12/10/2002; Washington Times, 12/12/2002] The photocopying of the documents will be done exclusively by the US. UN Secretary-General Kofi Annan will later acknowledge that the job should have been delegated to a less partial party. [London Times, 12/10/2002; Washington Times, 12/12/2002] The US will remove 3,200 pages of documents before turning the Iraqi documents over to the UN Security Council. [Carter, 2004, pp. 98-99]
Jamil al-Banna. [Source: Public domain]On December 8, 2002, British residents Bisher Al-Rawi and Jamil al-Banna are secretly flown from Gambia to the US military base in Bagram, Afghanistan. They had been held in Gambia by the CIA after the British intelligence agency MI5 gave the CIA false information suggesting the two of them were Islamist militants. In fact, they had worked until recently as informants for MI5. In Gambia, they were pressured to resume their informant work (see November 8, 2002-December 7, 2002). Once in Bagram, they are again pressured to be informants. The CIA asks if they will inform for them, instead of MI5. Al-Banna in particular is offered increasing sums of money and a US passport if he works for the CIA, but he refuses. [Washington Post, 4/2/2006] They are initially taken to the “dark prison” near Kabul and kept in the cold in complete darkness for two weeks. Loudspeakers blare music at them 24 hours a day. Al-Rawi will later recall: “For three days or so I just sat in the corner, shivering. The only time there was light was when a guard came to check on me with a very dim torch—as soon as he’d detect movement, he would leave. I tried to do a few push-ups and jogged on the spot to keep warm. There was no toilet paper, but I tore off my nappies and tried to use them to clean myself.” After about two weeks, they are taken to the nearby Bagram prison. They are heavily abused there too, starting by beating beaten up as they arrive. The two of them had worked as go-betweens between MI5 and the radical imam Abu Qatada, and in Bagram they are heavily pressured to incriminate Abu Qatada. By this time, Abu Qatada is imprisoned in Britain and fighting deportation. [Observer, 7/29/2007] Al-Banna will later tell a detainee in Guantanamo, Asif Iqbal, that Bagram was “rough” and “that he had been forced to walk around naked, coming and going from the showers, having to parade past American soldiers or guards including women who would laugh at everyone who was put in the same position.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] At no time during their detention are they permitted to see a lawyer, despite the fact that a habeas corpus petition has been filed on their behalf and is pending before British courts. In March 2003, they are sent to Guantanamo (see March 2003-November 18, 2007). [Amnesty International, 8/19/2003; Petition for writ of habeas corpus for Bisher al-Rawi, Jamil el-Banna and Martin Mubanga. Jamil el-Banna, et al. v. George Bush, et al., 7/8/2004 ]
US commanders have rejected as too risky many special operations missions to attack Taliban and al-Qaeda fighters in Afghanistan. After Army Green Beret A-Teams received good intelligence on the whereabouts of former Taliban leader Mullah Omar, commanders turned down the missions as too dangerous. Soldiers traced the timidity to an incident in June 2002 called Operation Full Throttle, which resulted in the death of 34 civilians. [Washington Times, 12/9/2002]
Former ambassador Joseph Wilson joins former Defense Secretary James Schlesinger, retired foreign service officer and terrorism expert L. Paul Bremer, and neoconservative columnist Charles Krauthammer at a symposium at the Nixon Center to discuss the impending Iraq invasion. Wilson is dismayed to hear the others “wax… eloquent about how we would reshape the Middle East with our invasion of Iraq.”
Krauthammer: Iraq Will Provide Evidence for Further Efforts to Democratize Middle East - In Wilson’s description, Krauthammer is particularly voluble, telling the other participants that the US must invade and conquer Iraq for three reasons: weapons of mass destruction, American credibility, and the democratization of the Arab world. US credibility is at stake, Krauthammer says, because if the US does not invade after the months of increasingly belligerent rhetoric from the White House and its allies, “I think there will be a tremendous collapse of everything we had achieved by the war in Afghanistan. That would be a great strategic setback. And it would have negative effects on the region, especially on the war on terrorism.” As for the enforced democratization of the Arab states, Krauthammer likens it to “what [America] did in Germany and Japan” after World War II. “It’s about reforming the Arab world,” he says. “I think we don’t know the answer to the question of whether the Arab-Islamic world is inherently allergic to democracy. The assumption is that it is—but I don’t know if anyone can answer that question today. We haven’t attempted it so far. The attempt will begin with Iraq. Afterwards, we are going to have empirical evidence; history will tell us whether that assumption was correct or not.” Wilson will describe himself as “stunned by the unabashed ambition of this imperial project, by the willingness to countenance a major military engagement and lengthy occupation in order to ‘attempt’ to reform the Arab world, to remake it to our liking. What hubris, to put American lives and treasure at stake in order to gain empirical evidence to test an assumption.” Krauthammer concludes by giving what Wilson will call a “chilling comment that we needed to go to war soon, before the antiwar movement coalesced—in other words, before Americans woke up to the fact that this war was not at all about combating the publicly proclaimed grave and gathering danger posed by Saddam [Hussein].”
A US 'Imperial War' - Wilson retorts that Krauthammer’s neoconservatives remind him of Napoleon’s generals “as they sat around the table and listened to his plans on the eve of the march on Moscow”—the ill-fated assault that led to the French emperor’s ultimate failure. After some back-and-forth, Krauthammer says that he is reminded, not of French imperialist ambitions, but of the US on the eve of World War II’s D-Day invasion of Normandy, which led to the downfall of the Nazi empire and the liberation of France. Wilson will later reflect: “If the advocates of [Krauthammer’s] vision in the symposium had their way, we really were going to try to bring Jeffersonian democracy to the Arab world on the coattails of an American military conquest. We were going to be waging an imperial war, pure and simple.” [Wilson, 2004, pp. 309-312]
District Court Judge John Bates rules against the General Accounting Office (GAO), the investigative arm of Congress, in its attempt to force Vice President Cheney to disclose some of his Energy Task Force documents (see January 29, 2001 and May 16, 2001). The judge writes, “This case, in which neither a House of Congress nor any congressional committee has issued a subpoena for the disputed information or authorized this suit, is not the setting for such unprecedented judicial action.” [Associated Press, 12/9/2002] Bates is a Republican who worked as the deputy independent counsel to Kenneth Starr in the Whitewater investigation, and was appointed to the bench by President Bush in 2001. [Savage, 2007, pp. 112] The GAO later declines to appeal the ruling (see February 7, 2003). In a similar suit being filed by Judicial Watch and the Sierra Club, the Bush administration has successfully delayed deadlines forcing these documents to be turned over. [Associated Press, 12/6/2002] That case will eventually be decided in the administration’s favor (see May 10, 2005).
Cheney Pushes Back - Unfortunately, the ruling’s claim of no Congressional involvement is somewhat misleading. The original request for information came from two ranking House members, Henry Waxman (D-CA) of the Committee on Government Reform and John Conyers (D-MI) of the Energy and Commerce Committee (see April 19 - May 4, 2001). Waxman and Conyers followed standard procedure by writing to David Walker, head of the GAO, to request information about who was meeting with the task force and what the task force was doing (May 8, 2001. Instead of complying with the request, Cheney’s legal counsel, David Addington, replied that the task force was not subject to the Federal Advisory Committee Act, and therefore not bound by law to provide such information (see May 16 - 17, 2001). Addington later challenged the GAO’s authority, saying that it was trying “to intrude into the heart of Executive deliberations, including deliberations among the President, the Vice President, members of the President’s Cabinet, and the President’s immediate assistants, which the law protects to ensure the candor in Executive deliberation necessary to effective government.” The GAO was not asking for such information; former Nixon White House counsel John Dean will write in 2004, “It was clear [Addington] was looking to pick a fight.”
Tug of War - The GAO advised Addington that it did indeed have the legal power to examine the deliberations of such entities as the task force, and provided Addington both the statutory law and the legislative history, which flatly contradicted Addington’s refusal. The GAO also noted that it was “not inquiring into the deliberative process but [was] focused on gathering factual information regarding the process of developing President Bush’s National Energy Policy.” The GAO even narrowed the scope of its original request, asking only for the names of those who had worked with the task force, and the dates (see July 31, 2001). But this provoked further resistance from Cheney and his office, with Cheney publicly stating on numerous occasions that the GAO was unlawfully trying to intrude into the deliberative process. Walker’s patience ran out in January 2002, and he notified the White House and Congress that the GAO was taking the administration to court (see February 22, 2002).
Hardball in Federal Court - Usually the case will be handled by lawyers from the Justice Department’s Civil Division. But this case is much more important to the White House to be left to the usual group of attorneys. Instead, this lawsuit is one of the very few to be handled by a special unit operating under the direct supervision of Deputy Solicitor General Paul Clement and Clement’s boss, Solicitor General Theodore Olson. Olson, the lawyer who spearheaded the team that successfully argued the December 2000 Bush v. Gore case that awarded George W. Bush the presidency. Dean later learns that this special team was created specifically to find and handle cases that they can take to the Supreme Court in order to rewrite existing law, mostly laws that restrict the power of the presidency (see January 21, 2001). Many career attorneys at the Justice Department will become so offended by the existence and the agenda of this special legal team that they will resign their positions. The administraton sent a strong signal to Judge Bates when it sent Olson, who has argued many times before the Supreme Court, to argue the government’s case in his court. Dean will write that Bates, a recent Bush appointee and a veteran of the Whitewater investigation, “got the message.” He knows this case is slated to go to the Supreme Court if it doesn’t go the way the White House wants.
Standing the Law On Its Head - According to Dean, Bates turns the entire body of statutory law overseeing the GAO and its powers to compel information from the executive branch on its head. He rules that the GAO lacks the “standing to sue,” saying that it doesn’t have enough of a legal stake in the controversy to have a role in trying to compel information. Bates, flying in the face of over eight decades of law and precedent, rules that, in essence, the GAO is merely an agent of Congress, and because neither the GAO nor Walker had suffered injury because of the task force’s refusal to comply with its request, the GAO has no legal recourse against the executive branch. Bates hangs much of his ruling on the fact that Congress has not yet subpoenaed the White House for the task force information. Thusly, Bates guts the entire structure of enforcement authority the GAO has as part of its statutory mandate. Bates does not go as far as the Justice Department wants, by not specifically ruling that the entire GAO statute is unconstitutional, but otherwise Bates’s ruling is a complete victory for the White House. [Dean, 2004, pp. 76-80] Authors Lou Dubose and Jake Bernstein later write that “Bates’s ruling creates a legislative Catch-22 for Democrats.” Because the GOP is the majority party, and because GOP Congressional leaders refuse to subpoena the White House on virtually any issue or conflict, no such subpoenas as Bates is mandating are likely to ever be granted by Republican committee chairmen. [Dubose and Bernstein, 2006, pp. 14] In 2007, author and reporter Charlie Savage will write that Bates’s ruling severely eroded the GAO’s “ability to threaten to file a lawsuit [and] damaged the congressional watchdog’s capability to persuade executive branch agencies to comply with its requests for information.… Bates had established a principle that, if left undisturbed, could change the attitudes of executive branch officials when the GAO asked for documents they did not want to disclose.” [Savage, 2007, pp. 112-113]
Entity Tags: John Dean, Lou Dubose, Paul Clement, Sierra Club, John Conyers, US Supreme Court, US Department of Justice, Theodore (“Ted”) Olson, Richard (“Dick”) Cheney, John Bates, Judicial Watch, Henry A. Waxman, Bush administration (43), Charlie Savage, David Walker, David S. Addington, Government Accountability Office, Energy Task Force, Jake Bernstein, Federal Advisory Committee Act
Timeline Tags: US Environmental Record, Civil Liberties
The Guardian of London reports that according to unnamed sources in New York and London, “the US and Britain lack ‘killer’ intelligence that will prove conclusively that Iraq has weapons of mass destruction.” The article quotes one source as saying, “If we had intelligence that there is a piece of weaponry at this map reference, we would tell the inspectors and they would be there like a shot.” [Guardian, 12/10/2002]
Dilawar. [Source: CBS]Dilawar, an Afghan farmer turned taxi driver who was detained by US troops on December 5 (see December 5-9, 2002), is found dead in his cell at Bagram. Earlier that day, he was taken to the interrogation room for what will be his last interrogation. An interpreter will later describes him with legs uncontrollably jumping and numbed hands; Dilawar had been chained by his wrists to the top of his cell for four days and suffered repeated beatings from guards. He is agitated and confused, crying that his wife is dead and complaining of being beaten by his guards. Interpreter Ali Baryalai will later tell investigators, “We didn’t pursue that.”
Making Sure the Prisoner is Hydrated - Dilawar is interrogated by two MPs, Specialists Glendale Walls and Joshua Claus. Though Walls is the lead interrogator, the more aggressive Claus quickly takes control of the proceedings. “Josh had a rule that the detainee had to look at him, not me,” the interpreter will tell investigators. “He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front.” Both Walls and Claus slam Dilawar against the wall when he tries and fails to kneel; he begins to either fall asleep or pass out. Baryalai will later state, “It looked to me like Dilawar was trying to cooperate, but he couldn’t physically perform the tasks.” As Baryalai will later tell investigators, Claus grabs Dilawar, shakes him, and tells him that if he does not cooperate, he will be shipped to a prison in the United States, where he would be “treated like a woman, by the other men” and face the wrath of criminals who “would be very angry with anyone involved in the 9/11 attacks.” Dilawar asks for a drink of water, and Claus responds by taking a large plastic water bottle and, instead of giving Dilawar the water, punching a hole in the bottom of the bottle. As Dilawar fumbles with the bottle, the water pours over his orange prison garb. Claus then snatches the bottle back and begins spraying the water into Dilawar’s face. As Dilawar gags on the spray, Claus shouts: “Come on, drink! Drink!” A third interrogator, Staff Sergeant Christopher Yonushonis, enters the room and, as he will recall, finds a large puddle of water, a soaking wet Dilawar, and Claus standing behind Dilawar, twisting up the back of the hood that covers the prisoner’s head. “I had the impression that Josh was actually holding the detainee upright by pulling on the hood,” Yonushonis will recall. “I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection.” When Yonushonis demands an explanation, Claus responds, “We had to make sure he stayed hydrated.”
Dies While Chained to the Ceiling - An interrogator, presumably Yonushonis, promises Dilawar that he can see a doctor after the interrogation session concludes, but Claus tells the guards not to take him to a doctor. Instead, Claus tell the guards to chain him to the ceiling again. “Leave him up,” one of the guards will later quote Claus as saying. Dilawar dies while chained up; hours later, an emergency room doctor sees Dilawar’s body already dead and stiffening. Yonushonis reports the abusive interrogation to his superior officer, Staff Sergeant Steven Loring, but Dilawar is already dead.
Autopsy Report: Legs 'Pulpified' - An autopsy will find Dilawar’s death caused by “blunt force injuries to the lower extremities.” At a pre-trial hearing for one of the guards involved in Dilawar’s abuse, a coroner will say the tissue in the prisoner’s legs “had basically been pulpified.” Major Elizabeth Rouse, another coroner and the one who termed Dilawar’s cause of death to be “homicide,” will add, “I’ve seen similar injuries in an individual run over by a bus.” Walls and Claus will both be charged with assault and maltreatment of a prisoner. [New York Times, 5/20/2005]
Changes Implemented - After Dilawar’s death, the second in a matter of days (see November 30-December 3, 2002), some changes are implemented at Bagram. A medic is assigned to work the night shift. Interrogators are prohibited from physical contact with the detainees. Chaining prisoners to fixed objects is banned, and the use of stress positions is curtailed. Yonushonis will not be interviewed until August 2004, when he contacts an agent of the Army’s Criminal Investigation Command on his own initiative to discuss his knowledge of Dilawar’s death. “I expected to be contacted at some point by investigators in this case,” he will say. “I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive.” Of the last interrogation, Yonushonis will tell investigators, “I remember being so mad that I had trouble speaking.” He also adds one extra detail: by the time Dilawar was interrogated the final time, “most of us were convinced that the detainee was innocent.” [New York Times, 3/4/2003; Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; Independent, 3/7/2003; New York Times, 9/17/2004; New York Times, 5/20/2005]
An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. [American Civil Liberties Union, 1/12/2006]
Mark Barnett in 2009. [Source: Keloland TV (.com)]Mark Barnett, the attorney general of South Dakota, says that Republican allegations of voter fraud in the recent election of Senator Tim Johnson (D-SD) over challenger John Thune (R-SD) are baseless. Barnett is a Republican. Republican National Committee (RNC) officials have turned over 50 affidavits to Barnett’s office, alleging an array of crimes and improprieties. Barnett says only one allegation merits any further inquiry. “Many of the things alleged simply are not crimes,” Barnett says. “Those affidavits simply do not give me cause to think there was an election rip-off.” RNC officials secured affidavits from Republican poll watchers after Johnson’s 524-vote victory over Thune, and gave the affidavits to South Dakota prosecutors in late November. Barnett intends to investigate claims that voters were offered cash to vote. “It’s the two or three affidavits out of 50 that really jumped out and grabbed me as something I need to follow up on,” he says. “I don’t express any opinion on whether those affidavits are true or can be proved. We’re going to have those interviews done.” The “cash for votes” allegation was made in three of the 50 affidavits. One affidavit features a witness claiming she was offered money to vote, and two are from people who say they overheard voters being offered money. The other affidavits allege crimes or improprieties where there were none. “Realistically, many of the things set out in those affidavits are not crimes,” Barnett says. “They are what I would call local election-board management problems. A fair number could be read as complaints about how effective the Democratic get-out-the-vote effort was. They had people watching, then jumping on the phone to one of their drivers.” Even if all of the allegations were true, Barnett says, the results of the election would not change. The RNC says after Barnett’s statement: “The information that the attorney general reviewed is only one area of the problems reported with the election. This is not just about criminal activity but about how the people of South Dakota carry out their elections. They will have to decide at both the local level and the State Legislature whether changes need to be made to the system.” A spokesperson for Johnson says Thune could stop all of the dissension and allegations if he would speak out against them. Thune is referring all questions about the election to the RNC. Some of the unfounded allegations include: poll workers offering variants of names to voters until a match could be found in voting records; stickers being placed over votes for Thune on ballots to fool voting machines into not counting the votes; and what the Rapid City Journal characterizes as “a high degree of coordination between poll workers in some precincts and workers for the Democratic Party.” Barnett is particularly irritated by Republican complaints that Democrats forced polls in some counties to stay open too long. Some county polls stayed open until 8 p.m. Central Standard Time; because the counties in question are in the Mountain time zone, they were required by law to stay open until 7 p.m. Mountain, which is 8 p.m. Central. “Saying the polls were open too long is not an accurate way to describe it. It was opened too early,” Barnett says. “Several affidavits assume that Democratic operatives are the ones who made it stay open. That’s not accurate. It was Republican officials who made the decision, myself among them.… If you screw up and open at 6, you don’t fix a morning screw-up by doing an evening screw-up. If a voter had walked up to a polling place at 6:30 p.m. and found a padlocked door, we would have had the clearest case of a voter-rights violation that I ever heard of. If statute says you’re open until 7, you’re open until 7.” Barnett says many of the complaints were of the effective Democratic efforts of getting voters to the polls in vans, and of Democrats working on those efforts inside polling places. These are extraordinarily low-level infractions, Barnett says, and are routinely committed by workers of both parties in every election. The RNC has refused to provide copies of the allegations to local reporters [Rapid City Journal, 12/10/2002] but will provide them to Byron York, a reporter for the conservative National Review. York will write an article alleging “massive voter fraud” based on the affidavits (see December 19, 2002). Three days later, Barnett will report that the allegations of “vote buying” are groundless. One of the witnesses on the three affidavits could not be located. The second said his signature had been forged on the affidavit. The third said she signed the affidavit after being pressured by a friend. Barnett says: “These affidavits are either perjury or forgery, or call them what you will. They are just flat false.” [Talking Points Memo, 12/16/2002]
Tom Wilshire, a CIA officer involved in the failed search for hijackers Nawaf Alhazmi and Khalid Almihdhar before 9/11, is interviewed by the Congressional Inquiry and comments on some of the failures. When asked about the failure to watchlist Nawaf Alhazmi based on a cable telling CIA headquarters he had arrived in the US and was a terrorist (see March 5, 2000 and March 6, 2000 and After), Wilshire says: “It’s very difficult to understand what happened with [the] cable when it came in. I don’t know exactly why it was missed. It would appear that it was missed.” Commenting on a meeting in June 2001 where the CIA failed to tell the FBI what it knew about Almihdhar and Alhazmi despite showing them photographs of the two hijackers (see June 11, 2001), Wilshire says: “[E]very place that something could have gone wrong in this over a year and a half, it went wrong. All the processes that had been put in place, all the safeguards, everything else, they failed at every possible opportunity. Nothing went right.” [US Congress, 7/24/2003, pp. 147, 151 ]
US Undersecretary of State for Arms Control and International Security John R. Bolton meets with UN Security Council representatives to argue the Bush administration’s case for tightening sanctions on Iraq. Several of the 38 changes that are favored by the Bush administration are aimed at preventing Iraq from acquiring new military equipment—equipment that might be used in an attempt to defend itself in the event of a US and British invasion. Among such items are jammers to block satellite-positioning systems, ultra-wide-band radios and broadcast equipment. The US also wants to extend the import restrictions to several medicines that could be used as antidotes to chemical weapons agents, including atropine, pralidoxime and sodium nitrite. [New York Times, 12/12/2002]
CIA Director Tenet says in a speech, “The Saudis are [providing] increasingly important support to our counterterrorism efforts, from making arrests to sharing debriefing results.” [Washington Post, 12/26/2002] Several terrorist suspects have been sent to Saudi Arabia for interrogation as part of a special rendition program. But US officials often “remain closely involved” with the questioning (see 1993).
US Secretary of Defense Donald Rumsfeld sends President Bush a memo requesting authority to appoint US Strategic Command (STRATCOM) commander Adm. James O. Ellis Jr. in charge of all of the United States’ “strategic” warfare options to combat terrorist states and organizations. By giving STRATCOM warplanners jurisdiction over the full range of the country’s warfare options, the president would effectively remove a decades-old firewall between conventional and nuclear weapons which had served to prevent nuclear arms from being anything but a weapon of last resort. According to William Arkin, a columnist for the Bulletin of the Atomic Scientists, the request, if approved, would remove “nuclear weapons out of their long-established special category and [lump] them in with all the other military options.” Bush approves the request early the following month (see Early January 2003). [Los Angeles Times, 1/26/2003 Sources: Unnamed senior military officials at US Central Command, Memo obtained by the LA Times]
Interior Secretary Gale A. Norton, Agriculture Secretary Ann M. Veneman, and Council on Environmental Quality (CEQ) Chairman James L. Connaughton meet with President Bush to discuss the implementation of the administration’s “Healthy Forest Initiative.” After the meeting, they announce proposed changes that would expedite the approval of “fuels treatment” projects (forest thinning) by weakening the review process and restricting public input. [US Department of Interior, 12/11/2002; Associated Press, 12/11/2002] Critics say the changes would make it easier for the timber industry to cut the larger, more fire resistant trees, making the forests more vulnerable to wildfires. They also charge that the proposed rules would allow logging interests to override local concerns. [Natural Resources Defense Council, 12/11/2002] Mike Francis, a forest specialist with the Wilderness Society, commenting on the proposed rule changes, tells the Associated Press, “Those are nothing more than administration’s typical desires to cut the public out of forest decisions. This administration doesn’t like what the public wants to do with their forests.” [Associated Press, 12/11/2002]
The US is outraged to learn that North Korean-made Scud ballistic missiles are found aboard a ship bound for Yemen. The US initially detains the ship, but is later forced to release it and concede that neither North Korea nor Yemen had broken any laws. [BBC, 12/2007]
In discussing the report of the Senate Select Committee on Intelligence on 9/11, Senator Bob Graham (D-FL), the committee chairman, says he is “surprised at the evidence that there were foreign governments involved in facilitating the activities of at least some of the [9/11] terrorists in the United States.… To me that is an extremely significant issue and most of that information is classified, I think overly classified. I believe the American people should know the extent of the challenge that we face in terms of foreign government involvement. I think there is very compelling evidence that at least some of the terrorists were assisted not just in financing—although that was part of it—by a sovereign foreign government and that we have been derelict in our duty to track that down.… It will become public at some point when it’s turned over to the archives, but that’s 20 or 30 years from now.” [PBS, 12/11/2002] In March 2003, Newsweek says its sources indicate Graham is speaking about Saudi Arabia, and that leads pointing in this direction have been pursued. Graham also says that the report contains far more miscues than have been publicly revealed. “There’s been a cover-up of this,” he says. [Newsweek, 3/1/2003]
The 9/11 Congressional Inquiry concludes its seven-month investigation of the performance of government agencies before the 9/11 attacks. A report hundreds of pages long has been written, but only nine pages of findings and 15 pages of recommendations are released at this time, and these have blacked out sections. [Los Angeles Times, 12/12/2002] After months of wrangling over what has to be classified, the final report will be released in July 2003 (see July 24, 2003). In the findings released at the present time, the inquiry accuses the Bush administration of refusing to declassify information about possible Saudi Arabian financial links to US-based Islamic militants, criticizes the FBI for not adapting into a domestic intelligence bureau after the 9/11 attacks, and says the CIA lacked an effective system for holding its officials accountable for their actions. Asked if 9/11 could have been prevented, Senator Bob Graham (D-FL), the committee chairman, gives “a conditional yes.” Graham says the Bush administration has given Americans an “incomplete and distorted picture” of the foreign assistance the hijackers may have received. [ABC News, 12/10/2002] Graham further says, “There are many more findings to be disclosed” that Americans would find “more than interesting,” and he and others express frustration that information that should be released is being kept classified by the Bush administration. [St. Petersburg Times, 12/12/2002] Many of these findings will remain classified after the inquiry’s final report is released. Senator Richard Shelby (R-AL), the vice chairman, singles out six people as having “failed in significant ways to ensure that this country was as prepared as it could have been”: CIA Director George Tenet; Tenet’s predecessor, John Deutch; former FBI Director Louis Freeh; NSA Director Michael Hayden; Hayden’s predecessor, Lieutenant General Kenneth Minihan; and former Deputy Director Barbara McNamara. [US Congress, 12/11/2002; Washington Post, 12/12/2002] Shelby says that Tenet should resign. “There have been more failures on his watch as far as massive intelligence failures than any CIA director in history. Yet he’s still there. It’s inexplicable to me.” [Reuters, 12/10/2002; PBS, 12/11/2002] But the Los Angeles Times criticizes the inquiry’s plan of action, stating, “A list of 19 recommendations consists largely of recycled proposals and tepid calls for further study of thorny issues members themselves could not resolve.” [Los Angeles Times, 12/12/2002]
Entity Tags: John Deutch, George J. Tenet, Michael Hayden, Louis J. Freeh, Richard Shelby, Saudi Arabia, Federal Bureau of Investigation, Daniel Robert (“Bob”) Graham, Kenneth Minihan, Bush administration (43), Central Intelligence Agency, 9/11 Congressional Inquiry, Barbara McNamara
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
The Institute for Science and International Security (ISIS) releases a report saying that satellite photos indicate that Iran is constructing two nuclear facilities (see August 2002). The report says the first facility, near Arak, is a heavy-water production facility, which raises concerns that Iran might be constructing a nuclear reactor moderated by heavy water. Lending further suspicion to the purpose behind the heavy-water facility is the fact that the Russian-built Bushehr nuclear reactor does not use heavy water. Additionally, ISIS reports, Iran’s existing research reactors do not consume enough heavy water to warrant the need for a heavy-water plant. The report also says that Iran appears to be building a uranium enrichment plant, possibly using gas centrifuge technology, at a site called Natanz, 25 miles southeast of the city of Kashan. [Institute for Science and International Security, 12/12/2002; Nuclear Threat Initiative, 12/13/2002] The following day, Iran’s UN Ambassador Javad Zarif tells CNN that his country is not developing nuclear weapons. “No. Absolutely not,” Zarif says in response to a question on whether Iran is developing a nuclear weapons program. “Iran is a member of the [Nuclear] Nonproliferation Treaty. We have safeguard agreements with the IAEA. Nuclear weapons and other weapons of mass destruction do not have a place in our defense doctrine. We have stated that clearly. And we have shown it.” [CNN, 12/13/2002]
The Bush administration claims that Iraq’s December 7 declaration (see December 7, 2002) was incomplete. [New York Times, 12/13/2002]
It does not explain what happened to the 550 shells filled with mustard gas that the UNSCOM inspectors were never able to account for. [New York Times, 12/13/2002; New York Times, 12/23/2002]
It does not explain what happened to the 157 bombs filled with biological agents that the UNSCOM inspectors were never able to account for. [Washington Post, 12/19/2002; New York Times, 12/23/2002]
It does not explain “why Iraq was seeking to buy uranium in Africa in recent years, as well as high-technology materials that the United States and Britain have said were destined for a program to enrich uranium.” [New York Times, 12/13/2002; New York Times, 12/23/2002]
It does not explain what happened to the 3,000 tons of chemical precursors and 360 tons of actual chemical warfare agents that the UNSCOM inspectors were never able to account for. [BBC, 12/19/2002; Washington Post, 12/19/2002; New York Times, 12/23/2002]
It failed to provide evidence for Iraq’s claim that It had destroyed 1.5 tons of VX nerve gas. The 1999 UNSCOM report had stated, “According to Iraq, 1.5 tons of VX were discarded unilaterally by dumping on the ground. Traces of one VX-degradation product and a chemical known as a VX-stabilizer were found in the samples taken from the VX dump sites. A quantified assessment is not possible.” [BBC, 12/19/2002] Gen. Amir Saadi will explain that the VX gas was indeed accounted for in the December 7 declaration. He says that Iraq had unsuccessfully attempted in April 1990 to produce VX but that the material had degraded quickly and, as a result, the experiment was abandoned. “No production was achieved; no VX was produced,” he says. [New York Times, 12/23/2002]
Barton Gellman. [Source: Publicity photo via Washington Post]On December 12, 2002, the Washington Post publishes a front-page story by reporter Barton Gellman entitled “US Suspects Al-Qaeda Got Nerve Agent From Iraqis.” It states: “The Bush administration has received a credible report that Islamic extremists affiliated with al-Qaeda took possession of a chemical weapon in Iraq last month or late in October, according to two officials with firsthand knowledge of the report and its source. They said government analysts suspect that the transaction involved the nerve agent VX and that a courier managed to smuggle it overland through Turkey.” [Washington Post, 12/12/2002] The story proves so controversial that the Post’s ombudsman Michael Getler writes a column about in on December 22. Getler notes that, “[B]eginning with the second paragraph, which started out, ‘If the report proves true…’ the story contains an extraordinary array of flashing yellow lights.” He asks, “[W]hat, after all, is the use of this story that practically begs you not to put much credence in it? Why was it so prominently displayed, and why not wait until there was more certainty about the intelligence?” However, he says the Post stands by publishing the story. [Washington Post, 12/12/2002] Slate will comment in 2004, “[T]he Gellman scoop withered on the vine.… nobody advanced or refuted the story—not even Gellman.” Gellman will later admit that he should have run a follow-up story, if only to point out that no confirming evidence had come out. [Slate, 4/28/2004] He will later admit the story was incorrect. But he will continue to defend the story, claiming that “it was news even though it was clear that it was possible this report would turn out to be false.” [Washington Post, 8/12/2004]
CIA inspector general John Helgerson, who is investigating some aspects of the CIA’s performance before 9/11, recuses himself from part of the investigation concerning alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM). According to the report’s executive summary, the reason for the recusal is a “conflict of interest,” although the precise nature of this conflict is unknown. This part of the investigation is handled by two deputy inspectors general. [Central Intelligence Agency, 6/2005, pp. xiii ] Some of the senior positions held by Helgerson at the CIA are known; there appears to be an approximately five-year period between 1993 and 1998 when Helgerson’s positions are mostly unknown. [Helgerson, 1996; Central Intelligence Agency, 5/22/1996; Central Intelligence Agency, 8/3/2001; Washington Post, 5/14/2006; Washington Post, 5/14/2006; Ignet(.gov), 5/17/2007 ] The statement about the conflict of interest appears to indicate that Helgerson must have been involved in activities related to KSM in the mid-1990s, but this is not certain.
When the 9/11 Congressional Inquiry finishes its final report (see December 11, 2002), it asks the CIA’s office of inspector general (OIG) to review its findings and to perform any additional investigations that are required. The purpose of this is to determine whether any CIA employees deserve awards for outstanding services, or whether some should be held accountable for not performing their responsibilities satisfactorily. But these are the only 9/11-related issues the OIG investigates. It does not perform a full review of the CIA’s performance before 9/11, and does not specifically focus on systemic issues. [Central Intelligence Agency, 6/2005, pp. v-vi ]
North Korea, stung by repeated rebuffs towards its attempts to reopen diplomatic negotiations with the US (see October 27, 2002 and November 2002), announces that it will restart its nuclear facilities. [Scoblic, 2008, pp. 239] It blames the US for ignoring its responsibilities under the 1994 Agreed Framework (see October 21, 1994). In the next few days and weeks, North Korea will ask the International Atomic Energy Agency (IAEA) to remove its seals and surveillance equipment from the Yongbyon nuclear facility, will itself begin removing monitoring equipment, and will begin shipping fuel rods to the Yongbyon plant to begin creating plutonium (see January 10, 2003 and After). [BBC, 12/2007]
An ABC News/Washington Post poll finds that 81 percent of Americans see “Iraq as a threat to the United States,” 64 percent “think that threat is a substantial one,” and 44 percent “see Iraq as an ‘immediate’ danger.” The poll is conducted among a random national sample of 1,209 adults and the results have a 3 percent error margin. [ABC News, 12/17/2002]
Bruce Ivins working as a Red Cross volunteer in 2003. [Source: Associated Press]During a several day search of a pond near Frederick, Maryland, by FBI investigators for clues to the anthrax attacks (see October 5-November 21, 2001), Scientist Bruce Ivins is there with the investigators, working as a Red Cross volunteer. Ivins will commit suicide in 2008 after coming under scrutiny as the FBI’s main suspect in the anthrax attacks (see July 29, 2008). The pond search is highly publicized at the time, and is an unsuccessful effort to find evidence connecting the attacks to Steven Hatfill, the FBI’s main suspect at the time (see December 12-17, 2002). The pond is near USAMRIID, the US Army’s top bioweapons laboratory where Ivins works and Hatfill used to work. As a Red Cross volunteer, Ivins serves coffee, donuts, and snacks to FBI agents and other investigators in a military tent. He is eventually removed after officials realize he is an anthrax researcher who could compromise the investigation. Apparently, Ivins is a regular Red Cross volunteer at the time. Miriam Fleming, another Red Cross volunteer working at the pond search, will later recall that Ivins “was kind of goofy, but he was always in a good mood. He seemed so normal.” [New York Times, 8/7/2008]
At least 15 FBI investigators conduct a six-day search of Gambrill State Park (outside Frederick, Maryland) and Frederick Municipal Forest in connection with the anthrax investigation. Frederick Municipal Forest is located about four miles northwest of USAMRIID, the Army’s principal biodefense laboratory. In addition to a ground search and excavation of some areas, teams of divers search small lakes and ponds in the park. The search is based on suspicions that former USAMRIID government scientist Steven Hatfill may have disposed of laboratory equipment in one of the ponds near his former Maryland home
(see February 1999, 1997-September 1999, August 1, 2002, and August 4, 2002). Details of the search are immediately leaked to the media. [ABC News, 12/12/2002; CNN, 12/13/2002; Washington Post, 12/13/2002; Baltimore Sun, 12/13/2002] But the search turns up nothing incriminating. [ABC News, 1/9/2003]
The top two dozen US government officials meet for a year-end review of counterterrorism efforts. Counterterrorism “tsar” Gen. John Gordon chairs the meeting. At one point, President Bush turns to Deputy Treasury Secretary Kenneth Dam and asks him, “Ken, where are we on terror finances?” Dam replies, “Mr. President, the majority of the funders for al-Qaeda are Saudis.” Dan gave all the meeting participants a one-page memo listing the fifteen or so top al-Qaeda funders, and almost all of them are Saudis. According to journalist Ron Suskind’s account, “Bush looked at Dam, perplexed, as though he either hadn’t read the handout in front of him, or was somehow surprised—though this was all but common knowledge.” Bush then asks how this is known and is told it is based on CIA intelligence. Bush then ends the meeting a few minutes later without any further comments or plan for action about terrorism financing. Apparently, he takes no significant action on the issue in the following months, either. [Suskind, 2006, pp. 184-186]
Andrew Marshall. [Source: George Lewis]Deputy Secretary of Defense Paul Wolfowitz receives a draft report by the Center for Strategic and Budgetary Assessment which, according to a source interviewed by Newsday, recommends that “the cost of the occupation, the cost for the military administration and providing for a provisional administration, all of that would come out of Iraqi oil.” The report was commissioned by Andrew Marshall, the Pentagon’s influential director of Net Assessment. [Newsday, 1/10/2003] This contradicts a report titled, Potential Costs of a War with Iraq and Its Post War Occupation, which is published by the Center two months later on February 25, 2003. It notes that “given the enormity of Iraq’s reconstruction requirements and the size of its foreign debt, if the Bush Administration’s goal is to turn Iraq into a stable, pro-US democracy, it would probably prove counterproductive to use Iraqi oil revenues to reimburse [Defense Department] for its costs.” [Kosiak, 2/5/2003]
Henry Kissinger resigns as head of the new 9/11 Commission. [Associated Press, 12/13/2002; Associated Press, 12/13/2002] Two days earlier, the Bush administration argued that Kissinger was not required to disclose his private business clients. [New York Times, 12/12/2002] However, the Congressional Research Service insists that he does, and Kissinger resigns rather than reveal his clients. [MSNBC, 12/13/2002; Seattle Times, 12/14/2002]
Spilled Coffee - Kissinger had also been pressured to reveal his client list at a meeting with a group of victims’ relatives, in particular the “Jersey Girls.” One of the “Girls,” Lorie Van Auken, had even asked Kissinger whether he had “any clients named bin Laden?” Kissinger, who was pouring coffee at that moment, refused to answer, but spilled the coffee and fell off the sofa on which he was sitting. [Shenon, 2008, pp. 12-3]
Business Ties - It is reported that Kissinger is (or has been) a consultant for Unocal, the oil corporation, and was involved in plans to build pipelines through Afghanistan (see September-October 1995). [Washington Post, 10/5/1998; Salon, 12/3/2002] Kissinger claims he did no current work for any oil companies or Mideast clients, but several corporations with heavy investments in Saudi Arabia, such as ABB Group, a Swiss-Swedish engineering firm, and Boeing Corp., pay him consulting fees of at least $250,000 a year. A Boeing spokesman said its “long-standing” relationship with Kissinger involved advice on deals in East Asia, not Saudi Arabia. Boeing sold $7.2 billion worth of aircraft to Saudi Arabia in 1995. [Newsweek, 12/15/2002]
Not Vetted - In a surprising break from usual procedures regarding high-profile presidential appointments, White House lawyers never vetted Kissinger for conflicts of interest. [Newsweek, 12/15/2002] The Washington Post says that after the resignations of Kissinger and Mitchell, the commission “has lost time” and “is in disarray, which is no small trick given that it has yet to meet.” [Washington Post, 12/14/2002]
The CIA’s inspector general, which is reviewing some aspects of the CIA’s performance with respect to 9/11, examines the agency’s analysis of Osama bin Laden-related matters before the attacks and finds it was wanting. The executive summary of the inspector general’s report will state that the US intelligence community’s understanding of al-Qaeda “was hampered by insufficient analytic focus, particularly regarding strategic analysis.” The inspector general also asks three former senior analysts to review what was produced about bin Laden. They find that there were some shortcomings, and that some important elements, such as discussions of the implications of information, were ignored. In addition they find there was:
No comprehensive strategic assessment of al-Qaeda by any unit at the CIA;
No comprehensive report focused on bin Laden after 1993;
No examination of the possible use of planes as weapons;
Limited analytic focus on the US as a target;
No comprehensive analysis putting the increased threat reporting in the summer of 2001 into context;
Not much strategic analysis in the CIA’s Counterterrorist Center, where the analytical unit focused on current and tactical issues.
In addition, the National Intelligence Council produced its last terrorist threat assessment before 9/11 in 1995, although it was updated in 1997. Work on a new assessment began in early 2001, but was not completed by 9/11. [Central Intelligence Agency, 6/2005, pp. xvii-xviii ]
Following Henry Kissinger’s resignation as 9/11 Commission chairman the day before (see November 27, 2002), presidential aide Karl Rove calls Thomas Kean, a former Republican governor of New Jersey, to ask if he is willing to be considered as chairman of the Commission. Kean, who does not know Rove well and has been out of politics for some time, is surprised that he is being considered for the job. He is even more surprised that it is Rove making the call, especially given Rove’s reputation as the brain behind the rise of President George W. Bush. However, he says that he may do the job, if chosen. Kean will later speak to the president’s chief of staff Andy Card about the job, and formally accept it in a call from President Bush. Rove will later say that he thinks it was he who first suggested Kean as chairman, but will add that he regrets this, due to later battles with the White House. Card will also say he thinks he was the first to suggest Kean. [Shenon, 2008, pp. 16-7, 25]
The Environmental Protection Agency announces the final rule on concentrated animal feeding operations (CAFO). [Environmental Protection Agency, 2/12/2003] One of its provisions allows factory farms to dump unlimited amounts of raw animal waste on the land. The resulting runoff will pollute waterways, killing fish and spreading disease. The rule also limits corporate liability for environmental damage and allows factory farms to devise their own permit conditions. [Natural Resources Defense Council, 12/16/2002]
CIA employees who have been applying “enhanced interrogation techniques” to al-Qaeda leader Abd al-Rahim al-Nashiri decide that he is now “compliant.” The techniques, including waterboarding, have been used on al-Nashiri for around a month (see (November 2002)). At this point, the agency regards him to be ready to be “debriefed”—a CIA term for part of an interrogation conducted by a more knowledgeable officer who does not use the enhanced techniques, or not to such an extent. Following this decision, the Counterterrorist Center at CIA headquarters sends out a senior operations officer to question al-Nashiri. [Central Intelligence Agency, 5/7/2004, pp. 36, 41 ] This officer will later become known to the public as “Albert.” [Associated Press, 9/7/2010] Al-Nashiri is currently being held at CIA black site in Poland (see December 5, 2002).
The New York Times reports that the Defense Department “is considering issuing a secret directive to the American military to conduct covert operations aimed at influencing public opinion and policy makers in friendly and neutral countries’ in order to stem the tide of anti-Americanism. The Pentagon has considered several tactics it may employ to improve America’s image abroad. For example, the Times explains that the Pentagon “might pay journalists to write stories favorable to American policies,” or hire “outside contractors without obvious ties to the Pentagon to organize rallies in support of American policies.” Another idea would be to set “up schools with secret American financing to teach a moderate Islamic position laced with sympathetic depictions of how the religion is practiced in America.” Several official sources interviewed by the Times opposed the plans. One military officer tells the newspaper: “We have the assets and the capabilities and the training to go into friendly and neutral nations to influence public opinion. We could do it and get away with it. That doesn’t mean we should.” Retired Adm. Dennis C. Blair, a former commander of American forces in the Pacific, says that it probably wouldn’t be very effective. “Running ops against your allies doesn’t work very well…. I’ve seen it tried a few times, and it generally is not very effective,” he says. [New York Times, 12/16/2002] The White House defends the program. “The president has the expectation that any program that is created in his administration will be based on facts, and that’s what he would expect to be carried out in any program that is created in any entity of the government,” White House Press Secretary Ari Fleischer says. [New York Times, 12/16/2002]
[Source: Public domain]President Bush names former New Jersey governor Thomas Kean as the chairman of the 9/11 Commission after his original choice, Henry Kissinger, resigned (see December 13, 2002). [Washington Post, 12/17/2002] In an appearance on NBC, Kean promises an aggressive investigation. “It’s really a remarkably broad mandate, so I don’t think we’ll have any problem looking under every rock. I’ve got no problems in going as far as we have to in finding out the facts.” [Associated Press, 12/17/2002] However, Kean plans to remain president of Drew University and devote only one day a week to the commission. He also claims he would have no conflicts of interest, stating: “I have no clients except the university.” [Washington Post, 12/17/2002] However, he has a history of such conflicts of interest. Multinational Monitor has previously stated: “Perhaps no individual more clearly illustrates the dangers of university presidents maintaining corporate ties than Thomas Kean,” citing the fact that he is on the Board of Directors of Aramark (which received a large contract with his university after he became president), Bell Atlantic, United Health Care, Beneficial Corporation, Fiduciary Trust Company International, and others. [Multinational Monitor, 11/1997]
A CIA official known as a “debriefer” who has come out to question al-Qaeda leader Abd al-Rahim al-Nashiri at a secret CIA black site in Poland says that al-Nashiri is withholding information during interrogations. [Central Intelligence Agency, 5/7/2004, pp. 41 ; Associated Press, 9/7/2010] Al-Nashiri had previously been tortured by the agency (see (November 2002)), but the torture stopped when interrogators decided he was “compliant” (see Mid-December 2002). However, due to the decision that al-Nashiri is withholding information, some of the agency’s harsh techniques, including hooding and shackling, are now reinstated. [Central Intelligence Agency, 5/7/2004, pp. 41 ] According to a former CIA official who will talk to the Associated Press in 2010, the conclusion reached by the debriefer, who will later become known to the public as “Albert,” is disputed. Based on this official’s account, the Associated Press will report that there are “heated arguments at CIA headquarters” over what to do with al-Nashiri, but that in the end the abuse starts again. [Associated Press, 9/7/2010]
Richard Ben-Veniste. [Source: C-SPAN]The 10 members of the new 9/11 Commission are appointed by this date, and are: Republicans Thomas Kean (chairman), Slade Gorton, James Thompson, Fred Fielding, and John Lehman, and Democrats Lee Hamilton (vice chairman), Max Cleland, Tim Roemer, Richard Ben-Veniste, and Jamie Gorelick. [Chicago Tribune, 12/12/2002; Associated Press, 12/16/2002; New York Times, 12/17/2002] Senators Richard Shelby (R-AL) and John McCain (R-AZ) had a say in the choice of one of the Republican positions. They and many 9/11 victims’ relatives wanted former Senator Warren Rudman (R-NH), who co-wrote an acclaimed report about terrorism before 9/11 (see January 31, 2001). But, possibly under pressure from the White House, Senate Republican leader Trent Lott (R-MS) blocked Rudman’s appointment and chose John Lehman instead. [St. Petersburg Times, 12/12/2002; Associated Press, 12/13/2002; Reuters, 12/16/2002; Shenon, 2008, pp. 55-56] It will slowly emerge over the next several months that at least six of the 10 commissioners have ties to the airline industry. [CBS News, 3/5/2003] Henry Kissinger (see December 13, 2002) and his replacement Thomas Kean (see December 16, 2002) both caused controversy when they were named. In addition, the other nine members of the Commission are later shown to all have potential conflicts of interest. Republican commissioners:
Fred Fielding also works for a law firm lobbying for Spirit Airlines and United Airlines. [Associated Press, 2/14/2003; CBS News, 3/5/2003]
Slade Gorton has close ties to Boeing, which built all the planes destroyed on 9/11, and his law firm represents several major airlines, including Delta Air Lines. [Associated Press, 12/12/2002; CBS News, 3/5/2003]
John Lehman, former secretary of the Navy, has large investments in Ball Corp., which has many US military contracts. [Associated Press, 3/27/2003]
James Thompson, former Illinois governor, is the head of a law firm that lobbies for American Airlines and has previously represented United Airlines. [Associated Press, 1/31/2003; CBS News, 3/5/2003] Democratic commissioners:
Richard Ben-Veniste represents Boeing and United Airlines. [CBS News, 3/5/2003] He also has other curious connections, according to a 2001 book on CIA ties to drug running written by Daniel Hopsicker, which has an entire chapter called “Who is Richard Ben-Veniste?” Lawyer Ben-Veniste, Hopsicker says, “has made a career of defending political crooks, specializing in cases that involve drugs and politics.” He has been referred to in print as a “Mob lawyer,” and was a long-time lawyer for Barry Seal, one of the most famous drug dealers in US history who is also alleged to have had CIA connections. [Hopsicker, 2001, pp. 325-30]
Max Cleland, former US senator, has received $300,000 from the airline industry. [CBS News, 3/5/2003]
James Gorelick is a director of United Technologies, one of the Pentagon’s biggest defense contractors and a supplier of engines to airline manufacturers. [Associated Press, 3/27/2003]
Lee Hamilton sits on many advisory boards, including those to the CIA, the president’s Homeland Security Advisory Council, and the US Army. [Associated Press, 3/27/2003]
Tim Roemer represents Boeing and Lockheed Martin. [CBS News, 3/5/2003]
Entity Tags: American Airlines, Fred F. Fielding, Jamie Gorelick, 9/11 Commission, James Thompson, John McCain, John Lehman, Trent Lott, Richard Shelby, Lee Hamilton, Richard Ben-Veniste, United Airlines, Warren Rudman, Slade Gorton, Tim Roemer, Max Cleland
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Joshua Micah Marshall of the influential liberal news blog Talking Points Memo (TPM) writes that charges of “massive voter fraud” that supposedly gave Senator Tim Johnson (D-SD) a narrow victory over challenger John Thune (R-SD) are not only spurious, but deliberately “trumped up” by the Republican National Committee (RNC) working with the Thune campaign. Marshall finds the RNC’s allegations of voter fraud being primarily committed on Indian reservations particularly objectionable. The “wild-eyed allegations,” he writes, “were then amplified by a number of local reporters who turned out to be working in embarrassingly close coordination—in one case, cohabiting—with the Republican operatives who ginned up the accusations in the first place.” Marshall calls the allegations a coordinated effort to block Democratic “get out the vote,” or GOTV, efforts, as well as to “stir up politically-helpful racial animosity.” He writes that Thune and the RNC are using advertisements and mailings to accuse Johnson of being personally involved in the purported fraud, and notes that while Thune graciously conceded the election, his campaign operatives fanned out through South Dakota’s reservations collecting affidavits alleging a wide variety of crimes and improprieties. State Attorney General Mark Barnett found the allegations to be entirely groundless (see December 10, 2002). However, the RNC also gave the affidavits to Byron York of the conservative National Review; York is in the process of preparing a lengthy article on the subject (see December 19, 2002). Marshall writes that the only real crimes may have been committed by “RNC operatives caught filing perjurious or forged affidavits to prove their phony case.” [Talking Points Memo, 12/16/2002] In October, Marshall noted that groundless allegations of absentee ballot fraud were made by a local reporter who lived with a lawyer for the Thune campaign. [Talking Points Memo, 10/18/2002]
The Department of Homeland Security sends a team to investigate claims (see November 25, 2002) that there are several tons of uranium sitting in a Benin warehouse awaiting shipment to Iraq. According to a later Senate investigation, they see “only what appear[s] to be bales of cotton in the warehouse.” The agency publishes its finds in a report on February 10, 2003. [US Congress, 7/7/2004, pp. 59]
President Bush, in a classified briefing with approximately 75 senators, says that Iraq not only has biological and chemical weapons, but is able to strike at the US East Coast via unmanned drone aircraft. For senators still nervous from the recent anthrax attacks, the specter of such an attack is terrifying. Bush provides no evidence of the claim, which is later proven entirely false. [Dean, 2004, pp. 141]
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 ]
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