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In the habeas case of “enemy combatant” Yaser Esam Hamdi, the Court of Appeals for the Fourth Circuit rules again in favor of the government. The court decides that the facts presented by the government in the “Mobbs declaration” (see July 25, 2002) were sufficient to consider Hamdi rightfully as an “enemy combatant.” “Hamdi is not entitled to challenge the facts presented in the Mobbs declaration. Where, as here, a habeas petitioner has been designated an enemy combatant and it is undisputed that he was captured in a zone of active combat operations abroad, further judicial inquiry is unwarranted…,” the court holds. In response to Hamdi’s representatives’ argument that Article 5 of the Third Geneva Convention requires Hamdi’s status be determined by a competent tribunal, the court states that “the Geneva Convention is not self-executing,” and can therefore not be applied directly in a US court. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 1/8/2003 ]
UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” [Guardian, 1/10/2003] But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” [Guardian, 1/10/2003] When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” [White House, 1/9/2003] John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” [Guardian, 1/10/2003] Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution  (see November 8, 2002)…You don’t really have to have a smoking gun.” [News24, 1/10/2003] Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” [Guardian, 1/10/2003]
The White House announces the nomination of Roger F. Noriega, the current US Permanent Representative to the Organization of American States, to the position of Assistant Secretary of State for Western Hemisphere Affairs. [US Department of State, 1/9/2003; White House, 1/9/2003] Otto Reich, who was originally named to the position, but whose nomination was never confirmed by the Senate, is instead appointed by Bush to the White House position of Special Envoy for Western Hemisphere Initiatives, which does not have to be approved by the Senate (see January 11, 2002)
(see November 25, 2002). [US Department of State, 1/9/2003; Knight Ridder, 1/9/2003]
US officials and advisers reject British suggestions—revealed the previous day—that the war be put off (see January 8, 2003). Richard Perle, chairman of the Defense Policy Board, says that the Bush administration is under no obligation to abandon its war plans on account of opposition from the UN Security Council. He says, “I’m assuming that we will not get a consensus on the Security Council but it may be possible to get it… It would be a great mistake to become dependent on it and take the view that we can’t act separately… That would be an abrogation of the president’s responsibility… If there’s no change in Saddam’s attitude I think there’ll be a reluctance to continue this without a clear indication that our patience will be rewarded by a UN Security Council consensus… A consensus would be a useful thing and I think we’d be willing to wait a little longer to get it but not a long time… We might be acting without a resolution from the UN authorizing it but I think the administration can make a strong case that Saddam’s defiance of a variety of resolutions passed previously could be understood to justify military action.” [Daily Telegraph, 1/10/2003] And John Negroponte, the US Ambassador to the UN, also dismisses widespread objections to US aggression, asserting that any instances of Iraqi non-cooperation will “constitute further material breach,” regardless of what the UN ultimately decides. [Associated Press, 1/9/2003; London Times, 1/10/2003]
White House Press Secretary Ari Fleischer asserts during his daily press briefing, “We know for a fact that there are weapons there.” [White House, 1/9/2003]
Matthew Hale, the leader of the World Church of the Creator (WCOTC—see May 1996 and After), shows up for a contempt of court hearing in a Chicago courtroom based on his refusal to give up his group’s name after losing a trademark infringement lawsuit (see November 2002). When Hale appears, he is arrested for soliciting the murder of the judge who presided over the lawsuit, Federal District Court Judge Joan Humphrey Lefkow. Hale recently claimed Lefkow was prejudiced against him because she is married to a Jew and has children who are biracial. Law enforcement officials with Chicago’s Joint Terrorism Task Force say Hale asked another person to “forcibly assault and murder” Lefkow. FBI spokesman Thomas Kneir says: “Certainly freedom of speech and freedom of religion are important in our society here in America. But the threat of physical violence will not be tolerated.” US Attorney Patrick Fitzgerald adds, “Freedom of speech does not include the freedom to solicit murder.” Hale is accompanied in the courtroom by about a dozen followers, many of whom raise their fists in what they call a Roman salute but that is more widely known as a Nazi salute. One WCOTC member, Shawm Powers, says: “This is totally bogus—it’s in our constitutional rights to believe in a religion. We are a bona fide religion, and they are trying to take that away from us. Matt Hale is not a violent man, he doesn’t advocate violence.” Anti-Defamation League official Richard Hirschhaut disagrees, saying: “Matt Hale has been allowed with impunity to engage in terrorist-like activity for four years now. He has had blood on his hands for more than four years. He is now where he should be.” Rabbi Abraham Cooper of the Simon Wiesenthal Center calls Hale “the most dangerous American racist of his generation.” Attorney Glenn Greenwald, representing Hale, says he believes the charge against Hale stems from what he calls a misinterpretation of Hale’s statement that “we are in a state of war with Judge Lefkow.” Greenwald says: “They are probably trying to take things he said along the lines of political advocacy and turn it into a crime. The FBI may have interpreted this protected speech as a threat against a federal judge, but it’s probably nothing more than some heated rhetoric.” During Hale’s incarceration, special administrative measures will be imposed to reduce his ability to communicate with his followers. [CNN, 1/8/2003; New York Times, 1/9/2003; Anti-Defamation League, 2005] The press will later learn that Hale solicited the murder from FBI informant Anthony Evola, a Chicago area pizza delivery man who was asked by Hale to distribute racist and anti-Semitic pamphlets to schoolchildren. Evola instead called the Chicago Public Schools to warn them about the racist material, and was later asked to become an FBI informant. In the months that followed, Evola became chief of Hale’s “White Beret” security squad and frequently traveled with Hale. Evola provided FBI officials with an email from Hale soliciting Lefkow’s home address, and a tape recording of a discussion between the two about Lefkow’s murder. On the tape, Evola said, “We going to exterminate the rat?” Hale replied, “Well, whatever you want to do basically.” Evola said, “The Jew rat.” Hale then said: “You know, my position has always been that I, you know, I’m going to fight within the law… but that information has been provided.… If you wish to do anything yourself, you can.” Evola replied, “Consider it done,” and Hale responded, “Good.” [Southern Poverty Law Center, 4/2003; New York Times, 3/2/2005; Associated Press, 4/26/2005] In addition, former WCOTC leader Jon Fox will testify that Hale asked him in December 2002 to kill Lefkow and others involved in the legal dispute. [Chicago Sun-Times, 4/14/2004; Chicago Tribune, 4/15/2004]
Entity Tags: Joan Humphrey Lefkow, Chicago Public Schools, Anthony Evola, Abraham Cooper, Glenn Greenwald, World Church of the Creator, Shawm Powers, Federal Bureau of Investigation, Thomas Kneir, Patrick J. Fitzgerald, Richard Hirschhaut, Jon Fox, Matthew Hale
Timeline Tags: US Domestic Terrorism
Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]
Vice President Cheney, national security adviser Condoleezza Rice, and dozens of senior White House officials receive a highly classified intelligence assessment, a Senior Executive Memorandum titled “Questions on Why Iraq Is Procuring Aluminum Tubes and What the IAEA Has Found to Date,” on the issue of the disputed use of the Iraqi aluminum tubes. The report concludes that the CIA, Defense Intelligence Agency, National Geospatial-Intelligence Agency, and National Security Agency all believe that the aluminum tubes were most likely intended for centrifuges. The memo says that only the intelligence units at the Departments of Energy and State, along with the UN’s International Atomic Energy Agency (IAEA), disagree with that assessment and believe the tubes were purchased to be used in Iraq’s conventional rocket program, and includes discussion of the dissenting opinions. [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005; National Journal, 3/2/2006]
Vice President Cheney says: “[C]onfronting the threat posed by Iraq is not a distraction from the war on terror; it is absolutely crucial to winning the war on terror. As the president has said, Iraq could decide on any given day to provide biological or chemical weapons to a terrorist group or individual terrorist, which is why the war on terror will not be won until Iraq is completely and verifiably deprived of weapons of mass destruction.” [American Forces Press Service, 1/10/2003]
Defense Department officials and representatives from the Lawrence Livermore and Los Alamos laboratories attend the “Stockpile Stewardship Conference Planning Meeting” called by Dale Klein, the assistant to Defense Secretary Donald Rumsfeld, to prepare for a secret conference on nuclear weapons during the week of August 4, 2003 (see Early August 2003). The purpose of the conference will be to discuss the construction of a new generation of nuclear weapons, including “low-yield” neutron bombs designed to destroy chemical or biological agents and “mini-nukes,” or “bunker-busters,” which could be used to destroy underground targets. Another purpose of the meeting will be to consider restarting nuclear testing and to discuss how the American public can be convinced that the new weapons are necessary. [San Francisco Chronicle, 2/15/2003; Guardian, 2/19/2003; Washington Post, 2/20/2003]
On January 9, 2003, the International Atomic Energy Agency (IAEA) publishes preliminary results of the UN’s renewed weapons inspections in Iraq, and finds no evidence at all that Iraq has resumed its nuclear weapons program. It also finds no evidence that Iraq has used aluminum tubes to generate nuclear material (see January 9, 2003). In 2004, the New York Review of Books will comment: “Given the importance the [Bush] administration had attached to this matter, this would have seemed news of the utmost significance. Yet it was largely ignored. The [New York] Times, which had so prominently displayed its initial story about the aluminum tubes, buried its main article about [it] on page A10.” At the time, the Bush administration is arguing that the UN inspections are meaningless (see January 9, 2003). IAEA spokesperson Mark Gwozdecky will later say: “Nobody wanted to challenge the president. Nobody wanted to believe inspections had anything of value to bring to the table. The press bought into that.” [New York Review of Books, 2/26/2004]
Assistant Secretary of the Interior Craig Manson writes to the State of Montana and withdraws a December 2002 environmental impact assessment conducted by National Park Service scientists which had concluded that the emissions from a proposed 780-megawatt coal-fired Roundup Power Plant would negatively affect visibility and air quality at Yellowstone National Park, located 112 miles away from the plant’s proposed site. Manson, a former Sacramento judge, claims that “weather events” had skewed the results of the study. [National Parks Magazine, 3/2003; PEER, 3/16/2003; Bozeman Daily Chronicle, 10/31/2003; Perks, 4/2004, pp. 28 ]
CIA manager Jami Miscik. [Source: Black Collegian]Jami Miscik, head of the CIA’s Directorate of Intelligence, storms into CIA Director George Tenet’s office, complaining about having to attend more meetings with Deputy National Security Adviser Stephen Hadley to rebut the Iraq-al-Qaeda connection yet again. She tells Tenet, “I’m not going back there again, George. If I have to go back to hear their crap and rewrite this g_ddamn report… I’m resigning, right now.” Tenet calls Hadley and shouts into the phone, “She is not coming over. We are not rewriting this f_cking report one more time. It’s f_cking over. Do you hear me! And don’t you ever f_cking treat my people this way again. Ever!” This is according to Ron Suskind in his book, The One Percent Doctrine. Suskind will conclude, “And that’s why, three weeks later, in making the case for war in his State of the Union address, George W. Bush was not able to say what he’d long hoped to say at such a moment: that there was a pre-9/11 connection between al-Qaeda and Saddam.” [Suskind, 2006, pp. 190-191]
Global Strike logo. [Source: Federation of American Scientists]President Bush signs a classified presidential directive that defines the “Global Strike” program, formalized as Contingency Plan 8022, or CONPLAN-8022, as US policy. Global Strike implements nuclear weapons as part of a possible US preemptive strike against envisioned enemies. In the order, Bush defines Global Strike as “a capability to deliver rapid, extended range, precision kinetic (nuclear and conventional) and non-kinetic (elements of space and information operations) effects in support of theater and national objectives.” He orders that Global Strike be turned over to the US Strategic Command (STRATCOM), the entity in charge of deploying and using the nation’s nuclear arsenal, telling it to “be ready to strike at any moment’s notice in any dark corner of the world.” A month later, General Richard Myers, chairman of the Joint Chiefs of Staff, will tell the House Armed Services Committee, “With its Global Strike responsibilities, the Command will provide a core cadre to plan and execute nuclear, conventional, and information operations anywhere in the world.” [Scoblic, 2008, pp. 179-180] The plan is not revealed until May 2005, when defense analyst William Arkin writes of the program for the Washington Post. [Washington Post, 5/15/2005] In 2008, author J. Peter Scoblic will write: “Global Strike represented the next—some might say the ultimate—manifestation of this principle [domination and isolationism], allowing for the possibility of purely unilateral military action. There was no need for allies and no need for nation building. Just as missile defense could protect us from having to engage the world, so Global Strike could allow the United States to dominate the world while standing utterly apart from it.” [Scoblic, 2008, pp. 183]
North Korea announces that it is withdrawing from the Nuclear Nonproliferation Treaty (see December 12, 1985). Since its attempts to reopen diplomatic talks with the US were rejected (see October 27, 2002 and November 2002), it has announced its restarting of its nuclear energy program (see December 12, 2002) and expelled international inspectors (see December 31, 2002). Around this same time, it begins removing some 8,000 spent fuel rods from storage, a direct indication that it intends to restart its nuclear weapons program. This is a burgeoning crisis for the world, as North Korea is, in many experts’ view, the definition of a “rogue nation,” but the Bush administration refuses to recognize it as a crisis. In 2008, author J. Peter Scoblic will write, “President Bush, focused on Iraq, refused to label it as such.” North Korea has enough nuclear material to make six to eight nuclear weapons; some experts believe it already has one or two. With the inspectors gone, the world has no way to know what North Korea is doing with its spent fuel rods, or where they are being stored—removing the possibility that the US could destroy them with a targeted air strike. Bush’s response to the North Korean crisis is contradictory. While labeling it a member of the “axis of evil” (see January 29, 2002), and sometimes acting belligerently towards that nation (see March 2003-May 2003), he also insists that the US will not use military force to restrain North Korea’s nuclear ambitions. Diplomacy is the answer to the crisis, Bush says, but his administration refuses to talk to the North Koreans (see November 2002) until later in the month (see Mid-January 2003). [BBC, 12/2007; Scoblic, 2008, pp. 239-240, 242]
FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. [Salon, 3/3/2003] Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” [Star-Tribune (Minneapolis), 12/22/2002] Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. [Associated Press, 1/10/2003] As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: [Salon, 3/3/2003]
Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. [New York Times, 5/15/2003]
Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. [Time, 12/30/2002]
FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. [Salon, 3/3/2003; Newsday, 3/21/2006]
David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. [Salon, 3/3/2003] The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” [Time, 5/27/2002] Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. [New York Times, 5/27/2002]
Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. [US Department of Justice, 11/2004, pp. 279-280 ; CNN, 7/22/2005] Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. [Washington Times, 4/10/2003] However, she is fired after about a month, apparently for doing a poor job.
An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). [CBS News, 10/25/2002]
Entity Tags: Barbara Bodine, George W. Bush, Charles Grassley, David Frasca, Central Intelligence Agency, Khalid Almihdhar, Michael Maltbie, Dina Corsi, Marion (“Spike”) Bowman, Robert S. Mueller III, Pasquale D’Amuro, Federal Bureau of Investigation, Richard Blee
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Following press reports that the Bush administration has begun supplying inspectors with intelligence, director-general of the International Atomic Energy Agency (IAEA), Mohamed ElBaradei tells reporters that the inspection teams need “more actionable information” and that the US is still refusing to provide “specific intelligence about where to go and where to inspect.” He adds that “the inspections process will intensify to allow the inspections to speedup” if the Bush administration cooperates with inspectors. He also suggests that he does not think Iraq has a nuclear weapons program. He says: “I think it’s difficult for Iraq to hide a complete nuclear-weapons program. They might be hiding some computer studies or R. and D. on one single centrifuge. These are not enough to make weapons.” [Montreal Gazette, 1/11/2003; Washington Post, 1/11/2003; Time, 1/12/2003; Sun-Herald (Sydney), 1/12/2003] Richard A. Boucher, a spokesperson for the State Department, contests ElBaradei’s contention that inspectors have been given little to go on, saying, “I can certainly say that they’re getting the best we’ve got, and that we are sharing information with the inspectors that they can use, and based on their ability to use it.” [Washington Post, 1/11/2003]
A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]
Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]
Simon Dodge, an Iraq nuclear analyst from the State Department’s Bureau of Intelligence and Research (INR), writes in an email to other intelligence community analysts that the “uranium purchase agreement probably is a hoax.” He adds that the document (see October 15, 2002) suggesting that Iraq, Iran, Sudan, Libya, and Pakistan had met to discuss forming an anti-West coalition was “clearly a forgery.” [US Congress, 7/7/2004; Isikoff and Corn, 2006, pp. 164] A July 2003 memo from the INR’s Carl Ford will note that on the same day as Dodge’s email, the bureau “expressed concerns to the CIA that the documents pertaining to the Iraq-Niger deal were forgeries.” [Carl W. Ford, Jr, 7/7/2003]
US President George Bush and Secretary of State Colin Powell meet alone in the Oval Office for twelve minutes. According to Woodward’s book, Plan of Attack, Bush says, “The inspections are not getting us there…. I really think I’m going to have to do this,” meaning go to war with Iraq. He adds that he is firm in his decision. Powell responds, “You’re sure?… You understand the consequences…. You know that you’re going to be owning this place?” Bush indicates that he understands the implications and asks, “Are you with me on this?… I think I have to do this. I want you with me.” Powell responds: “I’ll do the best I can.… Yes, sir, I will support you. I’m with you, Mr. President.” Woodward will also say in his book that Bush had never—ever—asked his Secretary of State for his advice on the matter of Iraq. “In all the discussions, meetings, chats and back-and-forth, in Powell’s grueling duels with Rumsfeld and Defense, the president had never once asked Powell, Would you do this? What’s your overall advice? The bottom line?” Woodward will write. [New York Times, 4/17/2004; Washington Post, 4/18/2004 Sources: Top officials interviewed by Washington Post editor Bob Woodward]
Both Hans Blix and Mohamed ElBaradei say they need several more months before they can determine whether or not Saddam Hussein still has an illegal weapons program. ElBaradei says the inspectors “still need a few months to achieve our mission,” but adds that Baghdad must supply more documents to verify its claim that Iraq no longer is developing weapons of mass destruction. ElBaradei also hints at his concern that the US might end the inspections by invading the country. He says, “It could be that one day they will say, ‘Move aside boys, we are coming in.’” [New York Times, 11/13/2003]
The anti-abortion organization Operation Rescue releases a statement from its director, the Reverend Philip “Flip” Benham, criticizing a rally held in Buffalo, New York, to memorialize James Kopp, the confessed murderer of abortion provider Dr. Barnett Slepian (see October 23, 1998 and November 21, 2002). Benham accuses pro-choice advocates of participating in the “murder” of “over 45 million children killed by ‘legalized’ abortion,” and says: “Those who advocate murdering abortionists are going to be given a national platform from which to spew their vitriolic poison. How sad!” Benham denies that Operation Rescue has ever advocated or supported violence against abortion providers (see August 1988, January 7, 1998, and April 20, 1998), adding that his organization has “totally debunked” the idea that “murdering abortionists is somehow justifiable biblically,” and blames “the media” for propagating “this poisonous lie” that anti-abortion advocates espouse violence in order to “divert our attention from the true holocaust savaging our nation, and paint every Christian who lives out his faith at an abortion mill as a wild-eyed lunatic, bent on doing violence.” [Operation Save America, 1/13/2003]
A disagreement arises among UN Security Council members over the weapons inspections schedule. UN Resolution 1441 (see November 8, 2002) specifies that after 60 days, the inspectors must report to the Council on the progress of inspections. But the resolution provides no instructions for how the inspections are to proceed after this date. The resolution also fails to explain what is to happen if no weapons of mass destruction are found. Hans Blix believes that after the 60 day report—due January 27—his team should revert to the terms contained within 1999 UN Resolution 1284. According to the provisions of this agreement, an additional report would be due in late March, which would contain a list of disarmament requirements that Iraq would have to satisfy prior to the lifting of sanctions. [United Nations, 12/17/1999; Sydney Morning Herald, 1/16/2003; Reuters, 1/16/2003; Washington Post, 1/16/2003; New York Times, 1/16/2003] “The 1999 resolution spells out steps, which, in theory, could lead to a suspension of sanctions as early as July,” reports Reuters. [Reuters, 1/16/2003] Bush administration officials strongly disagree with Hans Blix’s approach, fearing that it would subvert US plans to provoke a military confrontation with Iraq. The Washington Post reports, “[Blix’s] plan risks undermining the administration’s strategy to ratchet up the pressure for a decision on whether to go to war later this month and it raises the prospect that Security Council members, including some US allies, would use it as an excuse to put off a decision until March, at the earliest.” Other countries—including France, Britain, Russia, France, China and Syria—see no problem with the timetable being advocated by Hans Blix. “The Council’s resolutions shouldn’t be flouted, they should be respected,” says Fayssal Mekdad, Syria’s deputy UN ambassador. [Washington Post, 1/16/2003]
Before his meeting with Polish President Alexander Kwasniewski, Bush tells reporters that he does not support an extension for the inspections. “I am sick and tired of games and deception, and that is my view on timetables,” he says. “The United Nations has spoken with one voice. He’s been given 11 years to disarm, and we have given him one last chance.” [New York Times, 1/15/2003; Washington Post, 1/15/2003; Sydney Morning Herald, 1/16/2003]
UN Secretary-General Kofi Annan expresses optimism that the Iraq conflict could be resolved peacefully. In contrast to Bush’s statements (see January 14, 2003), Annan says that Saddam’s level of cooperation has improved since the UNSCOM inspections of the late nineties and therefore there is reason to hope that war can be avoided. He also states very clearly that it is premature to discuss whether or not the use of military force will be needed. “I am both optimistic and hopeful that if we handle the situation right, and the pressure on the Iraqi leadership is maintained and the inspectors continue to work as aggressively as they are doing, we may be able to disarm Iraq peacefully,” he says. [New York Times, 1/15/2003; Washington Post, 1/15/2003]
Executive directors of leading human rights organizations write to Deputy Defense Secretary Paul Wolfowitz urging that the Bush administration publicly denounce the use of torture in any form and pledge not to seek intelligence obtained through torture in a third country. The letters also ask the US to provide clear guidelines to US forces on the treatment of detainees. [Human Rights Watch, 5/7/2004]
John le Carre. [Source: BBC]Famous spy novelist John le Carré, in an essay entitled, “The United States of America Has Gone Mad,” says “The reaction to 9/11 is beyond anything Osama bin Laden could have hoped for in his nastiest dreams. As in McCarthy times, the freedoms that have made America the envy of the world are being systematically eroded.” He also comments, “How Bush and his junta succeeded in deflecting America’s anger from bin Laden to Saddam Hussein is one of the great public relations conjuring tricks of history.” [London Times, 1/15/2003]
In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 ]
National Security Adviser Condoleezza Rice flies to New York City to meet with Hans Blix. She attempts to discourage him from his plans to revert to the provisions of UN Resolution 1284 after his January 27 report to the UN Security Council—the last update required by UN Resolution 1441 (see November 8, 2002). She also attempts to persuade him to press ahead with plans to aggressively interview Iraqi scientists. [Sydney Morning Herald, 1/16/2003; New York Times, 1/16/2003] At a Council luncheon, US ambassador to the UN John Negroponte attempts to convince delegates of the other member states that the inspections timetable should not be based on the 1999 resolution. But they disagree, seeing no reason to ignore the process outlined in Resolution 1284. [Reuters, 1/16/2003; Reuters, 1/16/2003; New York Times, 1/17/2003] A few days later, the London Observer reports, “US officials have made it clear that they will try to foil further reports and say that an accumulation of evidence of military activity in Iraq will be enough for Saddam to be in material breach of the orders to Saddam to disarm.” [Observer, 1/19/2003]
Michael Ashcroft. [Source: Conservative Home Blogs.com]Former Drug Enforcement Administration analyst Jonathan Randel is sentenced to a year in prison on felony theft charges surrounding his passing of DEA information to Toby Follett, a London Times investigative reporter. Randel’s prosecution is unusual because he passed unclassified information to the reporter, and none of his actions threatened national security. The prosecutor of Randel’s case says flatly that Randel was taken to court to discourage other government employees from cooperating with the press. Additionally, there is wide speculation that Randel’s prosecution may have something to do with the target of Follett’s investigation, Lord Michael Ashcroft. Ashcroft (no relation to Attorney General John Ashcroft) was under investigation by the DEA because of his ownership of a bank in Belize that was a known outlet for laundered drug money. Randel provided Follett with information that was not classified, but was categorized as “sensitive.” Times editor Robert Thomson says that Randel’s prosecution is distressing because “[c]onfidential information is passed to journalists every day.” However, Justice Department prosecutor William Duffey, a former deputy independent counsel under Whitewater independent counsel Kenneth Starr, says that Randel’s prosecution was designed to warn other government workers of the dangers of cooperating with the media.
'Particularly Alarming' - Lucy Dalglish, head of the Reporters Committee for Freedom of the Press, says, “What is particularly alarming is that this is not classified information and is probably disclosable under the Freedom of Information Act. This is the kind of thing that journalists ask for every day.” She says that other, similar actions by other public employees have been addressed with reprimands and letters in their personnel files. “But jail?” she asks. Former Nixon White House counsel John Dean writes in 2004, “Clearly this was a warning aimed at potential whistleblowers in the federal bureaucracy, advising them to keep quiet, or risk jail.” [New York Times, 1/16/2003; Dean, 2004, pp. 67-69]
No Precedent - Neither Duffey nor anyone in the DEA can cite any other cases where the government has prosecuted an employee for leaking confidential but unclassified information. Lawyer Kevin Goldberg, legal counsel for the American Society of Newspaper Editors, says that such a prosecution is rare in the extreme. If such a broad standard were applied to other whistleblowers, then charges could well be brought against FBI agent Coleen Rowley, whose revelations of FBI mismanagement and obduracy before the 9/11 attacks earned her a citation as one of Time Magazine’s “Persons of the Year.” Journalism professor Catherine Manegold calls Randel’s prosecution “not too different from McCarthyism.… If we are confined to official, pre-vetted statements, that’s a terribly dangerous place to be.” [Fulton County Daily Report, 1/15/2003]
Protecting Lord Ashcroft - Dean will say that the Justice Department’s prosecution of Randel was extraordinary, writing that the Department “threw the book at him.” It filed a twenty-count indictment against Randel, including 16 separate charges for each time Randel used a DEA computer to locate information on Ashcroft, and characterizing each computer usage as a separate scheme to “defraud” the US government. If convicted of all charges and given the maximum possible sentence, Randel would have faced up to 580 years in prison—a prime reason, Dean believes, that Randel accepted a plea bargain to a single charge of felony theft. According to Dean, Randel strongly believes that the Justice Department prosecuted him to protect Ashcroft, a wealthy Conservative lord living in the United States. [Dean, 2004, pp. 67-69] According to his attorney, Steven Sadow, Randel thinks “Ashcroft was getting a free ride for crooked activities. That’s why he did what he did.” Ashcroft has filed a lawsuit for defamation of character against the Times over its charges that he was involved in drug trafficking and money laundering; the Times’s owner, Rupert Murdoch, settled the case by printing a front-page apology to Ashcroft (see December 8, 1999). [Fulton County Daily Report, 1/15/2003] Ashcroft is also being probed over his potentially illegal dealings with the US toy manufacturer Tyco, and is suspected of participating in racketeering, securities fraud, tax fraud, and/or falsification of records. [Dean, 2004, pp. 67-69]
Entity Tags: Robert Thomson, William Duffey, US Department of Justice, Steven Sadow, Reporters Committee for Freedom of the Press, Lucy Dalglish, London Times, American Society of Newspaper Editors, Catherine Manegold, Michael Ashcroft, Drug Enforcement Administration, Jonathan Randel, Kevin Goldberg, John Dean, Toby Follett
Timeline Tags: Civil Liberties
The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]
White House speechwriters Michael Gerson, Matthew Scully, and John Gibson decide to include an allegation about the purported Iraq-Niger uranium deal in President Bush’s upcoming state of the union address. They remember that the allegation had been pulled from at least two previous speeches (see September 11, 2002, October 5, 2002, October 6, 2002, and Late September 2002), but figure that if the CIA has a problem with it, the agency will ask them to remove it. They want to include it in the speech to increase the persuasiveness of Bush’s argument. [Isikoff and Corn, 2006, pp. 169] Gibson later recalls that his assumption at this time is, “Maybe we had gotten better information on it.” [Isikoff and Corn, 2006, pp. 171]
Two Pentagon offices—the Special Operations and Low-Intensity Conflict Office and the Office of Special Plans—prepare a white paper and slide presentation recommending the creation of a “Rapid Reaction Media Team” (RRMT) that would maintain control over major Iraqi media organizations while still projecting an Iraqi “face.” The first phase of the one-to-two-year “strategic information campaign” would last six months and cost $51 million. The paper states that the “RRMT concept focuses on USG-UK [“USG” stands for US government] pre-and post hostilities efforts to develop programming, train talent, and rapidly deploy a team of US/UK media experts with a team of ‘hand selected’ Iraqi media experts to communicate immediately with the Iraqi public opinion upon liberation of Iraq.” The “hand-picked” Iraqi experts would help “select and train the Iraqi broadcasters and publishers (‘the face’) for the USG/coalition sponsored information effort,” the paper explains. Media stories produced by this campaign would be based on US-approved information and would focus on topics like “the De-Baathification program”; “recent history telling (e.g., ‘Uncle Saddam,’ History Channel’s ‘Saddam’s Bomb-Maker,’ ‘Killing Fields,’ etc.)”; US government-approved “Democracy Series”; “Environmental (Marshlands re-hydration)”; “Mine Awareness”; “Re-starting the Oil”; “Justice and rule of law topics”; “War Criminals/Truth Commission”; “prisoners and atrocity interviews”; “Saddam’s palaces and opulence,” and “WMD (weapons of mass destruction) disarmament.” For its “Entertainment and News Magazine programming,” the plan says the media should do stories on “Hollywood,” “Arab country donations,” and “Sports.” According to the paper, “having professional US-trained Iraqi media teams immediately in place to portray a new Iraq (by Iraqis for Iraqis) with hopes for a prosperous, democratic future, will have a profound psychological and political impact on the Iraqi people.” It is not clear whether or not this particular plan is implemented. However, after the invasion of Iraq, the Pentagon will contract a firm called the Lincoln Group to plant stories in the Iraqi media (see September 2004-September 2006) and will purchase an Iraqi newspaper and take control of an Iraqi radio station, using them to disseminate pro-American messages to the Iraqi public. [US Department of Defense, 1/2003 ; Inter Press Service, 5/9/2007]
The Bush administration responds to the North Korean nuclear crisis (see January 10, 2003 and After) by saying that it will talk—but not negotiate—with the North Koreans. In 2008, author J. Peter Scoblic will write, “The Bush administration would, in other words, be willing to tell North Korea that it had transgressed, but it would not bargain.” North Korea insists on bilateral talks with the US, but Bush officials refuse (see February 4, 2003). [Scoblic, 2008, pp. 240]
UN weapons inspectors discover a cache of 12 warheads designed to carry chemical warfare agents in the Ukhaider Ammunition Storage Area located about 80 miles [120km] south of Baghdad. News of the discovery is announced immediately. According to officials, the warheads were not included in Iraq’s December 7 declaration to the UN (see December 7, 2002). [Washington Post, 1/16/2003; Reuters, 1/17/2003; New York Times, 1/17/2003; New York Times, 1/18/2003] The warheads—meant for 122 mm rockets with a range of 11-22 miles—are in perfect condition. Though they seem to be configured for Sarin gas, they are empty and have no trace of chemical weapons. [Washington Post, 1/16/2003; Reuters, 1/17/2003; Reuters, 1/17/2003; Newsday, 1/18/2003; New York Times, 1/31/2003] Iraqi officials call their failure to include information about this cache in Iraq’s December 7 declaration an oversight and promise to check if they have any other old warheads in storage. General Hussam Mohammed Amin, head of Iraq’s weapons-monitoring directorate and the chief liaison to UN inspectors, says the warheads were imported in 1986 and therefore are too old to be of any use. “These are 122 mm rockets with an empty warhead. There are no chemical or biological agents or weapons of mass destruction,” he explains. “These rockets are expired… they were in closed wooden boxes… that we had forgotten about,” he adds. [Reuters, 1/17/2003; Reuters, 1/17/2003] “It doesn’t represent anything. It’s not dangerous.” [Washington Post, 1/16/2003] He refers to the discovery as a mere “storm in a teacup.” [Reuters, 1/17/2003; Reuters, 1/17/2003] The Bush administration considers the discovery significant. White House Press Secretary Ari Fleischer says: “The president views this as troubling and serious…. What the world wants to know is if Saddam Hussein has disarmed. Possession of chemical warheads is not a good indication that the man has disarmed.” Fleischer disputes the notion that empty warheads do not represent a threat. “Putting chemical weapons into a chemical warhead is done at the last minute,” he notes. However officials from other countries seem to disagree. A French diplomat tells reporters, “I have only one thing to say—empty.” [New York Times, 1/18/2003] The inspectors feel that the discovery is “evidence that their search was beginning to yield results and should be given more time to work,” reports the New York Times. [New York Times, 1/18/2003]
State Department spokesman Richard Boucher warns that Washington will not wait for the inspections to end before taking military action. Boucher states, “There’s no point in continuing forever, going on, if Iraq is not cooperating.” [Associated Press, 1/16/2003; Daily Telegraph, 1/19/2003]
A CIA analyst who specializes in the Iraqi nuclear program receives a copy of the forged Iraq-Niger documents. He had previously read a copy of the State Department’s analysis of them (see January 12, 2003), after which he realized he had never seen the documents the analysis apparently debunked, and requested them. [Christian Science Monitor, 11/15/2005]
Mahmoud al-Zahar, a senior member of Hamas, warns, “If Iraq is attacked… all American targets will be open targets for every Muslim, Arab or Palestinian. Any attack against Iraq will be answered by resistance everywhere and American interests everywhere will be targeted. We say that all American targets will be open targets to every Muslim, Arab, or Palestinian.” [Ha'aretz, 1/17/2003]
Citing inspectors’ discovery of 12 empty “warheads” (see January 16, 2003) and documents related to a failed nuclear program’s attempt at laser enrichment of uranium (see Afternoon October 7, 2002), critics of the Bush administration’s planned invasion argue that the inspections are working and that they should continue under the terms of 1999 UN Resolution 1284. They contend that if Iraq still possesses illegal weapons that it can be peacefully and effectively disarmed by the inspections process, thus making the argument for war moot. But the Bush administration argues instead that the inspection process has demonstrated that Saddam Hussein is not willing to disarm. This debate occurs as weapons inspectors are preparing their January 27 (see January 27, 2003) update on inspections, as required by UN Resolution 1441 (see November 8, 2002). Washington is hoping that the report will demonstrate that Iraq is not cooperating, so that they can use it to justify using military force against Iraq. [Associated Press, 1/15/2003; New York Times, 1/17/2003; New York Times, 1/19/2003; International Herald Tribune, 1/20/2003] The New York Times reports that according to unnamed US officials, “[I]n spite of the wish by Mr. Blix and Dr. Mohamed ElBaradei, the chief inspector for nuclear weapons and the head of the International Atomic Energy Agency, to continue the inspections process, the United States would move quickly to force an early conclusion by the Security Council.” [New York Times, 1/19/2003]
The CIA provides Centcom with intelligence for the purpose of planning targets in Iraq. But Centcom sources later tell Newsweek the intelligence was extremely poor. It “was crap,” a Centcom planner later tells Newsweek. Another source tells the magazine that the sites the agency suggests for targeting are for the most part the same ones that were bombed during the First Gulf War. While the CIA has satellite photos of the buildings to be targeted, it turns out they know little about them. “What was inside the structures was another matter,” says the source. “We asked, ‘Well, what agents are in these buildings? Because we need to know.’ And the answer was, ‘We don’t know.’” [Newsweek, 6/9/2003 Sources: Unnamed Centcom planner]
Top Bush administration officials appear to suggest that war can be avoided if Saddam Hussein steps down. Donald Rumsfeld, speaking on ABC’s This Week says, “I… personally would recommend that some provision be made so that the senior leadership in that country and their families could be provided haven in some other country, and I think that that would be a fair trade to avoid a war.” He also says that if Saddam goes into exile he might be granted immunity from prosecution for war crimes. [This Week with George Stephanopoulos, 1/19/2003] Similarly, Colin Powell says on CNN, “I think the Iraqi people would be a lot better off, and this whole situation would be resolved, if Saddam Hussein… his sons and the top leadership of the regime would leave.” [Late Edition with Wolf Blitzer, 1/19/2003] It is not clear, however, if Rumsfeld and Powell’s comments are sincere, or if they are just trying to appear as though they are providing Saddam Hussein with an alternative to military confrontation. Their comments are seemingly contradicted by National Security Adviser Condoleezza Rice who says on NBC’s Meet the Press, “I… think that it is unlikely that this man is going to come down in any other way than to be forced.” [Washington Post, 1/20/2003; New York Times, 1/20/2003]
Appearing on Fox News, Donald Rumsfeld, responding to a question, says, “… the Office of Management and Budget, has come up come up [sic] with a number that’s something under $50 billion for the cost. How much of that would be the US burden, and how much would be other countries, is an open question.” [US Department of Defense, 10/21/2002]
During a meeting with foreign ministers from 13 of the 15 Security Council member states, US Secretary of State Colin Powell encounters strong resistance to the Bush administration’s view that the inspections are not working and that Iraq is not cooperating. Russia, China, France and Germany all express their satisfaction with how the inspections are proceeding and say that their preference is that the inspectors be permitted to continue their work. Only Britain appears willing to provide support for Washington’s position, reiterating the American stance that Saddam is running out of time. French Foreign Minister Dominique de Villepin is the most vocal in his opposition to the Bush administration’s attempt to rationalize the need for war. In an interview, he says the UN should remain “on the path of cooperation” and that France will never “associate [itself] with military intervention… not supported by the international community.” He adds,“We think that military intervention would be the worst possible solution.” Russian Foreign Minister Igor Ivanov also disagrees with the Bush administration’s insistence that military force will be needed, explaining: “Terrorism is far from being crushed. We must be careful not to take unilateral steps that might threaten the unity of the entire [anti-]terrorism coalition. In this context we are strictly in favor of a political settlement of the situation revolving around Iraq.” [Washington Post, 1/20/2003] Germany’s Joschka Fischer similarly states: “Iraq has complied fully with all relevant resolutions and cooperated very closely with the UN team on the ground. We think things are moving in the right direction, based on the efforts of the inspection team, and [they] should have all the time which is needed.” [Washington Post, 1/20/2003; New York Times, 1/20/2003] The Bush administration remains unconvinced by these arguments. Powell tells reporters: “We cannot fail to take the action that may be necessary because we are afraid of what others might do. We cannot be shocked into impotence because we are afraid of the difficult choices that are ahead of us.” [Washington Post, 1/20/2003]
President Bush submits a report to Congress citing Iraq’s attempts “to acquire uranium and the means to enrich it.” Bush does not tell Congress about the report recently issued by the National Intelligence Council saying that the Iraq-Niger uranium allegations are “baseless” (see January 2003). [Unger, 2007, pp. 269]
Shayna Steinger, a consular official who issued 12 visas to the 9/11 hijackers at the US Consulate in Jeddah, Saudi Arabia (see July 1, 2000), is interviewed by the State Department’s inspector general. The interview is part of a probe into the issuance of visas to the 9/11 hijackers and the questions asked are the standard ones put to all consular officers that issued visas to the hijackers. Steinger says:
This is only her second interview about what happened, the first being Congressional testimony in August 2002 (see August 1, 2002). She expresses surprise at this.
It did not matter that all the hijackers’ visa applications were incomplete, because Saudis were eligible for visas anyway.
She did not interview most of the hijackers she issued visas to and, even if she had interviewed them, she would probably have issued them with visas.
She did interview Hani Hanjour (see September 10, 2000 and September 25, 2000), and says he seemed “middle class” and not “well-connected.” In this context she adds that Saudis were not asked to provide documents to support their applications. It is unclear why she says this as she said in her Congressional testimony that Hanjour did have to provide documentation and had in fact provided it.
She criticizes David El-Hinn, the other consular officer issuing visas in Jeddah at the same time, for his high refusal rate (see Early Fall 2000).
After 9/11 Steinger wrote a cable saying that nothing had changed at the consulate in Jeddah, and she was criticized for this after the cable was leaked to the press. [Office of the Inspector General (US Department of State), 1/30/2003]
Robert Bartley. [Source: Slate]The Wall Street Journal’s editorial page editor emeritus, Robert Bartley, acknowledges that Fox News’s slogan, “We report, you decide,” is a “pretense.” Bartley, a staunch conservative, writes: “Even more importantly, the amazing success of Roger Ailes at Fox News (see October 7, 1996) has provided a meaningful alternative to the Left-establishment slant of the major networks.… His news is no more tilted to the right than theirs has been on the left, and there’s no reason for him to drop his ‘we report, you decide’ pretense until they drop theirs” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 49] In May 2003, ABC News president David Westin will say: “I like ‘We report. You decide.’ It’s a wonderful slogan. Too often, I don’t think that’s what’s going on at Fox. Too often, they step over the line and try and help people decide what is right and wrong.” Fox News pundit and host Bill O’Reilly will agree. Asked whether a more accurate tag line for Fox might be “We report. We decide,” he will reply, “Well, you’re probably right.” Todd Gitlin of the Columbia Journalism School will add: “I find it hard to believe many Fox viewers believe Bill O’Reilly is a ‘no-spin zone,’ or ‘We report. You decide.’ It’s a joke. In Washington it reinforces the impression of ‘we happy few who are members of the club.’ It emboldens the right wing to feel justified and confident they can promote their policies.” [New Yorker, 5/26/2003]
Bush and his advisors respond to statements made the previous day by Russian, French, Chinese, and German ministers expressing satisfaction with the weapons inspection process (see January 19, 2003). Bush says: “He’s not disarming. As a matter of fact, it appears to be a rerun of a bad movie. He is delaying, he is deceiving, he is asking for time. He’s playing hide-and-seek with inspectors.… It’s clear to me now that he is not disarming. And, surely, our friends have learned lessons from the past. Surely we have learned how this man deceives and delays.… This business about more time—how much time do we need to see clearly that he’s not disarming? As I said, this looks like a rerun of a bad movie and I’m not interested in watching it.” [US President, 1/27/2003] US Deputy Secretary of State Richard Armitage also disputes the notion that Saddam is cooperating with inspectors. “Our other options are just about exhausted at this point,” he asserts “This regime has very little time left to undo the legacy of 12 years. There is no sign, there is not one sign that the regime has any intent to comply fully.” [Washington Post, 1/22/2003]
President George Bush signs an executive order formally creating the Office of Global Communications (see July 30, 2002) to coordinate efforts among various federal agencies to “disseminate truthful, accurate, and effective messages about the American people and their government” to audiences around the world. [White House, 1/21/2003; New York Times, 1/22/2003] The office has actually been in existence since before July 2002 (see July 30, 2002). Its first publication is also released on this day. Titled, “Apparatus of Lies,” the 32-page white paper argues that Iraq is using a carefully calibrated system of propaganda and disinformation to gain international support for the regime and to hide development of its weapons of mass destruction programs. In its executive summary, it states that Iraq’s foreign relations consist primarily of “a highly developed, well disciplined, and expertly organized program designed to win support for the Iraqi regime through outright deceit.” It goes on to say that the “elaborate program is one of the regime’s most potent weapons for advancing its political, military, and diplomatic objectives. In their disinformation and propaganda campaigns, the Iraqis use elaborate ruses and obvious falsehoods, covert actions and false on-the-record statements, and sophisticated preparation and spontaneous exploitation of opportunities. Many of the techniques are not new, but this regime exploits them more aggressively and effectively—and to more harmful effect—than any other regime in power today.” [Office of Global Communications, 1/21/2003 ]
Joost Hiltermann. [Source: Representational Pictures]Reporter Russell Mokhiber attempts to pin down White House press secretary Ari Fleischer on the Bush administration’s condemnations of Iraq over its gassing of Iraqi Kurds in Halabja, when the US at the time tried to protect Iraq from international criticism (see January 17, 2003). Mokhiber says, “You and the president have repeatedly said that Saddam Hussein gassed his own people. The biggest such attack was in Halabja in March 1988, where some 6,800 Kurds were killed. Last week, in an article in the International Herald Tribune, Joost Hiltermann writes that while it was Iraq that carried out the attack, the United States at the time, fully aware that it was Iraq, accused Iran. This was apparently part of the US tilt toward Iraq in the Iran-Iraq war. The tilt included billions of dollars in loan guarantees. Sensing he had carte blanche, Saddam escalated his resort to gas warfare—graduating to ever more lethal agents. So, you and the president have said that Saddam has repeatedly gassed his own people. Why do you leave out the part that the United States in effect gave Saddam the green light?” Fleischer responds that Mokhiber needs to ask someone “other than the White House,” and claims he has no idea whether those charges are accurate. Mokhiber presses forward, saying that recent media reports show “a number of major American corporations—including Hewlett-Packard and Bechtel—helped Saddam Hussein beef up its military in the 1980s [and] supplied Iraq with cluster bombs, intelligence and chemical and biological agents.” Mokhiber notes that the same articles report the current Secretary of Defense, Donald Rumsfeld, “went to Baghdad in December 1983 and met with Saddam Hussein, and this was at a time when Iraq was using chemical weapons almost on a daily basis in defiance of international conventions. So there are some specifics, and the question is—if Iraq is part of the axis of evil, why aren’t the United States and these American corporations part of the axis of evil for helping him out during his time of need?” Fleischer again refuses to answer directly, saying, “I think that you have to make a distinction between chemical and biological. And, clearly, in a previous era, following the fall of the Shah of Iran, when there was a focus on the risks that were underway in the region as a result of the rise of Islamic fundamentalism in Iran, different administrations, beginning with President Carter, reached different conclusions about the level of military cooperation vis-a-vis Iraq. Obviously, Saddam Hussein since that time has used whatever material he had for the purpose therefore of attacking Kuwait, attacking Saudi Arabia, attacking Israel. And, obviously, as circumstances warrant, we have an approach that requires now the world to focus on the threat that Saddam Hussein presents and that he presents this threat because of his desire to continue to acquire weapons and his willingness to use those weapons against others.” Fleischer attempts to brush off any follow-up, refusing to admit that the US had any part in Hussein’s acquisition or use of chemical weapons, and saying, “I think that he gassed his own people as a result of his decisions to use his weapons to gas his own people.” When Mokhiber presses the point, Fleischer retorts, “… I think the suggestion that you blame America for Iraq’s actions is way beyond the pale.” [White House, 1/21/2003]
NATO denies a request from the Bush administration for military aid because many countries feel that neither the weapons inspections nor other means of diplomacy have yet been given an adequate test. The Bush administration wants permission to use NATO AWACS radar planes and Patriot air-defense batteries to protect Turkey, NATO ships in the eastern Mediterranean, as well as NATO personnel for protecting American bases in Europe and possibly the Gulf. [International Herald Tribune, 1/23/2003]
During a joint press conference, French President Jacques Chirac and German Chancellor Gerhard Schroeder announce that they intend to work together to oppose the Bush administration’s plan to invade Iraq. Schroeder says to a crowd of hundreds of French and German students in Berlin, “We are both of the opinion… that one can never accept it when it is said that war is unavoidable.” [BBC, 1/22/2003; BBC, 1/23/2003] Back in Washington, a reporter asks Secretary of Defense Donald Rumsfeld if he thinks the actions of France and Germany would leave the United States without European support. To this Rumsfeld, responds: “Now, you’re thinking of Europe as Germany and France. I don’t. I think that’s old Europe. If you look at the entire NATO Europe today, the center of gravity is shifting to the east…. Germany has been a problem, and France has been a problem…. But you look at vast numbers of other countries in Europe. They’re not with France and Germany on this, they’re with the United States.” [US Department of Defense, 1/22/2003; BBC, 1/23/2003]
CIA Deputy Director for Operations James Pavitt says he is convinced that all the intelligence the CIA had on September 11, 2001, could not have prevented the 9/11 attacks. “It was not as some have suggested, a simple matter of connecting the dots,” he claims. [Reuters, 1/23/2003]
The United Nations panel in charge of monitoring sanctions against the al-Qaeda network says it has found no evidence of collaboration between al-Qaeda and Iraq. The panel’s chairman, Michael Chandler, tells the Agence France Presse (AFP) in an interview, “We don’t have anything yet, and no one has been able to produce anything.” [Agence France-Presse, 1/22/2003] Six months later, Chandler will reaffirm this, telling the Associated Press, “Nothing has come to our notice that would indicate links between Iraq and al-Qaeda.” Abaza Hassan, a committee investigator who will also be interviewed by the news agency, will say, “It had never come to our knowledge before Powell’s speech and we never received any information from the United States for us to even follow up on.” [Associated Press, 6/27/2003]
The FBI conducts a very public search of a Miami, Florida, house belonging to Mohammed Almasri and his Saudi family. Having lived in Miami since July 2000, on September 9, 2001, they said they were returning to Saudi Arabia, hurriedly put their luggage in a van, and sped away, according to neighbors. A son named Turki Almasri was enrolled at Huffman Aviation in Venice, Florida, where hijackers Atta and Marwan Alshehhi also studied. [Washington Post, 1/23/2003; Palm Beach Post, 1/23/2003] Neighbors repeatedly called the FBI after 9/11 to report their suspicions, but the FBI only began to search the house in October 2002. The house had remained abandoned, but not sold, since they left just before 9/11. [Palm Beach Post, 1/22/2003; South Florida Sun-Sentinel, 1/22/2003; Washington Post, 1/23/2003; Palm Beach Post, 1/23/2003] The FBI returned for more thorough searches in January 2003, with some agents dressed in white biohazard suits. [Washington Post, 1/23/2003] US Representative Robert Wexler (D-FL), later says, “This scenario is screaming out one question: Where was the FBI for 15 months?” The FBI determines there is no terrorism connection, and apologizes to the family. [United Press International, 1/24/2003] An editorial notes the “ineptitude” of the FBI in not reaching family members over the telephone, as reporters were easily able to do. [Palm Beach Post, 2/1/2003]
Carolyn Wood. [Source: CBC]On January 22, 2003, Capt. Carolyn A. Wood receives a Bronze Star for “exceptional meritorious service” as the head of military intelligence interrogators at Bagram. She and her small platoon of 15 interrogators from the 519th Military Intelligence Battalion returned from Afghanistan to their base at Fort Bragg, North Carolina earlier in the month. On May 8, 2003, Wood receives her second Bronze Star. [Knight Ridder, 8/21/2004] Wood was previously in charge of the US air base at Bagram, where detainees have alleged torture and where at least two detainees died as a result of physical abuse (see November 30-December 3, 2002)
(see December 26, 2002)
(see December 5-9, 2002). Wood and her battalion will be redeployed to Iraq and handle interrogations at the Abu Ghraib prison while abuses go on there (see July 15, 2003). She will implement nearly the same interrogation rules used in Bagram (see July 15, 2003).
Sometime after Joe Turner’s presentation to IAEA scientists, US analysts collect and photograph tubes in Iraq that are “virtually identical” to the Medusa tubes made in Italy. The tubes even have a stamped logo of the rocket’s Italian manufacturer and the words, “81mm rocket.” This is reported by the Washington Post on January 24: “The quantity and specifications of the tubes—narrow, silver cylinders measuring 81 millimeters in diameter and about a meter in length—made them ill-suited to enrich uranium without extensive modification, the experts said. But they are a perfect fit for a well-documented 81mm conventional rocket program in place for two decades. Iraq imported the same aluminum tubes for rockets in the 1980s. The new tubes it tried to purchase actually bear an inscription that includes the word ‘rocket,’ according to one official who examined them.” [Washington Post, 1/24/2003; Washington Post, 8/10/2003 Sources: Unnamed US intelligence, US administration, and/or UN inspectors]
Sixteen months after the attack occurred, the American Society of Civil Engineers (ASCE) releases its Pentagon Building Performance Report on the Pentagon’s architectural response to the impact, blast, and subsequent fires caused by the Flight 77 crash on 9/11. [American Society of Civil Engineers, 1/17/2003] The report, which was finished several months earlier (see September 14, 2001-April 2002), admits “the volume of information concerning the aircraft crash… is rather limited,” but the team is able to give some details of the impact. The report reproduces the five frames of security camera footage made public in 2002 that showed the strike on the Pentagon (see March 7, 2002), seeing in them the approaching aircraft with its top about 20 feet above ground before exploding against and into the building. [Mlakar et al., 1/2003, pp. 14 ] The report notes the plane struck a construction generator and vent structure on the lawn and speculates “portions of the wings might have been separated from the fuselage before the aircraft struck the building.” [Mlakar et al., 1/2003, pp. 35-36 ] The ASCE finds that the plane hit the northern edge of Wedge One of the building—its southwest corner—which had been recently renovated, and that the plane made a 90 foot hole in the outer wall, destroying most ground floor support columns there and the limestone and brick façade between and in front of them. Aircraft debris is then reported to have passed through the building’s three outer rings E, D, and C, following the plane’s trajectory, entering the unrenovated Wedge Two towards the end of the path of destruction. [Mlakar et al., 1/2003, pp. 39 ] The report does not say what caused the much-debated hole in the wall of Ring C, which led on to an internal driveway in the middle of the building. However, in a section on the damage caused by the debris it notes, “There was a hole in the east wall of Ring C, emerging into AE drive,” and a photo of the C Ring hole is included in the report. [Mlakar et al., 1/2003, pp. 28 ]
Unilateralist comments from the Bush administration, especially
Rumsfeld’s reference to France and Germany as “old Europe,” (see January 22, 2003) further antagonize the already tense relationship between the two continents. Following these comments, France, Germany, Russia, and China reaffirm their opposition to the Bush administration’s policy toward Iraq. Washington, in turn, responds with veiled threats that countries opposing the war will have little influence in the post-Saddam Iraq. [Reuters, 1/23/2003; BBC, 1/23/2003; Irish Examiner, 1/23/2003; London Times, 1/24/2003; Washington Post, 1/24/2003; USA Today, 12/23/2003]
Criticizing Iraq’s December 2002 declaration (see December 7, 2002) to the UN, Deputy Secretary of Defense Paul Wolfowitz says in a speech before the Council on Foreign Relations: “There is no mention of Iraqi efforts to procure uranium from abroad.” [Washington Post, 8/8/2003]
The New York Times publishes an op-ed piece written by National Security Adviser Condoleezza Rice, titled, “Why We Know Iraq is Lying,” in which she writes that “Iraq has filed a false declaration to the United Nations that amounts to a 12,200-page lie,” citing among other things its failure “to account for or explain Iraq’s efforts to get uranium from abroad.” She says that Iraq has reneged on its commitment to disarm itself of its alleged arsenal of weapons of mass destruction. Instead of full cooperation and transparency, Iraq has “a high-level political commitment to maintain and conceal its weapons,” she claims. Iraq is maintaining “institutions whose sole purpose is to thwart the work of the inspectors,” she adds, asserting that the country is not allowing inspectors “immediate, unimpeded, unrestricted access” to the “facilities and people” involved in its alleged weapons program. [New York Times, 1/23/2003]
Congress imposes some limitations on the Total Information Awareness program (see March 2002; November 9, 2002). Research and development of the program would have to halt within 90 days of enactment of the bill unless the Defense Department submits a detailed report about the program. The research can also continue if Bush certifies that the report cannot be provided. Congress also okays use of the program internationally, but it cannot be used inside the US unless Congress passes new legislation specifically authorizing such use. [New York Times, 1/24/2003; Los Angeles Times, 2/19/2003] However, a bill to completely stop the program has yet to pass. [Mercury News (San Jose), 1/17/2003; Los Angeles Times, 2/19/2003] Several days earlier, Senator Charles Grassley (R-IA) alleged that the Justice Department and FBI are more extensively exploring the use of the Total Information Awareness program than they have previously acknowledged. [Associated Press, 1/21/2003; Washington Post, 1/22/2003] Contracts worth tens of millions of dollars have been signed with private companies to develop pieces of the program. [Associated Press, 2/12/2003] Salon also reports that the program “has now advanced to the point where it’s much more than a mere ‘research project’.” [Salon, 1/29/2003]
The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]
The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” [US Department of Defense, 8/23/2004 ] The document also speaks of exploiting the Arab fear of dogs. [US Department of Defense, 8/23/2004 ] Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).
Robert Walpole, the national intelligence officer for strategic and nuclear programs, sends Deputy National Security Adviser Stephen J. Hadley and other White House officials a memo saying Iraq attempted to obtain uranium from Africa. The memo, intended to help Colin Powell prepare for his presentation before the UN Security Council, provides no new evidence to support the allegation. Rather it cites the National Intelligence Estimate written last September (see October 1, 2002), even though the Africa-uranium allegation was personally disavowed by CIA Director George Tenet on October 6 (see October 6, 2002). [New York Times, 7/23/2003]
Cheney’s chief of staff, I. Lewis Libby, presents the latest draft of a paper that is meant to serve as a rebuttal to Iraq’s December 7 declaration (see February 5, 2003) to Condoleezza Rice, Stephen Hadley, Paul Wolfowitz, Karl Rove, Richard Armitage, Michael Gerson, and Karen Hughes. The paper, written with the help of John Hannah, is supposed to serve as the basis for the speech Secretary of State Colin Powell will deliver to the UN Security Council on February 5 (see February 5, 2003). In his presentation, Libby says that intercepts and human intelligence reports indicate that Saddam Hussein has been attempting to conceal items. He doesn’t know what items are being hidden by the Iraqis, but he says it must be weapons of mass destruction. He also claims that Iraq has extensive ties to al-Qaeda, and cites the alleged meeting between Mohamed Atta and an Iraqi Intelligence agent (see April 8, 2001) as one example. While Armitage is disappointed with Libby’s presentation, Wolfowitz and Rove seem impressed. Karen Hughes warns Libby not to stretch the facts. [Bamford, 2004, pp. 368; Isikoff and Corn, 2006, pp. 175]
When asked by Fox News commentator Tony Snow, “If Saddam is toppled from power, do you expect to see celebrations in the streets?” White House Chief of Staff Andrew Card replies: “I think the Iraqi people are crying out for liberation and freedom. And they’ve been denied it. They’ve been living in fear for a very long time. They’re a very industrious people, and they have an awful lot to contribute to their own society as well as to the world, and they’ve been denied that chance to do so.” Snow then asks, “So you’re not worried about after shocks in Iraq?” Card answers, “I think the Iraqi people would welcome freedom with jubilation.” [Fox News Sunday, 1/26/2003]
Al-Zarqawi’s injury report after his death in 2006. He has both legs but there is a recent fracture in one leg. [Source: Ali Haider / EPA / Corbis]On January 26, 2003, Newsweek reports that in 2002, Islamist militant leader Abu Musab al-Zarqawi “supposedly went to Baghdad, where doctors amputated his leg (injured in Afghan fighting) and replaced it with a prosthesis.” Newsweek also claims that al-Zarqawi “is supposed to be one of al-Qaeda’s top experts on chemical and biological weapons” and that he also met with “Hezbollah militants” and “Iranian secret agents.” This new account builds on previous reports claiming that al-Zarqawi was in Baghdad for some unspecified medical treatment (see October 2, 2002). The article does note, “Not surprisingly, reports putting al-Zarqawi in Iraq piqued the interest of Pentagon hard-liners eager to find evidence to support their suspicion that Saddam [Hussein] and bin Laden are allied and may have plotted 9/11 together. But neither the CIA nor Britain’s legendary MI6 put much stock in al-Zarqawi’s alleged Iraqi visits, stressing such reports are ‘unconfirmed.’” [Newsweek, 1/26/2003] Despite these caveats, it soon will be widely reported that al-Zarqawi had a leg amputated in Baghdad, with at least the tacit knowledge of the Iraqi government. For instance, several days later, USA Today reports, “To those who operate with and against the shadowy al-Zarqawi, including the Kurds of northern Iraq, he is called ‘the man with the limp.’ That is a reference to a poorly fitting artificial limb that replaced a leg amputated in Baghdad last August.” [USA Today, 2/5/2003] And Secretary of State Colin Powell will claim in his February 5, 2003 presentation to the United Nations that al-Zarqawi went to Baghdad in May 2002 for medical treatment and stayed two months (see February 5, 2003). But in October 2004, Knight Ridder will report, based on a new CIA report (see October 4, 2004), “Al-Zarqawi originally was reported to have had a leg amputated, a claim that officials now acknowledge was incorrect.” [Knight Ridder, 10/4/2004] In early 2006, al-Zarqawi will be seen walking in a videotape, clearly in possession of both his legs. And when he is killed later that year, x-rays of his dead body will show a fracture of his right lower leg, but apparently that was caused by the blast that killed him. [Atlantic Monthly, 6/8/2006; Associated Press, 6/13/2006]
When all ten members of the 9/11 Commission meet for the first time, in an informal setting, some of them are already unhappy about the way the commission is being run. Some of the Democratic members are unhappy about the selection of Republican Philip Zelikow as executive director (see Shortly Before January 27, 2003), a decision made solely by chairman Tom Kean and vice chairman Lee Hamilton. Commissioner Richard Ben-Veniste will say Zelikow’s appointment was “presented as a fait accompli.” Ben-Veniste is also alarmed by Zelikow’s links to National Security Adviser Condoleezza Rice (see 1995 and January 3, 2001), and he and fellow commissioner Max Cleland are upset about the proposed staff structure (see Around February 2003). There is to be a single staff led by Zelikow, and the commissioners will not have personal staffers, although this is usual on such commissions. Ben-Veniste proposes that each commissioner develop an expertise in a specific field, but this plan is blocked by Kean, Hamilton, and Zelikow. Kean and Hamilton also say that the commissioners can visit the commission’s offices, but cannot have a permanent presence there. Indeed, not even Kean and Hamilton will have an office in the commission’s building. Author Philip Shenon will comment: “To Ben-Veniste, the way the staff was being organized guaranteed that the commissioners’ involvement in the details of the investigation would be limited. It centralized control in Zelikow’s hands.” [Shenon, 2008, pp. 69-70]
The 9/11 Commission hires Philip Zelikow for the key position of executive director, the person actually in charge of the commission’s day-to-day affairs. Zelikow was recommended by Commissioner Slade Gorton, who had worked with Zelikow on an electoral reform commission after the disputed presidential election in 2000. Zelikow, the director of that commission, has powerful friends in Washington; even former president Jimmy Carter praises him. However, according to author Philip Shenon, the staff on the electoral reform commission think he is “arrogant and secretive,” and believe his success as commission director rested on “his ability to serve the needs—and stroke the egos” of the commissioners.
Plans for Commission - Zelikow impresses commission Chairman Tom Kean by saying that he wants the panel’s final report to be written for the general public, in a more readable style than most government documents. After about 20 candidates have been considered, Kean decides that Zelikow is the best choice for the position.
Conflict of Interests - Zelikow has a conflict of interests, as he co-authored a book with National Security Adviser Condoleezza Rice (see 1995) and also served on a special White House intelligence advisory board. Both these facts are listed on his résumé. Zelikow will say that he also mentioned his work with Rice, whom he served on the Bush administration transition team (see January 2001), to Kean and Vice-chairman Lee Hamilton in telephone conversations with them. However, Kean will later say he “wasn’t sure” if he knew of Zelikow’s work on the transition team at the time he was hired, and Hamilton will say that he thought he knew Zelikow had worked on the transition, but did not know the details of what he did. White House Chief of Staff Andrew Card will be extremely surprised by Zelikow’s appointment, because of his personality and the conflicts of interest, or at least the appearance of them.
Omissions from Press Release - Zelikow’s hiring is announced in a press release issued on January 27. Shenon will later point out that the release, written based on information provided by Zelikow and reviewed by him before publication, is “notable for what it did not say.” It does not mention his work for the National Security Council in the 1980s, the book with Rice, his role on the White House transition team, or the fact he has just written a policy paper that is going to be used to justify the invasion of Iraq (see September 20, 2002). In fact, the Bush administration transition team had downgraded the position of counterterrorism “tsar” Richard Clarke, and Zelikow had played a key role in this decision (see January 3, 2001). [Shenon, 2008, pp. 58-62, 65-67]
Robert G. Joseph, director for nonproliferation at the National Security Council. [Source: CBC]Embarrassed and angered by CIA Director George Tenet’s refusal to support the use of the Iraq-Niger uranium claim in President Bush’s upcoming State of the Union speech (see October 5, 2002, October 6, 2002, January 27, 2003, and 9:01 pm January 28, 2003), the White House decides to go behind Tenet’s back to get CIA approval for publicly citing the claim in the speech. Robert Joseph, director for nonproliferation at the National Security Council (NSC), telephones Alan Foley, director of the CIA’s Weapons Intelligence, Nonproliferation, and Arms Control Center (WINPAC), and mentions plans to include the Africa-uranium claim in Bush’s upcoming State of the Union address. When Foley warns that the allegation has little evidence to support it, Joseph instead suggests including a statement about the British learning that Iraq was seeking uranium in Africa, leaving out the bit about Niger and the exact quantity of uranium that was allegedly sought. [Washington Post, 7/17/2003; New York Times, 7/17/2003; Time, 7/21/2003; Washington Post, 7/27/2003; Unger, 2007, pp. 273-274] Foley apparently has no qualms about putting his bureau’s stamp of approval on the claim, having already told his staff, “If the president wants to go to war, our job is to find the intelligence to allow him to do so.” Foley rationalizes that if Bush attributes the claim to British intelligence, he can make it without having to worry whether it is actually true. The fact that the CIA has repeatedly labeled the British reports as untrustworthy does not stop Foley from vetting the claim. [Unger, 2007, pp. 273-274] Joseph will claim he does not recall the discussion, and White House communications director Dan Bartlett will call Foley’s version of events a “conspiracy theory.” [Washington Post, 7/27/2003]
Secretary of State Colin Powell, in a speech before the World Economic Forum in Davos, Switzerland, asks, “Why is Iraq still trying to procure uranium and the special equipment needed to transform it into material for nuclear weapons?” [Washington Post, 8/8/2003] Author Craig Unger will later write, “In referring to the Niger deal (see Between Late 2000 and September 11, 2001) and the aluminum tubes (see Between April 2001 and September 2002), Powell was actually betraying his own State Department analysts who had rejected these two key pieces of ‘evidence’ against Saddam” Hussein (see March 1, 2002, March 4, 2002, and January 12, 2003). [Unger, 2007, pp. 276]
Aventis announces that the FDA has again declined to approve the company’s antibiotic drug Ketek, citing the need for additional analyses and information pertaining to Study 3014 (see October 2001-Fall 2002). [Aventis, 1/27/2003]
UNMOVIC Chief Weapons Inspector Hans Blix and IAEA Chief Weapons
Inspector Mohamed ElBaradei present their long anticipated reports on the progress of weapons inspections to the UN Security Council. Blix’s assessment is notably more critical than the IAEA report by Mohamed ElBaradei. Blix tells the UN Security Council that while the Iraqi government has passively cooperated with the weapons inspectors, it could do more. “Unlike South Africa, which decided on its own to eliminate its nuclear weapons and welcomed inspection as a means of creating confidence in its disarmament, Iraq appears not to have come to a genuine acceptance—not even today—of the disarmament, which was demanded of it and which it needs to carry out to win the confidence of the world and to live in peace.” Additionally, Blix reports that it is still too early to determine whether or not Iraq has or is developing weapons of mass destruction, noting that Iraq has still not answered several questions concerning unaccounted for weapons. [United Nations, 1/27/2003; New York Times, 1/27/2003; Washington Post, 1/28/2003; London Times, 1/28/2003; New York Times, 1/28/2003]
Hans Blix's report -
Iraq has refused to permit overflights by American U2 surveillance planes. Iraq said that it would allow the overflights only if the UN promised to demand an end to the almost daily bombings by US and British war planes in the so-called “no-fly” zones. Iraq worries that if fighter jets and U2 planes are flying over Iraq at the same time, Iraq might inadvertently shoot at the surveillance planes, thinking they are fighter jets. [United Nations, 1/27/2003]
Iraq has not provided an adequate declaration of its prior production of nerve agent VX. [United Nations, 1/27/2003]
Inspectors have found a “laboratory quantity” of thiodiglycol, a precursor of mustard gas. [United Nations, 1/27/2003]
1,000 tons of chemical agents from the Iraq-Iran War remain unaccounted for. [United Nations, 1/27/2003]
6,500 missing chemical rockets remain unaccounted for. [United Nations, 1/27/2003]
Iraq has not provided evidence to substantiate its claim that it destroyed 8,500 liters of anthrax [United Nations, 1/27/2003]
650kg of bacterial growth media remain unaccounted for. [United Nations, 1/27/2003]
Iraq has been developing Al Samoud 2 and Al Fatah missiles with a range beyond the 150km limit. [United Nations, 1/27/2003]
380 rocket engines were smuggled into Iraq the previous month with chemicals used for missile propellants and control systems. [United Nations, 1/27/2003]
Iraq had provided the names of only 400 of the estimated 3,500 Iraqi scientists. [United Nations, 1/27/2003] Iraqi scientists are refusing private interviews with UN inspectors. [United Nations, 1/27/2003]
ElBaradei's report to the UN -
The International Atomic Energy Agency’s inspection team has failed to uncover any evidence implicating Saddam’s regime in the development of nuclear weapons. He tells the Council: “We have to date found no evidence that Iraq has revived its nuclear weapon program since the elimination of the program in the 1990’s.… No prohibited nuclear activities have been identified during these inspections.” [United Nations, 1/27/2003 ]
The International Atomic Energy Agency’s inspection team is close to completing weapons inspections in Iraq. He says: “We should be able within the next few months to provide credible assurance that Iraq has no nuclear weapons program. These few months would be a valuable investment in peace because they could help us avoid war.” He adds: “[T]he presence of international inspectors in Iraq today continues to serve as an effective deterrent to and insurance against the
resumption” of secret weapons programs. [United Nations, 1/27/2003 ]
The aluminum tubes that Iraq attempted to import were not related to uranium enrichment. ElBaradei states: “IAEA inspectors have inspected the relevant rocket production and storage sites, taken tube samples, interviewed relevant Iraqi personnel, and reviewed procurement contracts and related documents. From our analysis to date it appears that the aluminum tubes would be consistent with the purpose stated by Iraq and, unless modified, would not be suitable for manufacturing centrifuges….” [United Nations, 1/27/2003 ]
The IAEA is investigating concerns that Iraq has attempted to obtain magnets that could be used in a gas centrifuge program. “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements’ . Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” [United Nations, 1/27/2003 ]
Response - Responses to the two presentations are predictable. The US and Britain see no hope for Iraqi cooperation and peaceful disarmament, whereas other nations feel Blix and ElBaradei’s reports demonstrate that the inspections are working and that the use of military force is not necessary. [New York Times, 1/27/2003; Reuters, 1/27/2003; London Times, 1/28/2003]
President Bush receives a letter signed by more than 120 members of the House of Representatives urging him “to use the opportunity provided in the upcoming State of the Union Address to offer assurances both to the American people and the international community that the United States remains committed to the diplomatic approach and comprehensive inspections process agreed to in the UN Security Council.” The letter is written by Representatives Sherrod Brown (D-OH) and Ron Kind (D-WI). In it they argue that Bush should “sufficiently weigh future decisions regarding Iraq on the assessment given by UNMOVIC/IAEA, including additional inspection time and resources as appropriate.” The letter emphasizes: “Your commitment to working through the UN Security Council and your vocal support for Resolution 1441 are critical to UNMOVIC/IAEA’s eventual success.” The anti-war organization, Moveon.org, playss a large role in influencing the representatives’ decision to sign the letter. The group had helped coordinate hundreds of visits by concerned citizens to the offices of their congresspersons demanding that they sign the letter. [Brown et al., 1/24/2003]
The EPA Office of Inspector General (OIG) completes an interim report on the EPA’s response to the environmental disaster ensuing from the collapse and burning of the World Trade Center towers. [BNA Daily Environment Report, 3/20/2003] The EPA OIG’s final report will be released in August 2003 (see August 21, 2003).
Counterterrorism “tsar” Richard Clarke is extremely surprised when he learns the 9/11 Commission has hired Philip Zelikow as its executive director (see Shortly Before January 27, 2003). According to author Philip Shenon, he says aloud, “The fix is in,” and wonders why anybody would have hired a friend of National Security Adviser Condoleezza Rice to investigate her, amongst others. Clarke had previously thought that the 9/11 Commission might get to the truth of how President George Bush and Rice had ignored the intelligence in the run-up to 9/11, but Zelikow’s appointment dashes these hopes. Shenon will describe Clarke’s reaction as: “[T]here [is] no hope that the Commission would carry out an impartial investigation of the Bush administration’s bungling of terrorist threats in the months before September 11. Could anyone have a more obvious conflict of interest than Zelikow?” Clarke, who dislikes Zelikow personally, wonders whether he has told the commissioners that he was one of the architects of Clarke’s demotion at the start of the Bush administration (see January 3, 2001). He is certain that Zelikow will not want a proper investigation of the transition to the Bush administration, as he was such a central part of it. [Shenon, 2008, pp. 63-65]
The 9/11 Commission, officially titled the National Commission on Terrorist Attacks Upon the United States, holds its first meeting in Washington. The commission has $3 million and only a year and a half to explore the causes of the attacks. By comparison, a 1996 federal commission to study legalized gambling was given two years and $5 million. [Associated Press, 1/27/2003] Two months later the Bush administration grudgingly increases the funding to $12 million total (see March 26, 2003). [Associated Press, 1/27/2003] A few days later, Vice Chairman Lee Hamilton says, “The focus of the commission will be on the future. We want to make recommendations that will make the American people more secure.… We’re not interested in trying to assess blame, we do not consider that part of the commission’s responsibility.” [United Press International, 2/6/2003]
At its first formal meeting, the 9/11 Commission decides it will not routinely issue subpoenas for the documents it wants from other agencies.
Different Opinions - There is some debate on the matter. Commissioner Jamie Gorelick argues that the Commission should issue subpoenas for all requests it makes to the administration for documents or other information, saying that a subpoena is simply evidence of the Commission’s determination to get what it needs. She also worries that if the Commission waits to issue subpoenas, the time limit on its activities will mean that a late subpoena could not be enforced. However, she is only supported by the other three ordinary Democratic commissioners, with the top Democrat on the Commission, Vice Chairman Lee Hamilton, siding with the Republicans.
Decision Already Taken - Author Philip Shenon will write: “But [Chairman Tom] Kean and Hamilton had already made up their mind on this issue, too. There would be no routine subpoenas, they decreed; subpoenas would be seen as too confrontational, perhaps choking off cooperation from the Bush administration from the very start of the investigation.” The four Democratic commissioners cannot issue a subpoena by themselves, as it requires the approval of either six of the 10 commissioners, or both Kean and Hamilton. This is not the only occasion on which Hamilton’s Republican leanings become apparent (see March 2003-July 2004). [Shenon, 2008, pp. 70-71]
Staffer Critical - John Farmer, leader of the Commission’s team investigating events on the day of the attacks, will be critical of the decision and will urge Kean and Hamilton to change their minds. If subpoenas are issued at the start, the Commission will have time to enforce them in court and the agencies “would know that they couldn’t run out the clock,” whereas if subpoenas were issued later, after non-compliance with document requests, the agencies could use such tactics. [Shenon, 2008, pp. 201]
Difficulties with Receiving Documents - As a result of this policy, the Commission will have trouble getting documents from the White House (see June 2003), Defense Department (see July 7, 2003), FAA (see November 6, 2003), and CIA (see October 2003), leading to delays in its investigation.
At a National Security Council meeting, CIA Director George Tenet is given a hard copy of President Bush’s State of the Union address, to be given the next evening (see 9:01 pm January 28, 2003), containing a direct assertion that Iraq attempted to purchase uranium from Niger for nuclear weapons (see October 6, 2002). The story of what happens next is murky. Tenet apparently does not read the speech, but sends a copy, via an assistant, to his Deputy Director of Intelligence, Jami Miscik (see January 10, 2003). But, the Senate Intelligence Committee will later report, no one in Miscik’s office recalls ever receiving the speech or if anyone was ever assigned to review it. Some find this story unbelievable: a State of the Union speech calling for war going unread and misplaced is hard to countenance. “It is inconceivable to me that George Tenet didn’t read that speech,” former CIA officer Milt Bearden will later say. “At that point, he was effectively no longer DCI [director of the CIA]. He was part of that [Bush-Cheney] cabal, and no longer able to carry an honest message.” A former intelligence officer close to Tenet will dispute Bearden’s characterization, and insist that Tenet knew nothing of the Niger uranium allegations included in the speech. “Had he been aware,” the official will state, “he would have vigorously tried to have it removed.” [Unger, 2007, pp. 269]
A secret CIA report on possible links between al-Qaeda and Saddam Hussein’s Iraqi government is finished and sent to top US officials. The report, entitled “Iraqi Support of Terrorism,” was substantially finished by December 2002, but was delayed while other US officials put pressure on the CIA to withdraw or revise the report, because it did not find as much evidence of a Hussein-al-Qaeda link as they would have liked. In a 2007 book, former CIA Director George Tenet will describe in detail what was in the report. “Our analysts believed that there was a solid basis for identifying three areas of concern with regard to Iraq and al-Qaeda: safe haven, contacts, and training. But they could not translate this data into a relationship where these two entities had ever moved beyond seeking ways to take advantage of each other.… Ansar al-Islam, a radical Kurdish Islamic group [based in northern Iraq areas out of Iraqi government control], was closely allied to al-Qaeda.… We believed that up to two hundred al-Qaeda fighters began to relocate [to Ansar al-Islam] camps after the Afghan campaign began in the fall of 2001.” He says that one of their camps near the town of Khurmal linked to militant leader Abu Musab al-Zarqawi “engaged in production and training in the use of low-level poisons such as cyanide.” He says that nearly 100 operatives in Western Europe connected to this camp were arrested, but, “What was even more worrisome was that by the spring and summer of 2002, more than a dozen al-Qaeda-affiliated extremists converged on Baghdad, with apparently no harassment on the part of the Iraqi government. They had found a comfortable and secure environment in which they moved people and supplies to support al-Zarqawi’s operations in northeastern Iraq.” He mentions Thirwat Salah Shehata and Yussef Dardiri, considered to be among Islamic Jihad’s best operational planners, as those in Baghdad at the time, and that “Credible information told us that Shehata was willing to strike US, Israeli, and Egyptian targets sometime in the future.” He concludes, “Do we know just how aware Iraqi authorities were of these terrorists’ presence either in Baghdad or northeastern Iraq? No, but from an intelligence point of view it would have been difficult to conclude that the Iraqi intelligence service was not aware of their activities. Certainly, we believe that at least one senior [Ansar al-Islam] operative maintained some sort of liaison relationship with the Iraqis. But operational direction and control? No.” [Tenet, 2007, pp. 349-351] It is not clear from Tenet’s book just how much of the above description is of what the CIA believed at the time and how much is what Tenet still believed to be true in 2007. Some of Tenet’s claims from his book appear overblown, such as the danger of poison production in the Khurmal camp (see March 31, 2003).
A new CIA report in 2005 (ignored in Tenet’s book) will conclude that Hussein’s government “did not have a relationship, harbor, or even turn a blind eye toward al-Zarqawi and his associates” (see October 2005). [New York Times, 9/8/2006] In 2006, a bipartisan US Senate report on “Pre-war Intelligence on Iraq” will note that “detainees that originally reported on [links between Ansar al-Islam and Iraqi intelligence] have recanted, and another detainee, in September 2003, was deemed to have insufficient access and level of detail to substantiate his claims.” The report will conclude, “Postwar information reveals that Baghdad viewed Ansar al-Islam as a threat to the regime and that [Iraqi intelligence] attempted to collect intelligence on the group.” [US Senate and Intelligence Committee, 9/8/2006 ]
Knight Ridder Newspapers reports: “US officials and private analysts said Bush’s suggestion that Iraqi leader Saddam Hussein might give such weapons to terrorists—and the implication that the risk of American retaliation can no longer deter him—stretches the analysis of US intelligence agencies to, and perhaps beyond, the limit.” The newspaper’s sources also say that “there was no evidence that Iraq and al-Qaeda had cooperated on terrorist operations and no evidence of any Iraqi role in the Sept. 11 attacks.” [Knight Ridder, 1/28/2003 Sources: Unnamed US official]
President Bush says in his State of the Union address: “[M]ore than 3,000 suspected terrorists have been arrested in many countries. Many others have met a different fate. Put it this way, they’re no longer a problem to the United States and our friends and allies.” [US President, 2/3/2003]
US Secretary of State Colin Powell tells reporters after the UN inspectors’ January 27 interim report: “The inspectors have also told us that they have evidence that Iraq has moved or hidden items at sites just prior to inspection visits. That’s what the inspectors say, not what Americans say, not what American intelligence says; but we certainly corroborate all of that. But this is information from the inspectors.” [Associated Press, 1/27/2003] But Hans Blix, the chief UNMOVIC weapons inspector, tells the New York Times a few days later that UN weapons inspectors had experienced no such incidents. [New York Times, 1/31/2003]
President Bush delivers his State of the Union address and describes his rollbacks as environmental protections. He talks about his “Healthy Forest Initiative” (see May 21, 2003) and the issues of energy independence and air pollution, stressing his administration’s disfavor with “command-and-control regulations.” Bush does not mention the issue of clean water. [Natural Resources Defense Council, 1/28/2003; US President, 2/3/2003]
Following the 9/11 Commission’s first formal meeting, Democratic commissioner Max Cleland is unhappy with the state of the inquiry. Specifically, he dislikes the facts that the Commission will not issue subpoenas for the documents it wants (see January 27, 2003) and will have a single non-partisan staff headed by executive director Philip Zelikow, who is close to National Security Adviser Condoleezza Rice (see Shortly Before January 27, 2003). In addition, he is disappointed by the resignations of Henry Kissinger (see December 13, 2002) and George Mitchell (see December 11, 2002). Although Kissinger is a Republican, Cleland had believed that “with Kissinger… we were going to get somewhere,” because: “This is Henry Kissinger. He’s the big dog.” Kissinger’s replacement Tom Kean has no experience in Washington and Cleland thinks he is “not going to be the world’s greatest tiger in asking a difficult question.” Cleland respects Mitchell’s replacement Lee Hamilton, but knows that he has a reputation for a non-confrontational style of politics, the reason he was initially passed over for the position of vice chairman of the Commission (see Before November 27, 2002). [Shenon, 2008, pp. 71-72]
Retired General Norman Schwarzkopf, the commander of US forces during the 1991 Gulf War (see January 16, 1991 and After), says he is worried about the “cockiness” of the US war plans for Iraq. Schwarzkopf has already warned that the US must forge broader multinational alliances if it plans to invade and occupy Iraq with any reasonable expectation of success (see August 18, 2002). He adds that his active-duty friends are preoccupied by “the Rumsfeld thing,” the perception that Defense Secretary Donald Rumsfeld has little regard for their judgment. [Roberts, 2008, pp. 141]
A White House report to Congress titled “A report on matters relevant to the authorization for use of military force against Iraq,” complains that Iraq did not report in its December 2002 declaration (see December 7, 2002) to the UN that it had attempted “to acquire uranium and the means to enrich it.” [US President, 1/28/2003 ; Washington Post, 8/8/2003]
Tyler Drumheller, the CIA’s chief of European operations, is “dumbfounded,” in author Craig Unger’s words, at the claims President Bush makes in his State of the Union speech (see 9:01 pm January 28, 2003). Bush and the CIA top brass had ignored Drumheller’s warnings that the intelligence about Iraq’s mobile biological laboratories is weak (see December 18-20, 2002), but Bush made the claim anyway. Just as bad, Bush made a direct reference to the long-disproven Iraq-Niger uranium deal (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The White House decided to justify the uranium claim by attributing it to Britain. Unger will write, “Not only had the president of the United States taken a statement that many in the administration knew to be a lie and used it as a cause for war, he had taken the cowardly way out and attributed it to a third party.” [Unger, 2007, pp. 273-274]
Former ambassador Joseph Wilson, who went to Niger almost a year ago to determine the truth or falsehood of the story that Iraq attempted to secure 500 tons of uranium from Niger (see February 21, 2002-March 4, 2002), and his wife, CIA case officer and WMD specialist Valerie Plame Wilson, both watch President Bush’s State of the Union address (see 9:01 pm January 28, 2003). According to Plame Wilson’s 2007 book Fair Game, Wilson watches from a Canadian television studio, brought there to comment on the address immediately afterwards. His wife watches from their Washington, DC, home. Plame Wilson will recall being dumbstruck at Bush’s “16 words” claim that British intelligence had found a clandestine attempt by Iraq to purchase uranium from an African nation. She will write: “What? Had I heard him correctly? Hadn’t Joe’s report on his trip to Niger nearly a year ago (see March 4-5, 2002 and March 5, 2002), distributed throughout the intelligence community, including presumably the vice president’s office, proved the emptiness of these charges?” When Wilson returns home, he and his wife, according to Plame Wilson’s recollection, “briefly discussed what we thought the president’s claim could have meant. It seemed so odd.” The next day, Wilson asks a friend at the State Department about the claim, and notes that Bush’s assertion is not borne out by the facts. If Bush had indeed referred to Niger in the speech, then his report, along with those of the US Ambassador to Niger and General Carlton Fulford (see February 24, 2002), “had all been wrong. Or had the president misspoken? In that case, the record needed to be corrected.” Wilson’s friend replies that Bush may have been speaking of one of the other African countries that produce uranium—Gabon, South Africa, or Namibia. Wilson accepts the explanation for the time being. As a side note, Plame Wilson adds at this point in her book, “Several years later, the assistant secretary of state for African affairs told Joe, ‘You don’t think that if we had seen the State of the Union address before it was delivered, that we would have allowed that phrase to remain in it, do you?” [New York Times, 7/6/2003; Wilson, 2004, pp. 313-314; Wilson, 2007, pp. 125-126]
Iraqi bomb allegedly containing botulism toxin. [Source: CIA]President Bush gives his State of the Union address to a joint session of Congress, making several false allegations about Iraq. [US President, 2/3/2003] An empty seat is left open to symbolize the lives lost during the 9/11 attacks. Author Craig Unger will later characterize Bush’s delivery as somber and effective. He will be interrupted some 70 times by thunderous applause from the assembled lawmakers in the House chambers. One of his biggest applause lines is his statement about the US’s war on “international terrorism:” “The war goes on, and we are winning.” [Unger, 2007, pp. 269-270]
African Uranium - He says: “The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa. Saddam Hussein has not credibly explained these activities.… He clearly has much to hide.” [US President, 2/3/2003; White House, 4/18/2003; Independent, 6/5/2003] The British allegation cited by Bush concerns a SISMI (Italy’s military intelligence) report (see Mid-October 2001) based on a set of forged documents. Months after the speech, with evidence mounting that the statement was completely false, the administration will retract this claim (see 3:09 p.m. July 11, 2003).
Aluminum Tubes - Bush alleges that a shipment of aluminum tubes imported by Iraq was intended to be used in the country’s alleged nuclear weapons program. “Our intelligence sources tell us that he has attempted to purchase high-strength aluminum tubes suitable for nuclear weapons production. Saddam Hussein has not credibly explained these activities. He clearly has much to hide.” [US President, 2/3/2003]
Biological Agents - Bush lists a parade of agents: “anthrax, botulinum toxin, Ebola, and plague,” many of which Iraq has never been accused of possessing, and warns against “outlaw regimes that seek and possess nuclear, chemical, and builogical weapons… blackmail, terror, and mass murder.” He then moves from the general to the specific, accusing Iraq of having enough material “to produce over 25,000 liters of anthrax—enough doses to kill several million people… more than 38,000 liters of botulinum toxin—enough to subject millions of people to death by respiratory failure… as much as 500 tons of sarin, mustard and VX nerve agent.” [US President, 2/3/2003; Unger, 2007, pp. 270-271]
False Testimony from Iraqi Scientists - Bush alleges: “Iraqi intelligence officers are posing as the scientists inspectors are supposed to interview. Real scientists have been coached by Iraqi officials on what to say.” [US President, 2/3/2003] But Hans Blix, the chief UNMOVIC weapons inspector, tells the New York Times in an interview that he knows of no evidence supporting this claim. [New York Times, 1/31/2003]
Defector Allegations - Bush, citing intelligence provided by “three Iraqi defectors,” says, “We know that Iraq, in the late 1990s, had several mobile weapons labs… designed to produce germ warfare agents and can be moved from place to a place to evade inspectors.” One of the defectors referred to by Bush is ‘Curveball,’ whom the CIA station chief in Germany warned was not reliable the day before (see January 27, 2003). German intelligence officials watching Bush’s speech are “shocked.” One official later recalls: “Mein Gott! We had always told them it was not proven.… It was not hard intelligence.” [Los Angeles Times, 11/20/2005] Another source for the claim was Mohammad Harith, whom the Defense Intelligence Agency had labeled a “fabricator” the previous May (see May 2002).
Torture, Murder, and 9/11 - Bush accuses Iraqi dictator Saddam Hussein of routinely torturing his own people, using such techniques as “electric shock, burning with hot irons, dripping acid on the skin, mutilation with electric drills, cutting out tongues, and rape.” He then connects Hussein, the torturer, murderer, and terrorist supporter, to the 9/11 attacks, saying: “[I]magine those 19 hijackers with other weapons and other plans—this time armed by Saddam Hussein. It would take one vial, one canister, one crate slipped into this country to bring a day of horror like none we have ever known.” He invites “all free nations” to join him in ensuring no such attack ever happens, but notes that “the course of this nation does not depend on the decisions of others.” After another long burst of applause, Bush continues, “Whatever action is required, whatever action is necessary, I will defend the freedom and security of the American people.” [Unger, 2007, pp. 270-271]
'Direct Personal Threat' - Bush states what former ambassador Joseph Wilson later writes can only be interpreted by Hussein “as a direct personal threat,” saying: “Tonight I have a message for the brave and oppressed people of Iraq: Your enemy is not surrounding your country, your enemy is ruling your country. And the day he and his regime are removed from power will be the day of your liberation.” Wilson will later write: “Not simply promising the disarmament of Iraq as he had in his recent speeches, the president now stated outright his intention to rout Saddam from power, and to kill or capture him. It was an unwise thing to say. It made whatever strategy we adopted for Iraq that much more dangerous because it so blatantly telegraphed our next move and our ultimate goal.” [US President, 2/3/2003; Wilson, 2004, pp. 315]
Defending America - To America’s soldiers, he says: “Many of you are assembling in or near the Middle East, and some crucial hours lay ahead. In these hours, the success of our cause will depend on you. Your training has prepared you. Your honor will guide you. You believe in America, and America believes in you.” In 2007, Unger will write: “A few years earlier, Bush had confided that he thought to be a great president meant being a great commander in chief. Now George W. Bush was leading his nation into war.” [Unger, 2007, pp. 270-271]
French officials are shocked by the claims Bush made in his state of the union speech (see 9:01 pm January 28, 2003) concerning Iraqi attempts to obtain uranium from Africa. One government official will later recall in an interview with the Los Angeles Times that French experts considered Bush’s claim, which he attributed to the British, as “totally crazy because, in our view, there was no backup for this.” Notwithstanding, the French launch another investigation (see Late April or Early May 2002-June 2002) and again, find no evidence supporting the US and British claim. [Los Angeles Times, 12/11/2005]
Former Ambassador Joseph Wilson attempts to contact the White House through his contacts in the State Department and Senate with the message that it needs to correct the record on Iraq, specifically the allegation Bush recently made that Iraq sought uranium from Africa (see 9:01 pm January 28, 2003). Wilson had been sent to Niger nearly a year before by the CIA to investigate these claims (see February 21, 2002-March 4, 2002). Both he and the current US ambassador in Niger confirmed that the country’s uranium supplies were under the complete control of a French consortium and that it would have been impossible for Niger to divert uranium to Iraq. Wilson also tells his contacts about General Carlton W. Fulford Jr’s trip (see February 24, 2002) to Niger. On that trip the four-star Marine Corps general had similarly reported to Washington that the purported uranium deal was probably not true. [Isikoff and Corn, 2006, pp. 174] The White House refuses to communicate with Wilson. The only message he receives is one from National Security Adviser Condoleezza Rice saying that he can state his case in writing in a public forum. [Truthout (.org), 1/23/2007]
Tyler Drumheller, head of CIA spying in Europe, reviews a classified draft of the speech Secretary of State Colin Powell will be delivering to the UN Security Council on February 5. He is surprised to see the allegation that according to an unnamed “chemical engineer,” Iraq has mobile biological weapons factories. Drumheller recognizes the description of the source as that of Curveball, an Iraqi defector living in Germany who is suspected of being a fabricator. Only a few days before, CIA’s Berlin station chief warned CIA headquarters that Curveball’s statements could not be verified (see January 27, 2003). Drumheller takes his pen and crosses out the entire paragraph referring to Curveball, and then calls CIA Deputy Director John E. McLaughlin who meets with him immediately. McLaughlin, concerned, admits that Curveball is the CIA’s “only tangible source” for the story. “This is the heart of the case,” he says to the surprise of Drumheller. [Risen, 2006; Washington Post, 6/25/2006] Drumheller recalls, “And John said, ‘Oh my, I hope not. You know this is all we have,’ and I said, ‘This can’t be all we have.’ I said, ‘There must be another, there must be something else.’ And he said, ‘No, this is really the only tangible thing we have.’” [ABC News, 3/13/2007] According to Drumheller, McLaughlin says he will take care of the issue. McLaughlin later says he does not recall the meeting, but the final report of the Silberman-Robb commission cites e-mails and interviews with other CIA officials who back Drumheller’s account. [Risen, 2006; Washington Post, 6/25/2006] Despite the warning, the claim remains in Powell’s speech (see February 5, 2003).
Defense Secretary Donald Rumsfeld says at a press conference that Saddam Hussein’s “regime has the design for a nuclear weapon; it was working on several different methods of enriching uranium, and recently was discovered seeking significant quantities of uranium from Africa.” [Washington Post, 8/8/2003]
US Secretary of State Colin Powell reluctantly accepts the task of making the administration’s case for war to the United Nations Security Council. He assigns his close friend and chief of staff Larry Wilkerson to go to the CIA and put together a team to craft a presentation. Though Powell has long harbored deep misgivings about the war, in public he has consistently and staunchly promoted the war, even when it came to repeating claims he knew to be false (see January 23, 2008). Powell also gives Wilkerson a 48-page report from the White House on Iraq’s alleged arsenal of banned weapons. The report is meant to serve as the basis for Powell’s upcoming speech to the UN (see February 5, 2003). Powell, skeptical of the report’s data, instructs Wilkerson to have it looked over by the CIA. The dossier was written primarily by two senior aides to Vice President Cheney, John Hannah and I. Lewis Libby (see January 25, 2003). [Bamford, 2004, pp. 368; Vanity Fair, 5/2004, pp. 281; Unger, 2007, pp. 275] The analysts at CIA will quickly determine that the documents are based on unreliable sources (see January 30-February 4, 2003). Speculation is already rampant throughout the State Department and among well-informed observers as to why Powell became such a reliable spokesman for the administration’s war plans. A State Department official will echo the opinion of others in saying that Powell is “completely aware of the machinations going on,” but wants to avoid any sort of public dispute among top White House officials—and Powell wants to keep relations with Vice President Dick Cheney on an even keel. Author Craig Unger will later note, “Regardless of what he really believed, Powell ultimately accommodated the White House to such an extent that he became the most articulate spokesman for the war effort” (see January 26, 2003). [Unger, 2007, pp. 275]
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