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Iraq agrees to destroy all the equipment associated with its Al Samoud missile program, including warheads, SA-2 missile engines, machinery to produce missile motors, fuel, launchers, testing equipment, components as well as all software and documentation. The UN had earlier concluded that the missile program was in violation of UN resolutions because the range of the missiles exceeds the 150km limit imposed in 1991 after the Gulf War (see February 12, 2003). Responding to news of Iraq’s decision, White House Press Secretary Ari Fleischer dismisses any suggestion that it is an example of Iraqi cooperation. Instead he describes it as “deception.” He says, “This is the deception the president predicted. We do expect that they will destroy at least some of their missiles.” He also says that Iraq’s actions constitute “propaganda, wrapped in a lie, inside a falsehood.” And Donald Rumsfeld offers a similar interpretation of Iraq’s actions. He says: “I don’t see a change in the pattern at all. You know, this is exactly what’s been going to for years…. They refuse to cooperate, don’t cooperate, drag it out, wait until someone finally nails them with one little piece of the whole puzzle and refuse to do anything about it and then finally when they see the pressure building, they say well, maybe we’ll do some of that.” Bush similarly states: “The discussion about these rockets is part of [Saddam’s] campaign of deception. See, he’ll say, ‘I’m not going to destroy the rockets,’ and then he’ll have a change of mind this weekend and destroy the rockets and say, ‘I’ve disarmed.’” And Powell says: “I think it’s just more indication of the reality that we have been trying to convey to the world, that Saddam Hussein is trying to string it out, trying to divert attention, trying to pretend he is cooperating when he is not cooperating, try[ing] to use process as an excuse for not cooperating and not complying with the will of the international community.” [BBC, 1/28/2003; Associated Press, 2/28/2003; Fox News, 2/28/2003; New York Times, 3/1/2003]
Army-issue chemical and biological protective gear. [Source: Approved Gas Masks (.com)]Defense Secretary Donald Rumsfeld responds to a request from House member Jan Schakowsky (D-IL) to certify to Congress that US troops going to Iraq “have the minimum required levels of chem/bio protective equipment” as established by the Pentagon, even as Army units are selling the same equipment on eBay (see Early March 2003). Rumsfeld says that he cannot make such a certification. [Carter, 2004, pp. 58-61] The General Accounting Office has reported that up to 250,000 chem/bio suits are defective. Furthermore, the GAO reported that the Army has been aware of the problem since 1996. When asked by House member Dennis Kucinich (D-OH) about the deficiency in late 2002, Defense Department Inspector General Joseph Schmitz replied, “There is no such thing as perfect safety in warfare.” [United Press International, 10/1/2002]
Jerry Bruckheimer. [Source: Thomas Robinson / Getty Images / Forbes]ABC airs the first of a six-episode reality series entitled Profiles from the Front Line, which purports to document the war in Afghanistan from the soldiers’ point of view. It was conceived and produced with the extensive help and oversight of the Pentagon. [Chicago Tribune, 2/26/2003] Filming for the show began in May 2002. [Los Angeles Times, 2/6/2003] ABC executives say that the show will tell the “compelling personal stories of the US military men and women who bear the burden of the fighting” in Afghanistan. The series was quickly approved by Victoria Clarke, the head of the Pentagon’s public relations office (see Early 2002 and Beyond), and by Rear Admiral Craig Quigley, the public relations commander of US Central Command. Clarke and Quigley granted the series producers unprecedented access to the troops, technical advice, and even the use of aircraft carriers for filming. In return, the Pentagon received the right to review and approve all footage before airing (in the interests of national security, Pentagon officials said). [Rich, 2006, pp. 32-33] The Pentagon denies that it asked for any changes in the series’ broadcast footage. [Washington Post, 3/9/2003]
Producers Insist Show Not Propaganda, No Censorship from Pentagon - Though the show is widely considered to be tied in to the Bush administration’s push for war with Iraq (some question the fact that the show was shelved for months before suddenly being approved just as news of the impending invasion began hitting the news), series producer Bertram van Munster says he came up with the idea after 9/11. “We were all kind of numb, I certainly was extremely numb for two or three weeks,” he will recall. “And I said I’ve got to do something.” Van Munster and his co-producer, famed movie and television producer Jerry Bruckheimer (an acknowledged Bush supporter best known for his action-film blockbusters such as Top Gun, Black Hawk Down, and Pearl Harbor, as well as the CSI television series), put together a proposal that van Munster says does not necessarily support President Bush’s war plans. Instead, he says, the show is intended to personalize America’s fighting forces. “There’s nothing flag-waving about death. We have people getting killed on the show,” he says. “In many ways, I see this thing as much anti-war as it is a portrait of what these people are doing out there.” Bruckheimer insists that the Defense Department did not exercise any censorship whatsoever except in minor instances, such as the withholding of a Special Forces soldier’s last name. “They didn’t use any censorship whatsoever,” Bruckheimer says. “They were very cooperative.… They were very receptive to the concept of showing what US forces were doing in Afghanistan.” The show’s own film, shot on location in Afghanistan, is bolstered by Defense Department footage. [Los Angeles Times, 2/6/2003; Chicago Tribune, 2/26/2003; Washington Post, 3/9/2003; Progressive, 4/1/2003; Rich, 2006, pp. 32-33] The Progressive’s Andrea Lewis calls the show “reality television, war movie, documentary video, and military propaganda all rolled into one.” Other critics call it “a Pentagon infomercial.” Bruckheimer denies that the show is propaganda, but admits that he ensured the show would present the positive face of the military: “Put it this way. If I were to rent your apartment, I’m not going to trash it. It wouldn’t be right. So I’m not going to go and expose all their blemishes.” [Progressive, 4/1/2003; Television Week, 7/14/2003]
Documentary or Reality TV? - Chicago Tribune reviewer Allan Johnson writes of the first episode: “Stirring orchestral music and editing, framing and [quick] pacing… succeed in instilling enough patriotic feelings so that Bush should give the producers a cheer. Which raises the question of whether such advocacy is appropriate in these sensitive times.” The first episode provides what Johnson calls a reflection of standard reality-show characters: the serious-minded father figure (a captain who commands 150 soldiers from the 82nd Airborne Division); a gung-ho aircraft mechanic who tells the camera that the terrorists “had better be ready for some payback, and it’s going to continue until we end it;” a roguish Special Forces sergeant who says his job is to “find and kill all al-Qaeda;” the stockbroker-turned-soldier whose wife weeps uncontrollably as he leaves for Afghanistan; and others. One soldier says with a smile, “I couldn’t think of any place I’d rather be than right here doing my job, knowing I’m doing my part to keep America free.” Lewis calls the soldiers who are profiled for the series “good looking, articulate, and enthusiastic about what they’re doing… archetypes of characters you’d expect to see in a big-budget Bruckheimer film.” Answering the question of whether the show is reality television or straight documentary, Bruckheimer says, “I think it’s a little bit of both.” Van Munster adds: “I think documentary and reality are actually brother and sister. And it’s also cinema verite.” [Chicago Tribune, 2/26/2003; Progressive, 4/1/2003] Others disagree. “It raises all sorts of questions, which are exacerbated by the entertainment factor,” says Robert Lichter, president of the Center for Media and Public Affairs. “One check on war news becoming propaganda is the professionalism of journalists, which will be ostentatiously lacking.… Documentaries are inherently more informative than entertainment. ‘Reality’ programming turns the tables.” [Los Angeles Times, 2/6/2003]
Journalists Shocked at Wide Access Enjoyed by Show's Producers, Camera Teams - Many war correspondents are shocked at the level of access, and the amount of cooperation, between the Pentagon and ABC, especially considering the difficulties they routinely encounter in getting near any battlefields. Even a complaint from ABC News regarding the show’s broad access as contrasted to the restrictions forced upon their reporters is rejected by ABC’s parent company, Disney. “There’s a lot of other ways to convey information to the American people than through news organizations,” Quigley says. [Rich, 2006, pp. 32-33] Lewis writes: “During the months when Profiles was filmed, ‘real’ journalists weren’t allowed anywhere near the front lines, and news organizations had to survive on a limited diet of highly coordinated military briefings. Meanwhile, Profiles camera crews were given nearly unlimited access to US soldiers in Afghanistan.” CBS anchor Dan Rather says: “I’m outraged by the Hollywoodization of the military. The Pentagon would rather make troops available as props in gung-ho videos than explain how the commanders let Osama bin Laden and al-Qaeda leaders escape or target the wrong villages.” [Progressive, 4/1/2003]
Show Used to 'Train' Pentagon for Embedding Journalists in Iraq - The Pentagon’s project officer for the series, Vince Ogilvie, later says that the interactions of the Profiles film crews and military personnel provided “a prelude to the process of embedding” media representatives in military units for war coverage in Iraq. The series had a number of different crews in different military units over its shooting schedule, Ogilvie will say: “Though they were not reporting on a daily basis, they were with the unit—living with the unit and reporting on what different individuals or units were involved in. With each passing day, week, month came a better understanding.” [Washington Post, 3/9/2003]
Show Not Renewed - The show will do extremely poorly in the ratings, and after its six-episode run is completed, it will not be renewed. [Rich, 2006, pp. 32-33] Van Munster will become involved in a shadowy Pentagon-driven project to document the Iraq occupation, of which little will be known. A Cato Institute official will say of that project: “This administration is fighting a PR battle over weapons of mass destruction and whether we’re getting bogged down in a quagmire. So maybe they want to frame their own message and own history about their time in Iraq.” [Television Week, 7/14/2003]
Entity Tags: American Broadcasting Corporation, Allan Johnson, Andrea Lewis, Cato Institute, Bush administration (43), Craig Quigley, Bertram van Munster, Robert Lichter, Jerry Bruckheimer, Dan Rather, Vince Ogilvie, Victoria (“Torie”) Clarke, US Department of Defense
Timeline Tags: Domestic Propaganda, War in Afghanistan
Anti-abortion activist Joseph Scheidler (see 1980, 1985, June 1986, April 20, 1998, October 2, 2001, and February 28, 2006) claims to have renounced the violent tactics that made him such a notorious figure of the anti-abortion, or pro-life, movement (see 1986 and March 26, 1986). Scheidler, 75, a former Benedictine monk and newspaper reporter who lives in Chicago, says he now favors peaceful marches on abortion clinics, the display of posters with graphic depictions of aborted fetuses, and what he calls “counseling” of women seeking abortions. “Obstruction—that’s over,” Scheidler says. “I was in some of those demonstrations, but I could see that was not going to be the real way. You’ve got to convert people away from abortion. You don’t just keep them out of the clinics. They just arrest you and you’re gone, and they go back in. I always hated it when the day was done, and they were all going back to the clinic and we were sitting in a [police] wagon.” He adds: “Nothing’s going to change in what we do. I haven’t stopped doing anything that I thought was effective. What will change is I think more people will come out.” [Chicago Sun-Times, 2/27/2003]
Tony McPeak, a retired four-star general who headed the US Air Force during Desert Storm, criticizes the Bush administration’s failure to stabilize Afghanistan and build a multilateral coalition to disarm Iraq. He says Bush should start over. “The world would breathe a sigh of relief, and we’d go back and do it right,” the former general says. “I mean, the world would fall in love with this guy. It’s not that hard to fix.” [Associated Press, 2/25/2003]
The Pentagon ensures that Marines are sent into combat with pamphlets from an evangelical group titled “A Christian’s Duty in Time of War.” The pamphlet requests that the soldiers pray for George W. Bush, and provides tear-out forms for soldiers to fill in and mail certifying that they have, indeed, prayed for the president. [Carter, 2004, pp. 58-61]
US special envoy to Latin America Otto Reich meets with Chilean President Ricardo Lagos of Santiago to discuss Chile’s position on the US-British-Spanish UN draft resolution declaring Iraq in further material breach of past UN resolutions. Prior to the meeting, Chile had been openly against the passing of another resolution. But after Reich’s visit, the president says that force should be used against Iraq if it does not comply with the UN, but “by a broad coalition of countries.” [Washington Post, 3/1/2003]
In an interview, Secretary of State Colin Powell dismisses any US political interest in the Middle East other than bringing peace and stability. In response to a question about French Foreign Minister Dominique de Villepin’s comment that “[t]he US strategy on Iraq is sliding from disarmament towards remodeling of the Middle East,” Powell suggests that the US is not intending to remodel the Middle East, but that that could be a positive result of military action. “Well, I disagree categorically with my colleague Dominique de Villepin’s comment.… [I]f Iraq had disarmed itself, gotten rid of its weapons of mass destruction over the past 12 years, or over the last several months since 1441 was enacted, we would not be facing the crisis that we now have before us.… I must say, however, that if we are unable to get Iraq to comply and military action is necessary to remove this regime and to get rid of the weapons of mass destruction, it’s quite clear to me that a new regime would be more responsive to the needs of its people, would live in peace with its neighbors, and perhaps that would assist the region in finding more peace, prosperity and stability for other nations in the region. But the suggestion that we are doing this because we want to go to every country in the Middle East and rearrange all of its pieces is not correct, and I think Minister de Villepin is wrong.” Regarding international support for the US position, Powell says: “Well, we are still contacting nations around the world. And, you know, there is no war yet. We haven’t started a war. We don’t want a war. But I am confident that if it becomes necessary to go into action, the United States will be joined by many nations around the world.” [Department of State Archives, 1/3/2003]
Former Senator Daniel Patrick Moynihan (D-NY), recovering at home from emergency surgery, takes frequent phone calls from Vice President Cheney and Defense Secretary Rumsfeld to discuss US preparations for war with Iraq. “The war drums were beating as he was going in and out of the hospital,” his daughter Maura will later recall. “But he took phone calls all the time from Cheney and Rumsfeld.” Moynihan is lionized by many neoconservatives, and had, in his time, worked closely with Bush administration neoconservatives such as Elliott Abrams and Abram Shulsky, but Moynihan is also a maverick who is not interested in toeing any ideological lines. He will later tell his daughter: “Don’t worry about the war, my dear. The war will last two weeks. It is the ten-year occupation you have to worry about.” [Unger, 2007, pp. 291-292] Moynihan will die shortly after the surgery. [New York Times, 3/27/2003]
On PBS’s NOW with Bill Moyers, former ambassador Joseph Wilson explains why he does not believe the administration’s impending war with Iraq is necessary or warranted. Wilson, as he has said before (see February 13, 2003), is for aggressive, coercive inspections and what he calls “muscular disarmament.” But, Wilson says, President Bush does not want a disarmed Saddam Hussein: “I think he wants a dead Hussein. I don’t think there’s any doubt about it.” Bush is giving Iraq no incentives to disarm because he is not interested in disarmament, he wants nothing less than to overthrow Hussein. “I think war is inevitable,” he says. “Essentially, the speech that the president gave at the American Enterprise Institute (see February 26, 2003) was so much on the overthrow of the regime and the liberation of the Iraqi people that I suspect that Saddam understands that this is not about disarmament.”
'Shock and Awe' - Moyers asks Wilson about the US tactic of “shock and awe” that he has heard is being considered for the opening strikes of the US invasion (see March 19, 2003). Wilson says: “From what I understand about shock and awe, it will be a several day air assault in which they will drop as much ordinance in four or five days as they did during the 39-day bombing campaign of the Gulf War.… Missiles, bombs, precision bombs. I believe the president and our military officials, when they say they will do everything to minimize casualties to the civilian population. But it was difficult to imagine dropping that much ordinance on a population of four million people without having a lot of casualties that are unanticipated. A lot of civilian casualties.” Wilson is pessimistic that even such a massive opening assault might, as Moyers asks, touch off a rebellion against Hussein or a mass retreat and exodus of Hussein’s ground forces. While “you might well have a bloody uprising in Baghdad in which pits essentially the Iraqi population against the Republican Guard in Saddam’s palace, I think far more likely, is that most Baghdadis will just simply go into hiding and try and avoid getting hit by this American ordinance and/or getting killed by the Republican Guard.”
Redrawing the Map of the Middle East - Wilson believes that one of the biggest reasons why Bush is invading Iraq instead of working to disarm the Iraqi regime is because Bush is committed to what he calls “re-growing the political map of the Middle East.” He explains: “[T]hat basically means trying to install regimes in the Middle East that are far more friendly to the United States—there are those in the administration that call them democracies. Somehow it’s hard for me to imagine that a democratic system will emerge out of the ashes of Iraq in the near term. And when and if it does, it’s hard for me to believe that it will be more pro-American and more pro-Israeli than what you’ve got now.” Wilson says that Bush is implementing plans drawn up in the 1990s by neoconservatives such as Richard Perle (see July 8, 1996), which provide “the underpinning of the—of the philosophical argument that calls for basically radically changing the political dynamics in the Middle East and… to favor American national security interests and Israeli national security interests which are tied.”
Recipe for Anti-American Demagoguery - Such a grand agenda will be far more difficult to implement than Perle, Bush, and others believe, Wilson says. “I’ve done democracy in Africa for 25 years,” he says. “And I can tell you that doing democracy in the most benign environments is really tough sledding. And the place like Iraq where politics is a blood sport and where you have these clan, tribal, ethnic and confessional cleavages, coming up with a democratic system that is pluralistic, functioning and, as we like to say about democracies, is not inclined to make war on other democracies, is going to be extraordinarily difficult.” Wilson provides the following scenario: “Assuming that you get the civic institutions and a thriving political culture in the first few iterations of presidential elections, you’re going to have Candidate A who is likely going to be a demagogue. And Candidate B who is likely going to be a populist. That’s what emerges from political discourse. Candidate A, Candidate B, the demagogue and the populist, are going to want to win elections of the presidency. And the way to win election is enflame the passions of your population. The easy way for a demagogue or a populist in the Middle East to enflame the passion of the population is to define himself or herself by their enemies. And the great enemy in the Middle East is Israel and its supplier, the United States. So it’s hard to believe, for me, that a thriving democracy certainly in the immediate and near-term and medium-term future is going to yield a successful presidential candidate who is going to be pro-Israel or pro-America.”
Losing Focus on al-Qaeda - Wilson believes that the US has lost its focus on pursuing Osama bin Laden and al-Qaeda. “The game has shifted to Iraq for reasons that are confused to everybody,” he says. “We have been sold a war on disarmament or terrorism or the nexus between terrorism and weapons of mass destruction or liberation. Any one of the four. And now with the president’s speeches, you clearly have the idea that we’re going to go in and take this preemptive action to overthrow a regime, occupy its country for the purposes, the explicit purposes of fostering the blossoming of democracy in a part of the world where we really have very little ground, truth or experience. And, certainly, I hope along with everybody that the president in his assessment is correct. And that I am so wrong that I’m never invited to another foreign policy debate again.… Because if I am right, this could be a real disaster.” [PBS, 2/28/2003; Wilson, 2004, pp. 320-321]
Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]9/11 mastermind Khalid Shaikh Mohammed (KSM) is apparently captured by US and Pakistani forces with the help of an informant. One week after KSM’s capture, said to take place on February 29 or March 1, 2003 (see February 29 or March 1, 2003), the Los Angeles Times will report, “Pakistani officials have… hinted that [KSM] was betrayed by someone inside the organization who wanted to collect a $25-million reward for his capture.” One Pakistani official says, “I am not going to tell you how we captured him, but Khalid knows who did him in.” [Los Angeles Times, 3/8/2003] In 2008, the New York Times will provide additional details. According to an intelligence officer, the informant slips into a bathroom in the house where KSM is staying, and writes a text message to his government contacts: “I am with KSM.” The capture team then waits a few hours before raiding the house, to blur the connection to the informant. Little more is known about the informant or what other information he provides. He apparently is later personally thanked by CIA Director George Tenet and then resettled with the $25 million reward money in the US. [New York Times, 6/22/2008]
There are several credible sightings by CIA and military informants of top Taliban leader Mullah Omar entering a mosque in Kandahar, Afghanistan. A Green Beret team located at a base just minutes away are ready to deploy to go after Omar, but each time US military commanders follow strict protocol and call in the Delta Force commando team instead. But this team is based hundreds of miles away near Kabul and it takes them several hours to arrive in Kandahar. By that time, Omar has disappeared. Apparently this is part of a pattern only allowing certain Special Forces units to go after important targets. The Washington Post will report in 2004 that any mission that takes Special Forces farther than two miles from a “firebase” requires as long as 72 hours to be approved. And on the rare occasions that such forces are authorized to act, they are required to travel in armed convoys, a practice that alerts the enemy. [Washington Post, 1/5/2004]
Abdurahman Khadr. [Source: Cageprisoners]Prisoner Abdurahman Khadr says he is forced at a US prison in Bagram, Afghanistan, to lie on a cold concrete block for two days in the spring of 2003. He also experiences US soldiers stepping on his shackles, which cut through his skin “to the bone.” A female guard drags him up a flight of stairs, he recalls, after smiling at her. He is then flown to the US prison in Guantanamo, Cuba. He says the flight was a “whole torture on its own,” because, “There were people screaming around me and there was people begging for water and nobody was getting anything.” At Guantanamo, he is placed in an isolation block for 30 days, in a dark cell with just a hole for food. He is only allowed out for 15 minutes every three days. He claims, “They use this room to torture us.… They put the heat up or they put it too low so we are freezing or we are suffering because there is no air. They put the music on so you can’t sleep. They throw rocks at the block so you can’t sleep.” Ironically, Khadr is serving as a CIA informant at the time (see November 10, 2001-Early 2003). When he asks his CIA handlers why he has to suffer so much, he is told it is to make the prisoners think he is one of them. [Toronto Star, 8/19/2004] He complains and in the early summer of 2003 he is transferred to better quarters and secretly allowed better treatment. Sometimes he is even allowed to secretly leave the prison. In September 2003, he will leave Guantanamo as the CIA gives him another assignment (see September-November 2003). [PBS Frontline, 4/22/2004]
The House of Representatives and the Senate agree to spend $15.5 million to develop a nuclear bunker-buster, or “mini-nuke,” called the “Robust Nuclear Earth Penetrator” (see January 2003). They also agree to allocate funds to make changes to the Nevada Test Site (see Early March 2003) in order to shorten the amount of time that would be needed to resume nuclear tests to as little as 18-24 months. [Guardian, 3/7/2003; USA Today, 7/6/2003]
At the beginning of 2002, the US, Britain, and other countries around the world made large pledges of aid to Afghanistan (see November 2001-January 2002). But with a new war in Iraq taking considerable focus in the West, those pledges appear to be largely unfulfilled. In February 2003, Sen. Joseph Biden (D-DE) says, “I think [the Bush administration has] already given up the ghost in Afghanistan. They’ve basically turned it over to the warlords.” In December 2002, President Bush signed a law authorizing close to $1 billion a year in aid to Afghanistan for the next four years. But one month later, when Bush submitted his actual budget to Congress, it authorized no money for Afghanistan aid whatsoever. Congress soon authorizes $300 million, but Sen. Chuck Hagel (R-NE) notes that this amount “does not come near” the promise made a short time before. Ahmed Wali Karzai, brother of Afghanistan’s president Hamid Karzai, complains to the press, “What was promised to Afghans with the collapse of the Taliban was a new life of hope and change. But what was delivered? Nothing…There have been no significant changes for people.… [I don’t] know what to say to people anymore.” [Salon, 4/10/2003] As of early 2003, there are only about 3,000 Afghan soldiers who have been trained for the country’s new army, and many of those have quit because they had not been paid in more than six months. By contrast, there are roughly 200,000 fighters controlled by warlords. [Salon, 4/10/2003; Observer, 5/25/2003] A study of post-conflict zones done by Care International estimates that Bosnia is receiving international aid of $326 per person, and Kosovo $288 per person, but Afghanistan is receiving only $42 per person. There is one peacekeeper per 113 people in Bosnia, one per 48 people in Kosovo, but one per 5,380 in Afghanistan (and those are not allowed outside the capital of Kabul). [Observer, 5/25/2003] Only 3 percent of all international aid spent in Afghanistan has been for reconstruction, 13 percent is for emergency aid, and the rest is spent on security. One Afghan minister complains, “We don’t even have enough money to pay [government] wages, let alone plan reconstruction.” [Guardian, 9/20/2003] The Independent reports, “Afghans have also listened with astonishment as Americans portray their country’s experience since the overthrow of the Taliban as a ‘success’. Another Western observer summed up his views more acidly. ‘If the Americans think this is success, then outright failure must be pretty horrible to behold’.” [Independent, 2/24/2003]
The US trains between Iraqi exiles at the Taszar military base in Hungary. At the base, dubbed “Camp Freedom,” the exiles, or “Free Iraqi Forces” (FIF), are taught both survival skills and support functions. Most of those trained are believed to be supporters of INC president Ahmed Chalabi. [BBC, 4/1/2003; Associated Press, 4/1/2003; Knight Ridder, 7/12/2003]
The CIA tells anti-terrorist authorities in Italy that it has reliable information that Hassan Mustafa Osama Nasr (a.k.a. Abu Omar), a radical Islamist cleric who was under joint Italian-CIA surveillance in Milan until recently, is in Bosnia. This is a deliberate lie; the CIA knows Nasr is in Egypt, as it recently kidnapped him and took him there, handing him over to Egyptian authorities (see Noon February 17, 2003). According to the Washington Post, the purpose of the lie is “to stymie efforts by the Italian anti-terrorism police to track down the cleric….” The Italians believe the CIA’s story for more than a year, but subsequently discover the CIA was involved in his kidnapping. [Washington Post, 12/6/2005]
Lt. Gen. Daniel McNeill, US troop commander in Afghanistan, tells the New York Times that prisoners are forced to stand for long periods at the US prison in Bagram, but denies that they have been chained to the ceilings. “Our interrogation techniques are adapted,” he says. “They are in accordance with what is generally accepted as interrogation techniques, and if incidental to the due course of this investigation [of Dilawar’s death (see December 10, 2002)], we find things that need to be changed, we will certainly change them.” [New York Times, 3/4/2003]
Diplomats from six UN Security Council member-states secretly meet one night to write an alternative resolution to the US-British-Spanish draft (see February 24, 2003). The compromise resolution would give UN weapons inspectors additional time to complete their work. But the next morning, a US diplomat contacts the Mexicans and tells them not to proceed with the alternative draft. Former Mexican Ambassador to the UN Aguilar Zinser will tell the Associated Press almost a year later: “Only the people in that room knew what that document said. Early the next morning, I received a call from a US diplomat saying the United States found that text totally unacceptable.” [Associated Press, 2/12/2004; Observer, 2/15/2004 Sources: Adolfo Aguilar Zinser] “When they [the US] found out, they said, ‘You should know that we don’t like the idea and we don’t like you to promote it.’” Zinser will also tell The Observer. [Observer, 2/15/2004] Aguilar Zinser believes that US knowledge of the secret initiative meant that the meeting had been under surveillance. “It was very obvious to the countries involved in the discussion on Iraq that we were being observed and that our communications were probably being tapped,” Aguilar Zinser will later explain to the Associated Press. “The information was being gathered to benefit the United States.” [Associated Press, 2/12/2004; Observer, 2/15/2004 Sources: Adolfo Aguilar Zinser] Chile will make similar claims, saying that its UN mission telephones were under surveillance. [Associated Press, 2/12/2004]
Forest Service officials inform employees of the agency’s Content Analysis Team (CAT) that the work they are doing will be outsourced to the private sector. The management team will remain, but the content analysis work will be farmed out to contract consultants. This decision is made despite the department’s reputation for remarkable efficiency. In October 2002, a study commissioned by Yosemite National Park had praised CAT saying it had a “track record… [un]equaled by any other organized process.” (see October 2002). A study three months later will conclude that outsourcing will actually cost the agency more (see June 2004). [Associated Press, 11/14/2003; Missoulian, 11/15/2003; High Country News, 4/26/2004]
A lawyer in the EPA’s general counsel’s office writes a confidential memo warning about the legal vulnerability of the proposed exemption (see January 14, 2002) for wood product plants from formaldehyde emission standards. The lawyer writes that the proposed exemption would result “in a regulatory approach equivalent to the one Congress specifically rejected” in 1990. “EPA would have a difficult time articulating any rational basis to defend such a… scheme.” [Los Angeles Times, 5/21/2004]
9/11 Commission Executive Director Philip Zelikow and Ernest May, a long-time associate of Zelikow and consultant to the commission, complete an outline of the commission’s final report, although the commission has barely began its work and will not report for another 16 months. The outline is detailed and contains chapter headings, subheadings, and sub-subheadings. The outline anticipates a 16-chapter report (note: the final report only has 13) that starts with a history of al-Qaeda and Osama bin Laden’s 1998 fatwa against the US. There will then be chapters on US counterterrorism policy, threat reporting leading up to 9/11, and the attacks themselves will be in chapter seven (in the final report, the day of 9/11 chapter is moved to the start).
"Blinding Effects of Hindsight" - Zelikow and May even have a chapter ten entitled “Problems of Foresight—And Hindsight,” with a sub-chapter on “the blinding effects of hindsight,” (actually chapter 11 in the final report, slightly renamed “Foresight—And Hindsight;” the “blinding effects” sub-heading does not appear in the final version, but the chapter starts with a meditation on the value of hindsight).
Kept Secret - Zelikow shows the report to Commission Chairman Tom Kean and Vice-chairman Lee Hamilton and they like it, but think it could be seen as evidence that they have pre-determined the outcome. Therefore, they all decide it should be kept secret from the commission’s staff. According to May it is “treated as if it were the most classified document the commission possessed.” Zelikow comes up with his own internal classification system, labeling it “Commission Sensitive,” a phrase that appears on the top and bottom of each page.
Staff Alarmed - When the staff find out about it and are given copies over a year later, they are alarmed. They realize that the sections of the report about the Bush administration’s failings will be in the middle of the report, and the reader will have to wade past chapters on al-Qaeda’s history to get to them. Author Philip Shenon will comment: “Many assumed the worst when they saw that Zelikow had proposed a portion of the report entitled ‘The Blinding Effects of Hindsight.’ What ‘blinding hindsight’? They assumed Zelikow was trying to dismiss the value of hindsight regarding the Bush administration’s pre-9/11 performance.” In addition, some staffers begin circulating a parody entitled “The Warren Commission Report—Preemptive Outline.” One of the parody’s chapter headings is “Single Bullet: We Haven’t Seen the Evidence Yet. But Really. We’re Sure.” [9/11 Commission, 7/24/2004; Shenon, 2008, pp. 388-389]
As Congress prepares to give the White House its requested $75 billion war supplement for Iraq, Representative Dennis Kucinich (D-OH) asks, “Why is there not a single dime for veterans’ health benefits in that $75 billion?” Kucinich also notes that the Bush administration’s cuts in veterans’ benefits will force an estimated 1.25 million veterans out of the system. Not only does the Bush administration not want to provide money for benefits, it attempts to charge veterans for health care. Congress will block the administration’s efforts to charge troops returning from Iraq a $250 fee to enroll in the VA medical plan. The administration also opposes a plan to expand health care for returning reservists and National Guard troops (the White House will drop its opposition after coming to a compromise with Congress). And the administration will implement a charge of $8 per day for each hospitalized soldier for his meals, until Congress votes to block the charge. [Carter, 2004, pp. 61-65]
The Bush administration announces that it will no longer publish an annual report that details how much money each state receives from each federal program. The announcement coincides with heavily critical reports that federal budget cuts are creating huge shortfalls in state budgets. Without the annual report, it is now much harder to track how the budget cuts affect individual states. An administration spokesman says the information is still available, albeit in “a different mode,” from individual information releases from the separate agencies, but Congressional Democrats accuse the administration of trying to hide the damages caused by the budget cuts. [Savage, 2007, pp. 104-105]
At 3 a.m., activists with the Stop Huntingdon Animal Cruelty (SHAC—see 1998 and 2002 and After) animal rights organization gather outside the Los Angeles home of a manager of a company that sells software to Huntingdon Life Sciences (HLS), a firm that for years has been accused by SHAC of abusing and torturing animals in its research efforts. The protesters yell through bullhorns, set off sirens, and leaflet the neighborhood. Afterwards, the SHAC Web site warns, “we’ll be back” and “we know where you live, we know where you work, and we’ll make your life hell until you pull out of HLS.” [Anti-Defamation League, 2005]
President Bush orders several attack planes, along with a number of B-1 and B-52 bombers, to the US Air Force base in Guam, as an implied threat against North Korea’s restarted nuclear program (see January 10, 2003 and After). Foreign affairs journalist Fred Kaplan will call the administration’s response “a feeble threat, a classic case of shutting the barn door after the horses escaped.” The fuel rods of such concern to the US (see October 4, 2002) are long hidden away from US satellites. Bush makes no further preparations for any sort of air strike against North Korea, nor does he make any diplomatic “carrot and stick” overtures to the North Koreans. After two months, Bush orders the aircraft back to their home bases. Why such a feeble response? Many believe that the answer lies in the administration’s focus on Iraq; in the words of one senior administration official, “President Bush does not want to distract international attention from Iraq.” In April, after the invasion of Iraq experiences initial success (see March 25, 2003), Defense Secretary Donald Rumsfeld tells Bush that North Korea could also profit from an Iraq-style regime change; while Bush agrees, the administration takes no steps in that direction. Instead, Bush officials mount what is little more than a pretense of diplomatic negotiations (see April 2003). [Washington Monthly, 5/2004]
The White House comes to prefer dealing with the 9/11 Commission’s vice chairman, Democrat Lee Hamilton, rather than its Republican chairman Tom Kean. Author Philip Shenon will comment: “The White House found that its best support on the Commission came from an unexpected corner—from Lee Hamilton.… Hamilton, they could see, was as much a man of the Washington establishment as he was a Democratic partisan. Probably more so.” This is because Hamilton, a friend of Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld, “underst[ands] the prerogatives of the White House—in particular, the concept of executive privilege—in a way that Kean d[oes] not or w[ill] not.” White House chief of staff Andrew Card will comment: “I came to really respect Lee Hamilton. I think he listened better to our concerns better than Tom Kean.” The White House even comes to view Kean as disloyal, effectively operating as one of the Commission’s Democrats, while Hamilton is a de facto Republican (see Early July 2004). Kean will later say, “I think the White House believed Lee was more reliable than I was.” [Shenon, 2008, pp. 177] Hamilton previously helped Republicans cover up political scandals (see Mid-1980s and 1992-January 1993). He is friends with Vice President Dick Cheney and Defense Secretary Donald Rumsfeld and trusts them to tell the truth (see Before November 27, 2002).
Several journalists question a recent White House press conference that was entirely scripted and orchestrated by the White House with the knowing complicity of the reporters present (see March 6, 2003). Journalist Russell Mokhiber, who attends the conference, later says it “might have been the most controlled presidential news conference in recent memory.… The president had a list of 17 reporters who he was going to call on. He didn’t take any questions from reporters raising their hands.” White House communications director Dan Bartlett later retorts, “If you have a message you’re trying to deliver, a news conference can go in a different direction.” However, “In this case, we know what the questions are going to be, and those are the ones we want to answer.” [PRWatch, 4/2003]
'Deferential Reporters' - ABC political reporter and commentator Sam Donaldson, a fixture of the White House press corps during the Reagan, Bush I, and Clinton administrations, later recalls “wincing” as he watched “deferential reporters” questioning President Bush during the “scripted” conference. Donaldson will say: “People ask me, ‘Do you wish you were back at the White House?’ And I say, ‘No, not really.’ [But] there are moments like Thursday night when—yeah—I want to be there!” Veteran White House reporter Larry McQuillan of USA Today says Bush’s “call sheet” of preselected reporters “demeaned the reporters who were called on as much as those who weren’t.” Another correspondent at the conference later says: “They completely played us. What’s the point of having a press conference if you’re not going to answer questions? It was calculated on so many different levels.” New York Observer commentator Michael Crowley notes that the press corps itself must share some of the blame: “Although some asked reasonably pointed questions, most did with a tone of extreme deference… that suggested a skittishness, to which they will admit, about being seen as unpatriotic or disrespectful of a commander in chief on the eve of war. Few made any effort to follow up their questions after Mr. Bush’s recitation of arguments that were more speech-like than extemporaneous: Saddam Hussein is a threat to America, Iraq has not disarmed, Sept. 11 must never happen again.… The press corps seemed mainly to serve as a prop, providing Mr. Bush with an opportunity to deliver another pro-war speech while appearing to bravely face the music.” ABC’s Terry Moran reflects that he and the rest of the press corps shirked their duty: “The point is to get [the president] to answer questions, not just to stand up there and use all the majesty of the presidency to amplify his image.” [New York Observer, 3/16/2003]
'Kabuki' Conference - Salon’s Eric Boehlert will later write: “The entire press conference performance was a farce—the staging, the seating, the questions, the order, and the answers. Nothing about it was real or truly informative. It was, nonetheless, unintentionally revealing. Not revealing about the war, Bush’s rationale, or about the bloody, sustained conflict that was about to be unleashed inside Iraq. Reporters helped shed virtually no light on those key issues. Instead, the calculated kabuki press conference, stage-managed by the White House employing the nation’s most elite reporters as high-profile extras, did reveal what viewers needed to know about the mind-set of the [mainstream media] on the eve of war.” [Salon, 5/4/2006]
Members of the 9/11 Commission’s staff who are suspicious of the partisanship of the Commission’s executive director, Philip Zelikow, establish what author Philip Shenon calls a “back-channel network” through which reports of Zelikow’s behavior can be passed. The staff members are suspicious of Zelikow because they think he is close to the Bush administration, in particular National Security Adviser Condoleezza Rice (see January 3, 2001), whose interests he defends on the Commission (see May-June 2004). The network’s aim is to “alert the Democratic commissioners when [staff] thought Zelikow was up to no good.” Commissioner Tim Roemer will say that he often gets phone calls late at night or on weekends at home from staffers who want to talk about Zelikow. “It was like Deep Throat,” he will later say (see May 31, 2005). Richard Ben-Veniste is another one of the Democratic commissioners involved in the network. [Shenon, 2008, pp. 375]
US National Guard units deployed to Iraq are less well-equipped than their counterparts in the Army.
Helicopters lack aircraft survivability equipment which allows the helicopters to evade enemy fire. [St. Louis Post-Dispatch, 12/27/2003]
Guardsmen complain of shortages of body armor, night vision goggles, ammunition, radar, uniforms, boots, cold weather gear, and two-way radios. Some guardsmen say that the equipment shortage are at times so severe that if they were operating according to Army rules the lack of equipment would have amounted to an “automatic mission-abort criteria.” [St. Louis Post-Dispatch, 12/27/2003; CBS News, 10/31/2004]
A CIA analyst who is investigating intelligence reports suggesting that Iraq is seeking US mapping software that could be used to guide its drones to the US, interviews the Iraqi procurement agent who placed the order for the software. He concludes from the interview that the Iraqi agent’s purchase order for the mapping software was likely inadvertent, and that he was actually trying to obtain other pieces of equipment from the manufacturer’s online store. The CIA reports in a memo addressed to the House intelligence committee that it now has “no definite indications that Baghdad is planning to use WMD-armed UAVs against the US mainland.” [Isikoff and Corn, 2006, pp. 206]
The US military has drawn up plans three times between June 2002 and January 2003 to launch an air strike against a training camp in northern Iraq controlled by Abu Musab al-Zarqawi that is said to be producing chemical weapons (see June 2002, November 2002, and January 2003), but months have passed and the White House has not given any formal reply to any of the attack plans. Finally, several weeks before the start of the US invasion of Iraq in late March 2003, the White House indicates that President Bush has rejected any strike on the camp until after the US invasion of Iraq begins. The camp will be attacked on March 20. Bush administration officials will later say the camp was not targeted for a number of reasons, including uncertain intelligence reports and the difficulties of hitting al-Zarqawi within a large camp area. But Gen. John Keane, the US Army’s vice chief of staff at the time, will later call the camp “one of the best targets we ever had.” He and other officials will claim the intelligence on al-Zarqawi’s location was sound and the risk of collateral damage was small due to the camp’s location in a remote mountain area. But Pentagon spokesperson Lawrence Di Rita will later claim that one reason for not taking action was “the president’s decision to engage the international community on Iraq.” [Wall Street Journal, 10/25/2004] And CIA official Michael Scheuer will later say, “The reasons the intelligence service got for not shooting al-Zarqawi was simply that the President and the National Security Council decided it was more important not to give the Europeans the impression we were gunslingers.… Mr. Bush had Mr. al-Zarqawi in his sights for almost every day for a year before the invasion of Iraq and he didn’t shoot because they were wining and dining the French in an effort to get them to assist us in the invasion of Iraq.” [Australian Broadcasting Corporation, 5/1/2006]
In its 2004 budget proposal, the US Defense Department asks US Congress to lift the 1992 “Spratt-Furse restriction,“a 10-year ban on developing small nuclear warheads known as “mini-nukes.” Buried deep within the proposal, is a single line statement that calls on Congress to “rescind the prohibition on research and development of low-yield nuclear weapons.” [Guardian, 3/7/2003; USA Today, 7/6/2003]
Congressman Dennis Kucinich (D-OH) says during a House Subcommittee on National Security meeting that, according to the General Accounting Office, many US military units are selling their protective chem/bio suits (see Late 2002) on the Internet for three dollars “while other units [are] desperately clamoring for those critical items.” Congressional investigators will find that the Army has sold 429 of the $200 protective suits on eBay for three dollars apiece. The problem goes beyond a few hundred suits. One entire military wing has “only 25 percent of the protective masks required.” The Pentagon’s Inspector General has found that 420,000 protective suits listed on inventory and intended for distribution to troops bound for Iraq cannot be found. In February, Defense Secretary Rumsfeld refused to certify that US soldiers had the proper chem/bio equipment necessary for the invasion (see February 27, 2003). [Set-Aside Alert: Federal Contract News and Information, 9/6/2002; Carter, 2004, pp. 57-58]
Jan Mohammed re-enacts the alleged murder of his brother, Wakil. [Source: Crimes of War Project]Wakil Mohammed, an unarmed peasant, is shot to death by a US Special Forces soldier while being questioned about his possible role in a firefight. He was protesting that he and his brother—an eyewitness to the shooting—were merely returning home from afternoon prayers and had nothing to do with the fighting. (His brother will later tell the reporters that he and several others were detained and tortured, including having their heads held underwater in a form of waterboarding, and having their toenails torn out.) Mohammed’s death is not reported at all in the initial reports of the firefight. The death is later listed by the Army as a murder, but no charges have ever been filed in relation to the shooting. The team’s battalion commander will later claim that Mohammed’s death was never reported to him. One member of the Special Forces team involved in the murder will tell the Los Angeles Times that his unit held a meeting after the teen’s death in order to coordinate their stories should an investigation arise. “Everybody on the team had knowledge of it,” says the soldier. “You just don’t talk about that stuff in the Special Forces community. What happens downrange stays downrange… Nobody wants to get anybody in trouble. Just sit back, and hope it will go away.” The Times learns that the Special Forces unit in Gardez already is under heavy scrutiny by superior officers. One officer reported that the Gardez unit was “the most troubled” field team among nearly a dozen in Afghanistan. Another senior officer wrote that the team was gaining a reputation as “a rogue unit,” and a battalion commander characterizes the unit’s performance as “a Guard unit operating unprofessionally in a combat zone.” The Times will later report, “What distinguishes these two fatalities from scores of other questionable deaths in US custody (referring to the murder of both Mohammed and another detainee, Jamal Naseer—see March 16, 2003) is that they were successfully concealed—not just from the American public but from the military’s chain of command and legal authorities.” [Los Angeles Times, 9/25/2006]
A photo taken during KSM’s alleged arrest in Pakistan. [Source: Associated Press]Khalid Shaikh Mohammed (KSM) is reportedly arrested in Rawalpindi, Pakistan. [Associated Press, 3/1/2003] Officials claim that he is arrested in a late-night joint Pakistani and FBI raid, in which they also arrest Mustafa Ahmed al-Hawsawi, the purported main financer of the 9/11 attacks. [MSNBC, 3/3/2003] An insider informant allegedly tips off authorities to KSM’s location, and is given the $25 million reward money for his capture (see Shortly Before February 29 or March 1, 2003). However, some journalists immediately cast serious doubts about this arrest. For instance, MSNBC reports, “Some analysts questioned whether Mohammed was actually arrested Saturday, speculating that he may have been held for some time and that the news was made public when it was in the interests of the United States and Pakistan.” [MSNBC, 3/3/2003] There are numerous problems surrounding the US-alleged arrest of KSM:
Witnesses say KSM is not present when the raid occurs. [Associated Press, 3/2/2003; Associated Press, 3/2/2003; Australian Broadcasting Corporation, 3/2/2003; Guardian, 3/3/2003; New York Times, 3/3/2003]
There are differing accounts about which house he is arrested in. [Associated Press, 3/1/2003; Los Angeles Times, 3/2/2003; Los Angeles Times, 3/3/2003]
There are differing accounts about where he was before the arrest and how authorities found him. [Time, 3/1/2003; Washington Post, 3/2/2003; Washington Post, 3/2/2003; New York Times, 3/3/2003; New York Times, 3/4/2003]
Some accounts have him sleeping when the arrest occurs and some don’t. [Los Angeles Times, 3/2/2003; Reuters, 3/2/2003; New York Times, 3/3/2003; Daily Telegraph, 3/4/2003]
Accounts differ on who arrests him—Pakistanis, Americans, or both. [CNN, 3/2/2003; Los Angeles Times, 3/2/2003; New York Times, 3/2/2003; Daily Telegraph, 3/3/2003; London Times, 3/3/2003; Associated Press, 3/3/2003]
There are previously published accounts that KSM may have been killed in September 2002 (see September 11, 2002).
There are accounts that he was captured in June 2002 (see June 16, 2002).
These are just some of the difficulties with the arrest story. There are so many problems with it that one Guardian reporter says, “The story appears to be almost entirely fictional.” [Guardian, 3/6/2003]
Account by 9/11 Commissioners Conflicts - In addition, 9/11 Commission chairman Tom Kean and vice chairman Lee Hamilton will write in a 2006 book that the arrest is made in an apartment in Karachi and carried out by a joint CIA, FBI, and Pakistani team (see Early 2003).
Account by Musharraf Also Conflicts - Also in 2006, Pakistani President Pervez Musharraf will publish a memoir in which he claims that KSM was arrested on February 29, 2003 (instead of the widely cited March 1, 2003), and held by Pakistani forces for three days, “during which time we interrogated him fully. Once we were done with him and had all the information we wanted, we handed him over to the United States government.” [Musharraf, 2006, pp. 193]
US officials admit that imprisioned al-Qaeda leaders Khalid Shaikh Mohammed and Abu Zubaida have said in interrogations that bin Laden vetoed a long term relationship with Saddam because he did not want to be in Hussein’s debt. [Newsweek, 6/25/2003]
The Observer breaks the Koza memo (see January 31, 2003) story. Neither the US State Department nor the White House denies the authenticity of the leaked memo. White House Press Secretary Ari Fleischer tells reporters, “As a matter of long-standing policy, the administration never comments on anything involving any people involved in intelligence.” And Patrick Weadon, speaking for the NSA, says, “At this point, we’re not issuing a statement.” [Sydney Morning Herald, 3/4/2003; Washington Post, 3/4/2003; Baltimore Sun, 3/4/2003] The intended victims of the operation are deeply angered by the memo. President Ricardo Lagos demands an immediate explanation from the US and Chile’s ambassador to Britain Mariano Fernandez explains to The Observer, “We cannot understand why the United States was spying on Chile. We were very surprised. Relations have been good with America since the time of George Bush Senior.” [Observer, 3/9/2003] Martin Bright, one of the reporters who helped break the story, later tells the Australian Broadcasting Corporation that the exposed operation has “caused an enormous diplomatic rift between the Chileans and the Americans and the UK.” He says he believes that the leaked memo is partially responsible for Chile’s increasingly defiant stance at the UN. The UN quickly begins a top-level investigation of the spy operation. [Australian Broadcasting Corporation, 3/6/2003; Observer, 3/9/2003] The Observer notes that the leaked memo could make it more difficult for the US to obtain UN authorization to wage war on Iraq. [Observer, 3/2/2003] The US media networks largely ignore the story. Though NBC, CNN, and Fox News Channel all arrange for interviews with Martin Bright soon after the story is broken, all three quickly cancel. In an interview with the Australian Broadcasting Corporation, Bright explains, “It happened with NBC, Fox TV and CNN, who appeared very excited about the story to the extent of sending cars to my house to get me into the studio, and at the last minute, were told by their American desks to drop the story.” [Salon, 3/3/2003; Australian Broadcasting Corporation, 3/6/2003]
The 9/11 Commission’s executive director Philip Zelikow issues a five-page memo, entitled “What Do I Do Now?” telling newly hired staff members how to go about their jobs on the Commission. The most controversial part of the memo prevents staffers from returning calls from commissioners, stating: “If you are contacted by a commissioner, please contact [deputy executive director] Chris [Kojm] or me. We will be sure that the appropriate members of the Commission’s staff are responsive.” Author Philip Shenon will write that the staffers are surprised by this: “It occurred to several of the staff members, especially those with experience on other federal commissions, that Zelikow was trying to cut off their contact with the people they really worked for—the commissioners.”
Part of Memo Rescinded - When commissioner Jamie Gorelick learns of the restriction, she calls the Commission’s chairman and vice chairman, Tom Kean and Lee Hamilton, and tells them this is unacceptable. Fellow commissioner Max Cleland also thinks the order is a bad idea, and will later say, “It violates the spirit of an open look at what the hell happened on 9/11.” Zelikow is forced to rescind this portion of the memo, allowing commissioners free access to the staff.
Other Restrictions - Other rules in the memo include:
Commission staff should not disclose the exact location of the Commission’s offices for security reasons;
Staffers should never talk to reporters about the Commission’s work, because “there are no innocent conversations with reporters.” Zelikow or his deputy should be notified of such calls. A breach of this rule can get a staffer fired; and
All staffers have to prepare a confidential memo describing potential conflicts of interest. Shenon will comment, “Staff members who knew some of Zelikow’s own conflicts of interest found it amusing that he was so worried about theirs.” [9/11 Commission, 3/2/2003; Shenon, 2008, pp. 83-85]
Al-Qaeda operative Mustafa Ahmed al-Hawsawi, under interrogation by the CIA following his capture (see February 29 or March 1, 2003), reportedly gives the agency the first information it has received about another al-Qaeda operative who was involved in the 9/11 plot. That operative’s name will be redacted in a later report by the CIA’s inspector general. Alleged 9/11 mastermind Khalid Shaikh Mohammed will later provide additional information about that person. [Central Intelligence Agency, 5/7/2004, pp. 86 ]
Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” [New York Review of Books, 3/15/2009]
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. [New Yorker, 8/6/2007; MSNBC, 9/13/2007] On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” [New York Review of Books, 3/15/2009] However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.
At some point after alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is captured (see February 29 or March 1, 2003), interrogators threaten to kill his children if he does not co-operate with them. An “experienced agency interrogator” will tell the CIA inspector general that “interrogators said to Khalid Shaikh Mohammed that if anything else happens in the United States, ‘We’re going to kill your children.’” [Central Intelligence Agency, 5/7/2004, pp. 43 ] Two of his children are alleged to have been captured in late 2002 (see After September 11, 2002). According to author Ron Suskind, this is after CIA headquarters authorizes the interrogators to “do whatever’s necessary” to get information. However, according to a CIA manager with knowledge of the incident, “He [KSM] basically said, so, fine, they’ll join Allah in a better place.” [Suskind, 2006, pp. 230]
Shortly after the arrest of 9/11 mastermind Khalid Shaikh Mohammed (KSM) (see February 29 or March 1, 2003), US investigators will allegedly find out that he had recently met with Osama bin Laden. Later in 2003, authors Nick Fielding and Yosri Fouda will claim that not long after KSM is transferred from Pakistani to US custody, he confesses that he had met with bin Laden within the past two months. Bin Laden is said to be in good health. KSM met him in the Pakistani province of Baluchistan after a journey involving a complicated network of phone calls and couriers. He also says that bin Laden has been concentrating his forces in South Waziristan, in Pakistan’s tribal region, and bin Laden has formed an alliance with Afghan warlord Gulbuddin Hekmatyar. Fielding and Fouda will note that this story seems confirmed by the fact that within days of KSM’s arrest, residents in the town of Chaman in Baluchistan said that US aircraft dropped millions of leaflets mentioning the $25 million reward for bin Laden’s arrest. KSM also allegedly claims to know that al-Qaeda second-in-command Ayman al-Zawahiri recently returned to Quetta, Pakistan, after spending time in the Middle East. Also within days of KSM’s arrest, millions of leaflets about al-Zawahiri and his reward are dropped in that region. [Fouda and Fielding, 2003, pp. 184] It is likely that KSM is tortured during this time (see Shortly After February 29 or March 1, 2003). KSM will later say, “During the harshest period of my interrogation, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop” (see March 7 - Mid-April, 2003).
In the March 3 issue of the Nation, former ambassador and Washington insider Joseph Wilson writes, “The underlying objective of this war is the imposition of a Pax Americana on the region and the installation of vassal regimes that will control restive populations.” [Nation, 3/3/2003] Explaining his remarks to CNN’s Wolf Blitzer, Wilson says, “The underlying objective, as I see it,… is less and less disarmament, and it really has little to do with terrorism, because everybody knows that a war to invade and conquer and occupy Iraq is going to spawn a new generation of terrorists. So you look at what’s underpinning this, and you go back and you take a look at who’s been influencing the process. And it’s been those who really believe that our objective must be far grander, and that is to redraw the political map of the Middle East…” When Blitzer asks if “there [is] something fundamentally wrong with that notion,” Wilson questions whether force can really bring democracy to the region. [CNN, 3/2/2003]
An article in the New Republic claims that “President Bush has repeatedly stifled efforts to strengthen domestic safeguards against further terrorist attacks. As a consequence, homeland security remains perilously deficient.” The article cites numerous examples to support this contention, and comments: “Bush’s record on homeland security ought to be considered a scandal. Yet, not only is it not a scandal, it’s not even a story, having largely failed to register with the public, the media, or even the political elite.” It points out numerous examples where the administration has opposed the spending of more money to protect against an attack and argues: “The White House appears to grasp that Bush’s standing on national security issues, especially after September 11, is so unassailable that he does not need to shore it up. Instead, the administration seems to view his wartime popularity as a massive bank of political capital from which they can withdraw and spend on other, unrelated causes. In the short run, this strategy is a political boon for Bush and his party. But, in the long run, it divides and weakens the nation against its external threats.” [New Republic, 3/3/2003] Here are some of the examples of evidence supporting this article’s arguments pointed out in this and subsequent articles:
Airports are said to be unacceptably vulnerable to terrorism. [Associated Press, 6/8/2004]
Terrorist watch lists remain unconsolidated. [United Press International, 4/30/2003]
Basic background checks on air security personnel remain undone. [Time, 7/8/2003]
The Treasury Department has assigned five times as many agents to investigate Cuban embargo violations as it has to track al-Qaeda’s finances. [Associated Press, 4/30/2004]
The White House has spurned a request for 80 more investigators to track and disrupt the global financial networks of US-designated terrorist groups. [New York Times, 4/4/2004]
Cases involving “international terrorism” have been fizzling out in US courts. [Los Angeles Times, 12/9/2003]
Experts have concluded that the Iraq War has diverted resources from the war on terrorism and made the US less secure. [MSNBC, 7/29/2003; Salon, 7/31/2003]
Investigations have shown that most chemical plants across the US remain dangerously vulnerable to a guerilla-style attack. Some plants have virtually no security at all, often not even locked gates. Explosions at some of these plants could kill more than a million people. Yet the Bush administration has so far successfully opposed strengthening security regulations, apparently at the behest of chemical industry lobbyists. [New Republic, 3/3/2003; New Jersey Star-Ledger, 1/28/2005]
There has been a huge increase in government spending to train and respond to terrorist attacks, but Time magazine reports that the geographical spread of “funding appears to be almost inversely proportional to risk.” [Time, 3/21/2004]
Several high-profile studies have concluded that despite its frequent “bear any burden” rhetoric, the Bush administration has grossly underfunded domestic security. [New Republic, 3/3/2003; New York Times, 7/25/2003]
Community-based “first responders” lack basic equipment, including protective clothing and radios. [New Republic, 3/3/2003; New York Times, 7/25/2003]
Spending on computer upgrades, airport security, more customs agents, port security, border controls, chemical plant security, bioweapon vaccinations, and much more, is far below needed levels and often below Promised levels. [New Republic, 3/3/2003]
An unnamed US law enforcement official tells the Wall Street Journal, “[B]ecause the [Convention Against Torture—see October 21, 1994] has no enforcement mechanism, as a practical matter, ‘you’re only limited by your imagination.’” A detainee “isn’t going to be near a place where he has Miranda rights or the equivalent of them,” the official says. “God only knows what they’re going to do to him. You go to some other country that’ll let us pistol whip this guy.” [Wall Street Journal, 3/4/2003; Human Rights Watch, 5/7/2004]
Activists with the Animal Liberation Front (ALF—see 1976) plant two explosives designed to spread fire quickly in a McDonald’s restaurant in Chico, California. The phrases “meat is murder” and “species equality” are spray-painted in red, as is “Animal Liberation Front.” A note connecting ALF to the crime is found in a nearby phone booth. The two devices fail to ignite, but a week later, another McDonald’s in Chico is damaged by such a device. “Liberation” and “ALF” are also spray-painted on the walls. [Anti-Defamation League, 2005] The ALF frequently targets McDonald’s restaurants (see September 8, 2001).
In February 2003, some radical militants are arrested in Bahrain. A joint US-Saudi raid of an apartment in Saudi Arabia owned by one of them reveals the designs for a bomb called a mubtakkar. This bomb is made of two widely available chemicals, sodium cyanide and hydrogen, which combine to create hydrogen cyanide. When turned to gas, it is lethal, and counterterrorism experts are highly alarmed at this technical breakthrough. CIA Director Tenet briefs President Bush about the mubtakkar bomb in early March. [Suskind, 2006, pp. 193-197; Time, 6/17/2006] Journalist Ron Suskind calls it a “nightmare delivery system—portable, easy to construct, deadly.” The CIA has a highly placed al-Qaeda informant codenamed Ali, and in late March they contact him to learn more about the bomb. He tells his CIA handlers that Yusef al-Ayeri, a Saudi in charge of al-Qaeda operations in the Arabian peninsula, visited al-Qaeda number two leader Ayman al-Zawahiri in January 2003. He told al-Zawahiri of an already advanced plot in the US. Operatives loosely linked to al-Qaeda had traveled to the US in the fall of 2002 and thoroughly cased locations in New York City. They would place the mubtakkar bomb in subway cars and remotely activate them. The group was ready to implement an attack in about 45 days. According to Suskind, several thousand people could be killed. But Ali learned that al-Zawahiri called off the attacks, though Ali does not know the reason why. The group did cancel the attack, and US intelligence never learns who exactly they were. President Bush and others puzzle why the attack was canceled and speculate that al-Qaeda put it aside in favor of an even bigger attack. [Suskind, 2006, pp. 216-220; Time, 6/17/2006] Suskind’s account will cause alarm when revealed in 2006. Sen. Charles Schumer (D-NY) will say that authorities took the plot seriously but were never able to confirm its existence. Other officials will debate the effectiveness of the bomb and how many deaths it could have caused. [CNN, 6/18/2006] University of Maryland professor Milton Leitenberg later says of the bomb, “What you would get, in all probability, is a big bang, a big splash, but very little gas.” He also says that concentrations of key chemicals present in household materials are so low “you would get next to nothing” by using them, and one would have to get them from a chemical supplier or steal them from a laboratory. One counterterrorism official points out, “If this is such an amazing weapon, and the design for it is out there, why has no one ever used it?” [United Press International, 6/27/2006] An article by the private intelligence service Stratfor is also skeptical and suggests that al-Zawahiri called off the attack because it wouldn’t have been as deadly as if conventional bombs were used instead. [Stratfor, 6/21/2006] CIA Deputy Counter Terrorism Center Director Hank Crumpton will also later suggest that a team was recruited to stage the attack but apparently never was sent to the US. [Newsweek, 8/28/2007]
US Secretary of State Colin Powell says, “We would prefer not to have a war. Nobody wants war.” [ORT (Moscow), 3/3/2003]
The Brookings Institution hosts the Baku-Tbilisi-Ceyhan (BTC) Pipeline Project Roundtable. The proposed pipeline would transport Caspian Sea oil 1000 miles from Azerbaijan, through Georgia, and to the Turkish Mediterranean port of Ceyhan. Delegates from each of the three countries and executives and consultants from British Petroleum attend the discussion. The US is a strong supporter of the pipeline project because it believes the pipeline will deny Iran leverage in the transportation of oil and gas from Central Asia and the Caspian Basin. [Alexander's Gas & Oil Connections, 11/27/2002; Institution, 3/4/2003]
State Department officials Ariel Cohen and Gerald P. O’Driscoll update their September 2002 paper titled, “The Road to Economic Prosperity for a Post-Saddam Iraq,” (see September 25, 2002) expanding the section which addresses plans for post-Saddam Iraq’s oil industry. The update is apparently a reaction to the State Department’s opposition to the neoconservatives’ proposal to sell off Iraq’s oil fields. They say that despite Secretary of State Colin Powell’s remarks that the “oil of Iraq belongs to the Iraqi people… [and] will not be exploited for the United States’ own purpose…” the US should still provide “guidance to the future government of Iraq on establishing sound economic and trade policies to stimulate growth and recovery.” [Cohen and O'Driscoll, 3/5/2003]
Leader of House of Commons Robin Cook meets with British Prime Minister Tony Blair and has the “most revealing” discussion about Saddam Hussein’s alleged weapons arsenal. During the exchange Blair essentially acknowledges that Saddam does not have weapons of mass destruction that could be used against his enemies like the US or Britain. [Sunday Times (London), 10/5/2003] Cook says to Blair: “It’s clear from the private briefing I have had that Saddam has no weapons of mass destruction in a sense of weapons that could strike at strategic cities. But he probably does have several thousand battlefield chemical munitions. Do you never worry that he might use them against British troops?” Blair responds, “Yes, but all the effort he has had to put into concealment makes it difficult for him to assemble them quickly for use.” [Sunday Times (London), 10/5/2003; Cook, 8/2/2004]
ABC’s Nightline hosts a “town meeting” panel discussion with a number of experts and pundits on the subject of the impending invasion of Iraq. The proponents of the war include Senator John McCain (R-AZ), former CIA Director James Woolsey, and Richard Land of the Southern Baptist Convention. Arguing against the war are the former deputy chief of mission to Iraq, Joseph Wilson; Senator Carl Levin (D-MI); and the Reverend Susan Thistlewaite of the Chicago Theological Seminary. The advocates of the war had prepared for the discussion, even holding a mock debate the night before with Randy Schoeneman of the Iraqi Liberation Front. The anti-war panelists did not discuss their remarks until minutes before the broadcast. “[W]e were disadvantaged by our comparative lack of preparation,” Wilson will later recall in his 2004 book The Politics of Truth. He remembers the panel discussion as “unpleasant,” not the least because, during his remarks about achieving disarmament without occupation (see February 13, 2003 and February 28, 2003), McCain interrupts him and accuses him of “appeasement.” Wilson will later write: “I take great offense at having my patriotism questioned by anyone. John McCain’s service to his country is unimpeachable but that does not give him a monopoly on loyalty, nor is it equatable with wisdom on national security issues.” Woolsey piles on, accusing Wilson of racism when Wilson notes that implementing democracy in Iraq would be “a stiff challenge.” Wilson will write that the accusation, which he will term “an outrageously provocative insult,” angers many of the African-American audience members, including “several members of the House of Representatives who had known me from my White House days managing African Affairs” for the State Department. Wilson will note, “The remark went over with a thud and was subsequently dropped from the standard set of neoconservative talking points spouted against me.” At the end of the debate, host Ted Koppel tells the threesome in favor of war, “You have made some important points, gentlemen, but you have not made your case that war with Iraq now is necessary.” Wilson calls it “a pyrrhic victory,” in part because “the one person whom we would have liked most to influence by our arguments—George W. Bush—was probably already asleep. But then, as he later told Brit Hume of Fox, he gets his information straight from his advisers rather than from newspapers and broadcast outlets.” [Wilson, 2004, pp. 321-323]
Majid Khan. [Source: Defense Department]According to his father, al-Qaeda operative Majid Khan is arrested by Pakistani soldiers and police at his brother Mohammed Khan’s house in Karachi, Pakistan, on March 5, 2003. Both brothers are interrogated by Pakistani and US agents. Majid Khan is eventually transferred to a secret US prison and will remain there until 2006, when he will be sent to the Guantanamo prison as one of 14 “high-value” detainees (see September 2-3, 2006). [Reuters, 5/15/2007] The US apparently considers Khan of high value due to his involvement in plots targeting the US. Khan moved to the US from Pakistan as a teenager in 1996 and graduated from a high school in Baltimore in 1999. According to US charges against him, he became involved in a local Islamic organization and then returned to Pakistan in 2002. An uncle and cousin who were al-Qaeda operatives drafted Khan there, and he started working for al-Qaeda leader Khalid Shaikh Mohammed (KSM). KSM worked with Khan because of Khan’s knowledge of the US, fluency in English, and willingness to be a suicide bomber. His family owned a gas station, and he allegedly plotted to blow up gas stations and poison water supplies in the US. [Baltimore Sun, 9/9/2006]
During a televised national press conference, President Bush states that the US will call for a vote in the UN Security Council, regardless of the anticipated vote. A reporter asks, “[T]he Security Council faces a vote next week on a resolution implicitly authorizing an attack on Iraq. Will you call for a vote on that resolution, even if you aren’t sure you have the vote?” Bush responds: “No matter what the whip count is, we’re calling for the vote. We want to see people stand up and say what their opinion is about Saddam Hussein and the utility of the United Nations Security Council. And so, you bet. It’s time for people to show their cards, to let the world know where they stand when it comes to Saddam.” But 11 days later, Bush will announce that the US will not call for a vote, saying, “The United Nations Security Council has not lived up to its responsibilities, so we will rise to ours.” The decision is made not to seek a second resolution when it becomes apparent that it would not pass. [CNN, 3/6/2003; US President, 3/10/2003]
The foreign ministers of France, Germany, and Russia issue a joint declaration which says that in light of “encouraging results” from the renewed UN weapons inspections in Iraq, they cannot approve of a UN “resolution that would authorize the use of force.” [Unger, 2007, pp. 292]
President Bush holds a press conference—only his eighth since taking office—in which he conflates Iraq and Saddam Hussein with the 9/11 attacks and the global war on terror at least 12 times. For instance, he says: “Iraq is a part of the war on terror. It’s a country that trains terrorists; it’s a country that could arm terrorists. Saddam Hussein and his weapons are a direct threat to this country.” Perhaps his most alarming statement is, “September the 11th should say to the American people that we’re now a battlefield.” [White House, 3/6/2003; Salon, 5/4/2006; PBS, 4/25/2007] Bush insists that he has not yet decided to take military action against Iraq (see March 6, 2003). [Salon, 5/4/2006]
Scripted and Orchestrated - Oddly, none of the 94 assembled journalists challenge Bush’s conflations, no one asks about Osama bin Laden, and no one asks follow-up questions to elicit information past the sound bites Bush delivers. There is a reason for that. In 2007, PBS’s Bill Moyers will report that “the White House press corps will ask no hard questions… about those claims,” because the entire press conference is scripted. “Sure enough, the president’s staff has given him a list of reporters to call on,” Moyers will report. Press Secretary Ari Fleischer later admits to giving Bush the list, which omits reporters from such media outlets as Time, Newsweek, USA Today, and the Washington Post. After calling on CNN reporter John King, Bush says, “This is a scripted—” and then breaks into laughter. King, like his colleagues, continues as if nothing untoward is happening. Author and media commentator Eric Boehlert will later say: “[Bush] sort of giggled and laughed. And, the reporters sort of laughed. And, I don’t know if it was out of embarrassment for him or embarrassment for them because they still continued to play along after his question was done. They all shot up their hands and pretended they had a chance of being called on.” Several questions later, Bush pretends to choose from the available reporters, saying: “Let’s see here… Elizabeth… Gregory… April.… Did you have a question or did I call upon you cold?” The reporter asks, “How is your faith guiding you?” Bush responds: “My faith sustains me because I pray daily. I pray for guidance.” Boehlert will later say: “I think it just crystallized what was wrong with the press coverage during the run up to the war. I think they felt like the war was gonna happen and the best thing for them to do was to get out of the way.” [White House, 3/6/2003; Salon, 5/4/2006; PBS, 4/25/2007]
Defending the Press's Complicity - New York Times reporter Elisabeth Bumiller, a participant in the conference, will later defends the press corps’ “timid behavior,” in Boehlert’s characterization, by saying: “I think we were very deferential because… it’s live, it’s very intense, it’s frightening to stand up there. Think about it, you’re standing up on prime-time live TV asking the president of the United States a question when the country’s about to go to war. There was a very serious, somber tone that evening, and no one wanted to get into an argument with the president at this very serious time.” [Salon, 5/4/2006]
Compliant Media Coverage - The broadcast news media, transmitting the live feed of the conference, could not have been more accommodating, author and media critic Frank Rich will later note. “CNN flashed the White House’s chosen messages in repetitive rotation on the bottom of the screen while the event was still going on—‘People of good will are hoping for peace’ and ‘My job is to protect America.’” After the conference, Fox News commentator Greta van Susteren tells her audience, “What I liked tonight was that in prime time [Bush] said to the American people, my job is to protect the American people.” [Rich, 2006, pp. 70]
Follow-Up Coverage Equally Stage-Managed - Boehlert notes that the post-conference coverage is equally one-sided. On MSNBC’s flagship news commentary show, Hardball, host Chris Matthews spends an hour discussing the conference and the upcoming invasion. Matthews invites six guests on. Five are advocates of the war, and one, given a few moments for “balance,” questions some of the assumptions behind the rationale for war. The five pro-war guests include an “independent military analyst,” retired General Montgomery Meigs, who is one of around 75 retired military officers later exposed as participants in a Pentagon propaganda operation designed to promote the war (see April 20, 2008 and Early 2002 and Beyond). [Salon, 5/4/2006]
Some Criticism Leveled - Several journalists later write harsh critiques of the conference and the media’s complicity (see March-April 2003).
Entity Tags: Montgomery Meigs, USA Today, Washington Post, Time magazine, MSNBC, George W. Bush, Greta Van Susteren, Ari Fleischer, Bill Moyers, CNN, Chris Matthews, Elisabeth Bumiller, John King, Frank Rich, Eric Boehlert, Newsweek
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda
A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]
Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes
Timeline Tags: Torture of US Captives, Civil Liberties
The US Senate confirms the nomination of Stephen Cambone as undersecretary of defense for intelligence, a new Pentagon position that was created by the 2002 Defense Authorization Act (see December 2, 2002). [US Department of Defense, 4/15/2004] Cambone now oversees “assets that used to belong elsewhere, most notably a secret intelligence organization [code-named ‘Gray Fox’] that specializes in large-scale ‘deep penetration’ missions in foreign countries, especially tapping communications and laying the groundwork for overt military operations.” Asked by the Washington Post about the transfer of Gray Fox a few months later, Cambone responds, “We won’t talk about those things.” [Washington Post, 4/20/2003] He also sets the priorities for the Strategic Support Branch, a military unit running covert operations established shortly after 9/11 that Gray Fox is a part of (see October 2001-April 2002). [Washington Post, 1/23/2005] Cambone is not well-liked among the military and civilian intelligence bureaucrats in the Pentagon, “essentially because he [has] little experience in running intelligence programs,” New Yorker magazine will later report. [New Yorker, 5/24/2004] In fact, Cambone will become so hated and feared inside the Pentagon as Defense Secretary Rumsfeld’s loyal “hatchet man” that one anonymous general will later tell the Army Times, “If I had one round left in my revolver, I’d take out Stephen Cambone”. [CounterPunch, 2/7/2006]
Some of the documents turned over to the UN by Iraq. [Source: CIA]United Nations Monitoring, Verification and Inspection Commission chief arms inspector Hans Blix provides a quarterly report to the UN Security Council on the progress of inspections in Iraq, as required by UN Security Resolution 1284 (1999). It is the twelfth such report since UNMOVIC’s inception. Blix’s report to the Council does not contain any evidence to support US and British claims that Iraq has weapons of mass destruction or the programs to develop such weapons. [United Nations, 3/7/2003 ; CNN, 3/7/2003] International Atomic Energy Agency (IAEA) Director General Mohamed ElBaradei also reports to the Council and says there are no signs that Iraq has reconstituted its nuclear weapons program. [United Nations, 3/7/2003 ]
UNMOVIC Report by Hans Blix -
There is no evidence that Iraq has mobile biological weapons factories, as was recently alleged by Colin Powell in his February 5 presentation (see February 5, 2003) to the UN. “Several inspections have taken place… in relation to mobile production facilities,” Blix says. “No evidence of proscribed activities has so far been found.” He further explains that his inspectors had examined numerous mobile facilities and large containers with seed processing equipment. [United Nations, 3/7/2003 ; CNN, 3/7/2003; Agence France-Presse, 3/7/2003]
The Iraqi government has increased its cooperation with inspectors since the end of January. It is attempting to quantify the biological and chemical weapons that it says were destroyed in 1991. [United Nations, 3/7/2003 ; CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
Iraq’s destruction of several Al Samoud II missiles represents a real step towards disarmament. “The destruction undertaken constitutes a substantial measure of disarmament,” he says. “We are not watching the destruction of toothpicks. Lethal weapons are being destroyed.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003] Blix adds, “The destruction undertaken constitutes a substantial measure of disarmament—indeed, the first since the middle of the 1990s.” Major Corrine Heraud, the chief weapons inspector for UNMOVIC in this operation, calls the level of cooperation from the Iraqis “unprecedented,” something that she never would have expected and did not encounter during the 1996-98 inspections. [Middle East Policy Council, 6/2004]
Blix says that the UN inspectors needed a few more months to finish their work. “Even with a proactive Iraqi attitude induced by continued outside pressure, it will still take some time to verify sites and items, analyze documents, interview relevant persons and draw conclusions,” he says, concluding, “It will not take years, nor weeks, but months.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
Iraqi scientists have recently accepted inspectors’ requests to be interviewed without “minders.” “Since we started requesting interviews, 38 individuals were asked for private interviews, of which 10 accepted under our terms, seven during the past week,” Blix explains. [CNN, 3/7/2003]
Some Iraqi scientists have agreed to interviews without “minders”—but more cooperation is needed. Blix says, “While the Iraqi side seems to have encouraged interviewees not to request the presence of Iraqi officials or the taping of the interviews, conditions ensuring the absence of undue influences are difficult to attain inside Iraq.” [CNN, 3/7/2003] Iraq needs to turn over more documents. “Iraq, with a highly developed administrative system, should be able to provide more documentary evidence about its proscribed weapons. Only a few new such documents have come to light so far and been handed over since we began.” [CNN, 3/7/2003] There is no evidence of underground weapons facilities. Blix says: “There have been reports, denied by Iraq, that proscribed activities are conducted underground. Iraq should provide information on underground structures suitable for the production or storage of weapons of mass destruction. During inspections of declared or undeclared facilities, inspectors examined building structures for any possible underground facilities. In addition, ground-penetrating radar was used in several locations. No underground facilities for chemical or biological production or storage were found.” [CNN, 3/7/2003]
IAEA report by Mohamed ElBaradei -
There is no evidence that the aluminum tubes imported by Iraq in July 2001 were meant for a nuclear weapons program. ElBaradei says: “Extensive field investigation and document analysis have failed to uncover any evidence that Iraq intended to use these 81mm tubes for any project other than the reverse engineering of rockets.… Moreover, even had Iraq pursued such a plan, it would have encountered practical difficulties in manufacturing centrifuges out of the aluminum tubes in question.” [United Nations, 3/7/2003 ; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003]
There is no evidence that Iraq tried to obtain uranium from Niger. Documents provided to the International Atomic Energy Agency by the US were determined to be forgeries. The documents were a collection of letters between an Iraqi diplomat and senior Niger officials discussing Iraq’s interest in procuring a large amount of uranium oxide (see Afternoon October 7, 2002). “Based on thorough analysis, the IAEA has concluded, with the concurrence of outside experts, that documents which formed the basis for the reports of recent uranium transactions between Iraq and Niger are in fact not authentic,” ElBaradei explains. “We have therefore concluded that these specific allegations are unfounded”
(see June 12, 2003). [United Nations, 3/7/2003 ; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003; Globe and Mail, 3/8/2003; Guardian, 3/8/2003]
The IAEA has yet to come across evidence of a nuclear weapons program. “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq,” ElBaradei states. “[T]here is no indication of resumed nuclear activities in those buildings that were identified through the use of satellite imagery as being reconstructed or newly erected since 1998, nor any indication of nuclear-related prohibited activities at any inspected sites.” [United Nations, 3/7/2003 ; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Globe and Mail, 3/8/2003; Washington Post, 3/8/2003]
In a direct response to allegations made by Colin Powell on February 5 (see February 5, 2003) related to the attempted procurement of magnets that could be used in a gas centrifuge, ElBaradei, says: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters, and field telephones. Through visits to research and production sites, reviews of engineering drawings, and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” [United Nations, 3/7/2003 ]
Iraq’s industrial capacity “has deteriorated” at the inspected sites because of lack of maintenance and funds. [United Nations, 3/7/2003 ]
ElBaradei concludes: “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq.… I should note that, in the past three weeks, possibly as a result of ever-increasing pressure by the international community, Iraq has been forthcoming in its cooperation, particularly with regard to the conduct of private interviews and in making available evidence that contributes to the resolution of matters of IAEA concern.” [Middle East Policy Council, 6/2004]
Inspections 'Fruitful,' Say French, Russians - Both sides claim that the reports give further support to each of their respective stances on the issue of Iraqi disarmament. French Foreign Minister Dominique de Villepin tells the Council that the reports “testify to the progress” of the inspections. He states that France will not support another resolution because “we cannot accept any ultimatum, any automatic use of force.” Russian Foreign Minister Igor Ivanov says that the reports demonstrate that inspections have been “fruitful.”
Inspections Not Working, US Claims - The Bush administration does not alter its position, despite statements by the two inspectors that Iraq is cooperating with inspections and complying with demands to disarm. Colin Powell, responding to the inspectors’ reports, reiterates the administration’s position that the inspections are not working and that Saddam is not cooperating. “We must not walk away,” Powell says. “We must not find ourselves here this coming November with the pressure removed and with Iraq once again marching down the merry path to weapons of mass destruction, threatening the region, threatening the world.” He claims that Iraq’s behavior is a “a catalog still of noncooperation” and repeats the administration’s allegation that the “Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” Back at the White House, Ari Fleischer tells reporters, “As the president has said, if the United Nations will not disarm Saddam Hussein, it will be another international organization, a coalition of the willing that will be made up of numerous nations that will disarm Saddam Hussein.” [CNN, 3/6/2003; CNN, 3/7/2003; Independent, 3/7/2003; US Department of State, 3/7/2003 ]
Bush: Missile Destruction 'Meaningless' - Bush himself will call the destruction of Iraqi missiles “meaningless” and nothing more than an Iraqi “campaign of destruction,” shocking UNMOVIC inspectors: “We didn’t know what to make of [his words],” one inspector says afterwards. Former State Department official Patrick Lang will write: “In the final weeks of the countdown to war, the administration’s actions resembled nothing so much as some of the madder scenes from Alice in Wonderland. The fact that the documents the administration had used to ‘prove’ that Iraq was working on nuclear weapons were forged only led to greater insistence that Iraq was a danger. The absence of discovery of WMD by the UN inspectors was only further evidence that the Iraqis were the greatest deceivers in history and that they had succeeded in concealing their location. The destruction of the Al Samoud missiles was just more evidence of a ‘grand deception.’” [Middle East Policy Council, 6/2004]
Uranium Allegations 'Outrageous,' Says Former Ambassador - The Washington Post and Los Angeles Times do give the story front-page coverage, and on CNN, former ambassador Joseph Wilson (see July 6, 2003) calls the uranium allegation “outrageous,” adding that the claim “taints the whole rest of the case that the government is trying to build against Iraq.” The US government is “simply stupid” for not finding out the truth sooner: “a couple of phone calls” could have proven that such a deal between Iraq and Niger could not have happened: “All this stuff is open,” Wilson says. “It’s a restricted market of buyers and sellers.” [Rich, 2006, pp. 71]
IAEA Report 'Widely Ignored' - Author and media critic Frank Rich will later note, “With America’s March 17 deadline for war (see March 17, 2003 and March 17, 2003) dominating the news, ElBaradei’s pronoucements were widely ignored. The news of the forged uranium documents did not make any of the three network evening newscasts and did not appear in the following day’s New York Times. (It would turn up a day later, in a four-hundred word story on page A13.)” [Rich, 2006, pp. 71]
Entity Tags: Corrine Heraud, Ari Fleischer, Colin Powell, Dominique de Villepin, Patrick Lang, Frank Rich, Mohamed ElBaradei, International Atomic Energy Agency, Joseph C. Wilson, United Nations Monitoring, Verification and Inspection Commission, Igor Ivanov, Hans Blix
Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing
Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture. [Source: CBC]9/11 planner Khalid Shaikh Mohammed, after being detained and abused for three days in US custody in Afghanistan (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003), is transferred to another CIA-run facility in Poland. [New Yorker, 8/6/2007; New York Review of Books, 3/15/2009] The facility is later identified as Stare Kiejkuty, a secret prison near the Szymany military airbase. Mohammed is flown in on a Gulfstream N379P jet known to prison officials as “the torture taxi.” The plane is probably piloted by “Jerry M,” a 56-year-old pilot for Aero Contractors, a company that transfers prisoners around the world for US intelligence agencies. [Der Spiegel (Hamburg), 4/27/2009] He is dressed in a tracksuit, blindfolded, hooded, has sound-blocking headphones placed over his ears, and is flown “sitting, leaning back, with my hands and ankles shackled in a high chair,” as he will later tell officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). He later says he manages to sleep a few hours, for the first time in days. Upon arrival, Mohammed is stripped naked and placed in a small cell “with cameras where I was later informed by an interrogator that I was monitored 24 hours a day by a doctor, psychologist, and interrogator.” The walls are wooden and the cell measures some 10 by 13 feet. [New York Review of Books, 3/15/2009; Der Spiegel (Hamburg), 4/27/2009]
'I Would Be Brought to the Verge of Death and Back Again' - As he will later recall, it was in this detention camp that “the most intense interrogation occurred, led by three experienced CIA interrogators, all over 65 years old and all strong and well trained.” The interrogators tell him that they have received the “green light from Washington” to give him “a hard time” (see Late September 2001 and September 25, 2002). As he will later recall: “They never used the word ‘torture’ and never referred to ‘physical pressure,’ only to ‘a hard time.’ I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the ‘verge of death and back again.‘… I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor.” When he falls asleep, “all my weight [is] applied to the handcuffs around my wrist resulting in open and bleeding wounds.” The ICRC will later confirm that Mohammed bears scars consistent with his allegations on both wrists and both ankles. “Both my feet became very swollen after one month of almost continual standing.”
Interrogations - He is interrogated in a different room, in sessions lasting anywhere from four to eight hours, and with a wide variety of participants. Sometimes women take part in the interrogations. A doctor is usually present. “If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head, and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe. The beatings and use of cold water occurred on a daily basis during the first month.”
'Alternative Procedures' - The CIA interrogators use what they will later call “alternative procedures” on Mohammed, including waterboarding (see After March 7, 2003) and other techniques. He is sprayed with cold water from a hose-pipe in his cell and the “worst day” is when he is beaten for about half an hour by one of the interrogators. “My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators.” He is then waterboarded until a doctor intervenes. He gets an hours’s sleep and is then “put back in my cell standing with my hands shackled above my head.” He sleeps for a “few minutes” on the floor of cell after the torture sessions, but does not sleep well, “due to shackles on my ankles and wrists.” The toilet consists of a bucket in the cell, which he can use on request, but “I was not allowed to clean myself after toilet during the first month.” In the first month he is only fed on two occasions, “as a reward for perceived cooperation.” He gets Ensure [a liquid nutritional supplement] to drink every four hours. If he refuses it, “then my mouth was forced open by the guard and it was poured down my throat by force.” He loses 18 kg in the first month, after which he gets some clothes. In addition, “Artificial light was on 24 hours a day, but I never saw sunlight.” [New York Review of Books, 3/15/2009]
Deliberately False Information - As he will later tell ICRC officials, he often lies to his interrogators: “During the harshest period of my interrogation, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop.… I’m sure that the false information I was forced to invent… wasted a lot of their time and led to several false red-alerts being placed in the US.” [New York Review of Books, 3/15/2009] It will later be reported that up to 90 percent of Mohammed’s confessions may be unreliable. Furthermore, he will recant many of his statements (see August 6, 2007).
Representative Curt Weldon. [Source: H. Rumph Jr / Associated Press]Congressman Curt Weldon (R-PA) becomes embroiled in a plot by Iranian arms dealer Manucher Ghorbanifar to contrive a secret uranium exchange between Iran and Iraq. According to Ghorbanifar’s story (see January 11, 2006), just before the March 2003 invasion of Iraq, a team of Iranian intelligence agents infiltrated Iraq and stole enriched uranium for use in Iran’s nuclear weapons program. The story is later proven to be false, and based on a desire for money and to embroil Iran and Iraq in a spurious WMD plot. After first being contacted by a mysterious Iranian source through a friend and a colleage on March 7, Weldon repeatedly flies to Paris to meet with the source he later calls “Ali,” who is later shown to be Fereidoun Mahdavi, a former minister in the Shah’s Iran who now works as a secretary for Ghorbanifar. Mahdavi has already tried, and failed, to interest several Western intelligence agencies in the stolen uranium tale. He finds Weldon to be far more credulous than the intelligence agencies. According to an intelligence source interviewed in 2006, “Ali provided information that indicated Iranian intelligence had sent a team to Baghdad to extract highly enriched uranium from a stockpile hidden by Saddam Hussein.” Ali tells Weldon that an Iranian intelligence team infiltrated Iraq and stole the uranium for Iran’s nuclear weapons program. According to the story, “the team successfully extracted the stockpile but on the way back to Iran contracted radiation poisoning.” Weldon immediately informs CIA Director George Tenet. Weldon will later write in his book Countdown to Terror: “Tenet appeared interested, even enthusiastic about evaluating Ali and establishing a working relationship with him. He agreed to send his top spy, Stephen Kappes, the deputy director of operations, along with me to Paris for another debriefing of Ali.… On the day of our scheduled second meeting with Ali in Paris, Kappes bowed out, claiming that ‘other commitments’ compelled him to cancel. Later, the CIA claimed to have met with Ali independently. But I discovered this to be untrue.… Incredibly, I learned that the CIA had apparently asked French intelligence to silence Ali.” Weldon is wrong; the CIA’s Paris station chief, Bill Murray, investigates the claims and finds Ghorbanifar (whom either he or the agency mistakenly believes to be “Ali”) to be what the agency calls a “fabricator.” Murray goes so far as to take either Ghorbanifar or Mahdavi to Iraq to have them retrace the route of the Iranian intelligence mission. “Ali” is unable to do so, and Murray learns that the entire story was concocted in hopes of a large payoff: “Soon it became apparent that Ali and his sources were fabricators and were trying to extract large sums of money,” one intelligence source will say. (Murray will later deny going to Iraq with either Ghorbanifar or Mahdavi, but will call “the source” “not credible.… The sensational charges that the source made could not be substantiated.” Weldon, not to be denied, takes his story to Defense Secretary Donald Rumsfeld, who pressures the CIA to investigate further. One former CIA officer later says, “CIA reluctantly, after pressure from Rumsfeld, followed up by detaching one of their weapons experts from the team that was hunting WMD in Iraq.” Again, this effort proves that Ghorbanifar’s story is completely false. In 2006, reporter Larisa Alexandrovna will call Weldon an “innocent bystander taken in by an internationally known con man and the lure of spook-like activities than an inside player with an agenda or material participant in these events. The Ali composite seems to have used Weldon as a conduit by which to provide the CIA with information.” One intelligence official will observe, “If you were going to launder intel to make up a war, you could easily send some fool on an errand.” [Raw Story, 1/11/2006] Weldon will meet again with Mahdavi, and will write about a lurid Iranian terror plot, the “12th Imam” scheme, based on his tales (see June 8, 2005 and Mid-July 2005). He will claim that the CIA has “routinely” ignored “credible” information about these and other plots.
An ill Saud Memon shortly before his death. [Source: Daily Times]Saud Memon, a Pakistani businessman who owns the land where Wall Street Journal report Daniel Pearl is killed in late January 2002 (see January 31, 2002), apparently flees Pakistan for fear of being arrested for Pearl’s death. According to later newspaper accounts in Pakistan and India, Memon is arrested by the FBI in South Africa on March 7, 2003. He is kept at Guantanamo prison for more than two years and then handed over to Pakistani authorities. On April 28, 2007, some unknown men drop Memon in front of his house in Pakistan. He is deathly ill and unable to speak or recognize people. He dies less than one month later on May 18, 2007. Memon has been the top name on the list of Pakistan’s most wanted. In addition to having a suspected role in Pearl’s death, he helped fund the Al Rashid Trust, which has been banned for being an al-Qaeda front. While some suspect a US and/or Pakistan government role in Memon’s disappearance, it is not known for sure what happened to him for those four years. [Associated Press, 5/18/2007; Daily Times (Lahore), 5/19/2007; Indo-Asian News Service, 5/19/2007]
After the International Atomic Energy Agency (IAEA) reports that the Niger documents (see March 2000) are not authentic (see March 7, 2003), the US and British governments stand behind their claim that Iraq had sought uranium from an African country. The two countries maintain that they have additional evidence—from multiple sources—but do not elaborate. Pressed by journalists and inspectors to reveal their evidence, the two governments refuse. The IAEA tells Reuters that when it asked the US and Britain whether or not they have additional evidence that Iraq had tried to procure uranium, the answer was “no.” [Reuters, 3/26/2003]
'Information Blackout' - Additionally, an informed UN official tells the Washington Post that the US and Britain were repeatedly asked for more information. Neither government, the official explains, “ever indicated that they had any information on any other country.” [Washington Post, 3/22/2003] An unnamed Western diplomat tells the Independent: “Despite requests, the British Government has provided no such evidence. Senior officials at the agency think it is involved in an information black-out.” [Independent, 7/17/2003]
British Stick With Story Even after US Backs Away - The British will hold to their story even after top US officials admit (see 3:09 p.m. July 11, 2003) that Bush should not have included the claim in his State of the Union speech.(see 9:01 pm January 28, 2003) [New York Times, 7/8/2003; Independent, 7/20/2003]
Additional Evidence Initially Believed to be French Intel Reports - The London Times will later suggest that Britain’s additional evidence consisted of reports provided by the French in 1999 alleging that Iraqi diplomat Wissam al-Zahawie’s visit to Niger (see February 1999) was aimed at securing a deal to purchase uranium. [Sunday Times (London), 11/6/2005] As one British foreign official explains to the Independent: “Niger has two main exports—uranium and chickens. The Iraqi delegation did not go to Niger for chickens.” But Al-Zahawie disputes this. “My only mission was to meet the president of Niger and invite him to visit Iraq,” he tells the Independent. “The invitation and the situation in Iraq resulting from the genocidal UN sanctions were all we talked about. I had no other instructions, and certainly none concerning the purchase of uranium…. I have been cleared by everyone else, including the US and the United Nations. I am surprised to hear there are still question marks over me in Britain. I am willing to cooperate with anyone who wants to see me and find out more.” [Independent, 8/10/2003; New Yorker, 10/27/2003]
Actual Evidence Provided by Italian Reports Based on Forged Documents - Later reporting will reveal that the main source for Britain’s Africa-uranium allegation was in fact an Italian intelligence report (see Mid-October 2001) that traced back to the forged Niger documents. [La Repubblica (Rome), 10/24/2005; La Repubblica (Rome), 10/25/2005] “I understand that it concerned the same group of documents and the same transaction,” an unnamed Western diplomat close to the International Atomic Energy Agency later tells the Daily Mail. [Agence France-Presse, 7/15/2003]
The US Army Corps of Engineers awards Halliburton subsidiary, Kellogg, Brown & Root (KBR), a sole-source monopoly contract to repair and operate Iraq’s oil infrastructure. The contract is awarded in secrecy without any competing bids from other qualified companies. Halliburton will eventually charge the government $2.4 billion for its work. The Defense Contract Audit Agency will find that about $263 million of these costs are either questionable or unsupported. Despite this, the US Army will pay Halliburton all but $10.1 million, or 3.8 percent, of the disputed costs. [New York Times, 2/27/2006; US Congress, 3/28/2006, pp. 3-4 ]
Brent Scowcroft, still a member of the Foreign Intelligence Advisory Board even though he is virtually frozen out of any administration dialogue concerning Iraq (see October 16, 2001 and March 2002), tells the National Journal: “During the campaign, [President Bush] made some strong statements about putting more stock in [coalitions]. Clearly, that hasn’t happened.” Ultimately, Scowcroft says: “such a ‘go it alone’ doctrine is fundamentally, fatally flawed.… [I]t’s already given us an image of arrogance and unilateralism, and we’re paying a very high price for that image. If we get to the point where everyone secretly hopes the United States gets a black eye because we’re so obnoxious, then we’ll be totally hamstrung in the war on terror. We’ll be like Gulliver with the Lilliputians.” [Unger, 2007, pp. 292]
Dr. Stephen Zunes. [Source: Mother Jones]Author and professor of politics Stephen Zunes writes a lengthy, point-by-point rebuttal to President George Bush’s February 28 speech, in which Bush claimed that overthrowing Saddam Hussein will bring peace and democracy to the Middle East (see February 26, 2003). Zunes calls the speech “sanctimonious and highly misleading,” and decries the fact that while it received plenty of media attention, it garnered little critical response in the press.
No Proof of Iraqi WMD Nor Terrorist Ties - Zunes notes that Bush offered no proof of Iraqi WMD, nor how, if Iraq indeed has such weapons, it could dominate the Middle East, as Bush said. And, if Bush knows where the Iraqi WMD are, Zunes asks, why hasn’t he told the United Nations Monitoring, Verification, and Inspection Commission (UNMOVIC), “which has a mandate to destroy them?” Neither has Bush submitted any evidence of Iraq’s ties to terrorist organizations.
Food, Medicine Shortages Due to US-Led Sanctions - Bush’s sympathy towards the privations and misery of the Iraqi people are undermined, Zunes writes, by the fact that “[t]he scarcity of basic food and medicines are a direct result of the US-led sanctions against Iraq.” He calls Bush’s promises of assistance “woefully inadequate.”
US Has Long Record of Exerting Control over Middle Eastern Oil - Bush’s reassurances that Iraq’s oil will be used to benefit its people are hard to swallow, Zunes says, given the US’s long record of exerting its own control over Middle Eastern oil reserves (see August 19, 1953).
Comparison between Iraq, World War II Axis Historically Invalid - Zunes finds Bush’s comparison of Iraq to World War II-era Japan and Germany completely without historical basis.
Unlikely Overthrow Will Bring Peaceful Palestinian Autonomy - He finds no more validity in Bush’s assertion that overthrowing Hussein will lead to peaceful Palestinian autonomy, noting that as long as the US supports Israel’s harsh policies against the Palestinians, peace and autonomy are unlikely outcomes, and also noting that Bush blocked the publication of the “road map for peace” brokered by the US, the UN, Russia, and the European Union for fear that it might lead to the election loss of Israeli Prime Minister Ariel Sharon.
Bush's Concern for UN, International Relations Hard to Believe - And Zunes will not be convinced of Bush’s internationalist leanings, given his administration’s penchant for sabotaging, ignoring, and breaking international treaties (see March 7, 2001, March 27, 2001, July 9, 2001, July 23-25, 2001, November 19, 2001-December 7, 2001, December 13, 2001, December 31, 2001, August 28, 2002, and September 20, 2002). As for the UN “fulfill[ing] its founding purpose” by accepting the resolution for war, Zunes will note, “The founding purpose of the UN Security Council is to protect international peace and security, not to legitimize the invasion of one country by another.” If people around the world are truly interested in freedom, Zunes will conclude, they “must work even harder to stop President Bush from invading Iraq.” [Foreign Policy In-Focus, 3/8/2003]
After being transferred from Afghanistan to Poland (see March 7 - Mid-April, 2003), alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is repeatedly waterboarded by the CIA, a technique simulating drowning that international law classifies as torture. He is only one of about four high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [New Yorker, 8/6/2007; MSNBC, 9/13/2007; New York Review of Books, 3/15/2009] He will recall: “I would be strapped to a special bed, which could be rotated into a vertical position. A cloth would be placed over my face. Cold water from a bottle that had been kept in a fridge was then poured onto the cloth by one of the guards so that I could not breathe.… The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about one hour. Injuries to my ankles and wrists also occurred during the waterboarding as I struggled in the panic of not being able to breathe. Female interrogators were also present… and a doctor was always present, standing out of sight behind the head of [the] bed, but I saw him when he came to fix a clip to my finger which was connected to a machine. I think it was to measure my pulse and oxygen content in my blood. So they could take me to [the] breaking point.” [New York Review of Books, 3/15/2009] Accounts about the use of waterboarding on KSM differ. He says he is waterboarded five times. [New York Review of Books, 3/15/2009] However, contradictory reports will later appear:
NBC News will claim that, according to multiple unnamed officials, KSM underwent at least two sessions of waterboarding and other extreme measures before talking. One former senior intelligence official will say, “KSM required, shall we say, re-dipping.” [MSNBC, 9/13/2007]
In 2005, former and current intelligence officers and supervisors will tell ABC News that KSM “won the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess.” [ABC News, 11/18/2005] In 2007, a former CIA official familiar with KSM’s case will tell ABC News a sligntly different version of events: “KSM lasted the longest under waterboarding, about a minute and a half, but once he broke, it never had to be used again.” A senior CIA official will claim that KSM later admitted he only confessed because of the waterboarding. [ABC News, 9/14/2007] In November 2005, John Sifton of Human Rights Watch will say of waterboarding, “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law.” [ABC News, 11/18/2005]
The New York Times will claim that “KSM was subjected to intense and repeated torture techniques that, at the time, were specifically designated as illegal under US law.” Some claim that KSM gives useful information. “However, many of the officials interviewed say KSM provided a raft of false and exaggerated statements that did not bear close scrutiny—the usual result, experts say, of torture.” CIA officials stopped the “extreme interrogation” sessions after about two weeks, worrying that they might have exceeded their legal bounds. Apparently pressure to stop comes from Jack Goldsmith, head of the Justice Department’s Office of Legal Counsel, who is troubled about updates from KSM’s interrogations and raises legal questions. He is angrily opposed by the White House, particularly David Addington, a top aide to Vice President Dick Cheney. [New York Times, 10/4/2007]
The New Yorker will report that officials who have seen a classified Red Cross report say that KSM claims he was waterboarded five times. Further, he says he was waterboarded even after he started cooperating. But two former CIA officers will insist that he was waterboarded only once. One of them says that KSM “didn’t resist. He sang right away. He cracked real quick. A lot of them want to talk. Their egos are unimaginable. KSM was just a little doughboy.” [New Yorker, 8/6/2007]
A different ABC News account will claim that KSM was al-Qaeda’s toughest prisoner. CIA officers who subject themselves to waterboarding last only about 14 seconds, but KSM was able to last over two minutes. [ABC News, 11/18/2005]
In 2009, evidence will surface that indicates KSM was waterboarded up to 183 times (see April 16, 2009 and April 18, 2009).
The CIA intelligence report on former ambassador Joseph Wilson’s trip to Niger to find the reality of the allegation that Iraq had tried to buy uranium from that country (see February 21, 2002-March 4, 2002) is disseminated within the government. In addition, some time around this date Vice President Dick Cheney asks his CIA briefer “for an update on the Niger uranium issue,” according to subsequent reports by the Senate Intelligence Committee. CIA officials ensure that the agency’s Weapons Intelligence, Nonproliferation, and Arms Control bureau (WINPAC) receives a copy of the Wilson report. [Wilson, 2007, pp. 189]
While many in the Bush administration continue to insist that the claims of Iraq attempting to buy uranium from Niger are valid (see March 7, 2003-July 7, 2003), even in the face of a thorough debunking by the International Atomic Energy Agency (see March 7, 2003), some officials are quietly admitting that the administration was duped. “We fell for it,” says one unnamed State Department official who reviewed the documents. Meanwhile, Secretary of State Colin Powell says that the administration has “new information” suggesting that Iraq continues to try to get nuclear weapons components such as the suspicious aluminum tubes (see October 6, 2002). David Albright of the Institute for Science and International Security retorts, “Despite being presented with the falseness of this claim, the administration persists in making misleading arguments about the significance of the tubes.” [Washington Post, 3/8/2003] Former ambassador Joseph Wilson will note that the administration “had chosen to ignore three reports that had been in their files for nearly a year: mine (see March 4-5, 2002) as well as two others—one submitted by the American ambassador to Niger, Barbro Owens-Kirkpatrick (see November 20, 2001) and the other by four-star Marine Corps General Carlton Fulford (see February 24, 2002), who had also traveled there. Instead, the administration chose to give credence to forgeries so crude that even Panorama, the Italian weekly magazine that first received them, had declined to publish (see October 9, 2002). The administration had ample evidence that there was nothing to the uranium charge but went ahead and placed the inflammatory claim in the State of the Union address anyway.” [Wilson, 2004, pp. 2-3]
One day after the UN and the International Atomic Energy Agency (IAEA) issue a report debunking the allegations that Iraq attempted to purchase uranium from Niger (see March 7, 2003), a State Department spokesman says of the forged documents at the heart of the allegation, “We fell for it” (see March 8, 2003). Former ambassador Joseph Wilson is “astounded” at the State Department’s reaction, as he will recall a year later. Wilson had himself debunked the allegations more than a year earlier (see February 21, 2002-March 4, 2002). He tells CNN national security reporter David Ensor that the State Department spokesman “had not spoken accurately.” Wilson does not tell Ensor about his own trip to Niger, nor of the other reports debunking the uranium claims (see February 24, 2002). He does not tell Ensor that “nobody in the management chain of command” at State’s African Bureau “had ever believed there was anything to the story that a spokesman was now claiming they ‘fell for.’” Wilson decides to expose the administration’s duplicity to the public. Appearing on CNN, Wilson is asked a question provided to the interviewer by Ensor, and replies that the State Department knows far more than it is telling about the Iraq-Niger claim. The government should check its files, Wilson says (see March 8, 2003). “We know a lot about the uranium business in Niger,” he says, “and for something like this to go unchallenged by US—the US government is just simply stupid. It would have taken a couple of phone calls. We have had an embassy there since the early ‘60s. All this stuff is open. It’s a restricted market of buyers and sellers. The Nigerians [sic] have always been very open with us. For this to have gotten to the IAEA is on the face of it dumb, but more to the point, it taints the whole rest of the case that the government is trying to build against Iraq.” Wilson adds that when one such piece of evidence is found to be false, “it casts doubt on every other bit of evidence.” Worse, “I think it’s safe to say that the US government should have or did know that this report was a fake before [the IAEA’s Mohamed] ElBaradei mentioned it in his report at the UN yesterday.” Wilson is openly dismissive of the State Department official who said, “We fell for it” (see March 8, 2003). He says: “That’s just not good enough. Either he’s being disingenuous, or he shouldn’t be drawing a government paycheck.” Wilson later learns that it is this CNN appearance that prompts the White House to produce a “workup” on him for the office of the vice president (see March 9, 2003 and After). [CNN, 3/8/2003; Wilson, 2004, pp. 325-326]
CIA manager Alfreda Frances Bikowsky takes an unauthorized trip to see alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) being waterboarded in Poland (see After March 7, 2003). Based on information from “two well-informed agency sources,” author Jane Mayer will write that Bikowsky is “so excited” by KSM’s capture that she flies “at government expense to the black site where Mohammed was held so that she could personally watch him being waterboarded.” However, according to Mayer, she is not an interrogator and has “no legitimate reason to be present during Mohammed’s interrogation.” A former colleague will say she went because, “She thought it would be cool to be in the room.” Her presence during KSM’s torture seems “to anger and strengthen his resolve, helping him to hold out longer against the harsh tactics used against him.” Bikowsky will later be reprimanded for this, and, in Mayer’s words, “superiors at the CIA scold […] her for treating the painful interrogation as a show.” A former colleague will say: “She got in some trouble. They told her, ‘It’s not supposed to be entertainment.’” [Mayer, 2008, pp. 273] Bikowsky may be interviewed by the CIA inspector general’s probe into torture (see July 16, 2003) and will later be considered for the position of deputy station chief in Baghdad (see (March 23, 2007)).
The United Nations launches an investigation into the electronic and physical surveillance of a number of its Security Council delegates by the National Security Agency (see January 31, 2003). The NSA operation, revealed the week before, was apparently leaked to Britain’s Observer by Katharine Gun, who works at Britain’s Government Communications Headquarters (GCHQ) and has been arrested on suspicion of breaking Britain’s Official Secrets Act (see February 2003). The NSA also solicited the assistance of an intelligence agency of an unnamed “friendly foreign government”; it is believed to be Britain. The leak is touted as “more timely and potentially more important than the Pentagon Papers” by celebrated whistleblower Daniel Ellsberg. The leak of the NSA surveillance program has caused deep embarrassment for the Bush administration, which is working to recruit supporters for a second UN resolution authorizing military force against Iraq (see February 24, 2003). The authorization for the NSA operation is believed to have come from National Security Adviser Rice, but US intelligence experts say that such a decision would have had to involve Defense Secretary Donald Rumsfeld, CIA Director George Tenet, and NSA Director Michael Hayden. President Bush, by necessity, would have been informed of the proposed operation at one of his daily intelligence briefings. While such surveillance of foreign diplomats at the UN is legal under the US’s Foreign Intelligence Surveillance Act (FISA), it violates the Vienna Convention on Diplomatic Relations. According to international law expert Dr. John Quigley, the Vienna Convention stipulates: “The receiving state shall permit and protect free communication on the part of the mission for all official purposes…. The official correspondence of the mission shall be inviolable.” [Observer, 3/9/2003]
Entity Tags: United Nations Security Council, United Nations, National Security Agency, Vienna Convention on Diplomatic Relations, Michael Hayden, John Quigley, Condoleezza Rice, Katherine Gun, Donald Rumsfeld, Foreign Intelligence Surveillance Act, George W. Bush, Government Communications Headquarters, George J. Tenet, Daniel Ellsberg
Timeline Tags: Events Leading to Iraq Invasion
A New York Times article reports that the US government is rendering suspects abroad (see 1993) and that “stress and duress” techniques are being used at the secret CIA interrogation center located in a hangar at Bagram Air Base in Afghanistan (see October 2001). “Intelligence officials… acknowledged that some suspects had been turned over to security services in countries known to employ torture. There have been isolated, if persistent, reports of beatings in some American-operated centers,” the article claims. [New York Times, 3/9/2003; Human Rights Watch, 5/7/2004]
National Security Adviser Condoleezza Rice goes on to speculate on CBS Face the Nation that Hussein may eventually decide to “enlist” al-Qaeda to attack the United States. “Now the al-Qaeda is an organization that’s quite disbursed and—and quite widespread in its effects, but it clearly has had links to the Iraqis, not to mention Iraqi links to all kinds of other terrorists. And what we do not want is the day when Saddam Hussein decides that he’s had enough of dealing with sanctions, enough of dealing with, quote, unquote, ‘containment,’ enough of dealing with America, and it’s time to end it on his terms, by transferring one of these weapons, just a little vial of something, to a terrorist for blackmail or for worse.” [Face the Nation, 3/9/2003; US House Committee on Government Reform, 3/16/2004]
Neoconservative and Defense Policy Board (DPB) member Richard Perle calls journalist Seymour Hersh a “terrorist” to a CNN audience. Hersh has published an article speculating that Perle’s investments in firms providing homeland security services put him in the position of profiting off of an invasion of Iraq, and subject to conflict of interest charges (see March 17, 2003). Perle retorts that Hersh is “the closest thing American journalism has to a terrorist.” Host Wolf Blitzer twice asks Perle why he calls Hersh a terrorist, giving Perle the chance to call Hersh “widely irresponsible” and say, “[T]he suggestion that my views are somehow related for the potential for investments in homeland defense is complete nonsense.” Perle continues, “[Hersh] sets out to do damage and he will do it by whatever innuendo, whatever distortion he can…” Blitzer concludes the interview by saying: “All right. We’re going to leave it right there.” [CNN, 3/9/2003; Unger, 2007, pp. 256] Later in the month, Perle will resign from the DPB over his conflicts of interest as detailed by Hersh (see March 27, 2003).
A day after former ambassador Joseph Wilson appears on CNN questioning the validity of the administration’s claims about the Iraq-Niger uranium purchase (see March 8, 2003), Vice President Dick Cheney and Deputy National Security Adviser Stephen Hadley begin a campaign to discredit him. The information comes from senior sources within the State Department, the CIA, and the National Security Council (NSC), all with direct knowledge of the campaign, and from Wilson himself. The sources will say that they and other officials are directed to unearth or “invent” embarrassing information on Wilson that could be used against him in public. Aides in the Office of the Vice President and others, including the sources, prepare a “workup” on Wilson, including memos and classified material on him for Cheney and the NSC. Officials meet regularly in Cheney’s office to discuss the progress of the campaign with Cheney, Hadley, and other officials.
Visit to CIA Headquarters - According to an official in the CIA’s Counterproliferation Division (CPD), Cheney and Hadley visit the CIA the day after Wilson’s interview on CNN. Cheney’s original target for discrediting was not Wilson, but David Albright, the former UN weapons inspector who has also challenged the credibility of the Iraq-Niger claims and the rationale for invading Iraq (see March 8, 2003). Cheney asked several CIA officials to find “dirt” on Albright for use in discrediting him in the media. At the outset, the CIA official will say: “Vice President Cheney was more concerned with Mr. Albright. The international community had been saying that inspectors should have more time, that the US should not set a deadline. The vice president felt Mr. Albright’s remarks would fuel the debate.” The CIA will eventually send a “binder” to Cheney’s office containing information about Albright; it is not clear to what, if any, use that information is put.
Cheney 'Enraged' - But Wilson’s appearance on CNN and his public ridicule of the Iraq-Niger uranium claim enraged Cheney, who saw Wilson’s comments as a personal attack against him. Hadley also took an interest in Wilson’s remarks because he personally allowed the Iraq-Niger claim to remain in Bush’s State of the Union address (see 9:01 pm January 28, 2003) even after being informed that the documents the claim was based upon were forgeries. Both Cheney and Hadley view Wilson as a possible impediment to the public’s acceptance of the impending Iraq invasion. Cheney chairs a meeting in his office the day after Wilson’s appearance on CNN, attended by, among others, Hadley, White House political guru Karl Rove, Cheney’s chief of staff Lewis “Scooter” Libby, Cheney’s deputy national security adviser John Hannah, and several officials from the CIA and State Department, including the officials who will later discuss the matter with the press. “The way I remember it,” says the CIA official, “is that the vice president was obsessed with Wilson. He called him an ‘_sshole,’ a son-of-a-b_tch. He took his comments very personally. He wanted us to do everything in our power to destroy his reputation and he wanted to be kept up to date about the progress.” Hadley says he will write an editorial about the Iraqi threat that should offset Wilson’s remarks; the State Department will redistribute a February 16, 2003 editorial by Hadley that appeared in the Chicago Tribune to newspaper editors around the country. Cheney will appear on NBC’s Meet the Press to refute the challenges to the Iraq-Niger claims (see March 16, 2003). [Truthout (.org), 2/9/2006] In 2004, Wilson will write: “I learned that a meeting right around the time of this particular CNN appearance (see March 8, 2003) led to the decision to produce a ‘workup’ on me for the Office of the Vice President. It was not made clear to me whether Dick Cheney himself attended this meeting, although I was told that senior members of his staff and quite possibly other senior Republicans, including former Speaker of the House Newt Gingrich, were present and that Gingrich actively participated in a strategy session, the objective of which was to figure out how to discredit me.” [Wilson, 2004, pp. 326-327]
False Allegations of 'Womanizing,' Drug Use - Within days, officials in the CIA, NSC, and State Department pass on information to Cheney and Libby that purportedly shows Wilson is a “womanizer” who had occassionally used drugs in his youth; the sources later say that the allegations are entirely false. The sources will say that they are unsure the material was ever used to discredit Wilson, since after the war began on March 19, the media lost interest in Wilson’s warnings. [Truthout (.org), 2/9/2006] Wilson later writes that the meeting about him does “not include discussion of how the president and his senior staff might address the indisputable, if inconvenient, fact that the allegation I had made was true. In other words, from the very beginning, the strategy of the White House was to confront the issue as a ‘Wilson’ problem rather than as an issue of the lie that was in the State of the Union address.… The immediate effect of the workup, I am told by a member of the press, citing White House sources, was a long harangue against the two of us within the White House walls. Over a period of several months, Libby evidently seized opportunities to rail openly against me as an ‘assh_le playboy’ who went on a boondoggle ‘arranged by his CIA wife’—and was a Democratic Gore supporter to boot.” [Wilson, 2004, pp. 441-442]
New Interest in Wilson - Cheney’s interest in Wilson will be renewed in May 2003 (see May 2003), when Wilson informs New York Times columnist Nicholas Kristof that he was the special envoy who had gone to Niger in February 2002 to investigate the uranium claims (see February 21, 2002-March 4, 2002).
Entity Tags: Office of the Vice President, National Security Council, David Albright, Lewis (“Scooter”) Libby, Joseph C. Wilson, John Hannah, Karl C. Rove, Richard (“Dick”) Cheney, CNN, Central Intelligence Agency, US Department of State, Newt Gingrich, Stephen J. Hadley, Valerie Plame Wilson
Timeline Tags: Niger Uranium and Plame Outing
John Brown, PhD.—a career US diplomat of 22 years, who has served in London, Prague, Krakow, Kiev, Belgrade and Moscow—submits his letter of resignation to Secretary of State Colin Powell. “I am joining my colleague John Brady Kiesling in submitting my resignation from the Foreign Service—effective immediately—because I cannot in good conscience support President Bush’s war plans against Iraq,” he says, noting, “Throughout the globe, the United States is becoming associated with the unjustified use of force.… The President’s disregard for views in other nations, borne out by his neglect of public diplomacy, is giving birth to an anti-American century.” His resignation follows that of Kiesling two weeks earlier (see Late February 2003) and precedes that of Mary Wright a week later (see March 19, 2003). [Brown, 3/10/2003]
The Environmental Protection Agency grants the oil and gas industry a two-year reprieve from regulations aimed at reducing contaminated water run-off from construction sites. The Clinton-era EPA phase II stormwater pollution rule “A”
—scheduled to go into effect on this day—requires that companies obtain National Pollutant Discharge Elimination System permits for construction sites between 1 and 5 acres. But the EPA has decided that the Clinton administration had underestimated the rule’s impact on the oil and gas industry. In addition to granting the two-year reprieve, the agency says it will also consider giving the industry a permanent exemption. [Associated Press, 3/10/2003; Business and Legal Reports, 3/14/2003]
The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band. [Source: Associated Press / Guardian]The Dixie Chicks, a modern country band from Texas, plays a concert in London. The band consists of three singers and multi-instrumentalists, Natalie Maines, Martie Maguire, and Emily Robison, and backing musicians. During the show, Maines says to the audience: “Just so you know, we’re on the good side with y’all. We do not want this war, this violence, and we’re ashamed that the president of the United States is from Texas.” The London Guardian, in a review of the show, reports the comments on March 12. Within days, Maines and the Dixie Chicks become the targets of intense and heavy criticism from conservative commentators and Bush supporters in the United States. Country music radio stations across the nation begin dropping their songs from their playlists, even though the Chicks currently have the top song in country music airplay, “Travelin’ Man.” Radio stations set up trash cans outside their stations for listeners to publicly discard their Dixie Chicks CDs, and some radio stations hold “disc-burning” and “disc-smashing” festivals featuring bonfires and tractors. Two radio station chains, Cox and Cumulus, ban the Chicks from being played on all the stations they own. Critics on Fox News and conservative radio shows nickname the band “the Dixie Sluts,” “Saddam’s Angels,” and other monikers. Country musician Toby Keith, a conservative and frequent guest on Fox News and radio talk shows, begins using a backdrop at his concerts featuring a photo montage putting Maines together with Saddam Hussein. Maines reluctantly accepts 24-hour security from the barrage of death threats she receives. She quickly issues an apology, saying, “Whoever holds that office [the presidency] should be treated with the utmost respect,” but the apology makes little difference to many. Indeed, the band does not back away from its position: Robison will later say: “Everybody talks about how this war was over quickly and not that many people died. Tell that to the parents of people coming home in body bags.… Natalie’s comment came from frustration that we all shared—we were apparently days away from war (see March 19, 2003) and still left with a lot of questions.” Maines will later say: “The thing is, it wasn’t even a political statement. It was a joke made to get cheers and applause and to entertain, and it did. But it didn’t entertain America.” Maines will later say the controversy starts on a right-wing message board and blog called Free Republic. Music producer and comedian Simon Renshaw, a close friend of the band members, agrees with Maines, saying: “The extreme right-wing group, for their own political reasons, are attempting to manipulate the American media, and the American media is falling for it. The Free Republic is very well organized. There’s definitely a Free Republic hit list with all of the radio stations they’re trying to affect, and they are totally focused, and the girls are going to get whacked.” Documentary maker Barbara Kopple, who is making a film about the group, will later say: “[The c]ountry music [industry] put[s] sort of their musicians in a box, and they’re expected to be very conservative in their leanings, and these were three all-American girls that nobody ever expected this from. So when Natalie made her statement, it was as if she had betrayed country music. There was a massive boycott on playing any of their music. There was this group called the Free Republic that immediately got on Web sites and blogs and everything else to make sure that their music was not shown, their CDs were trampled, and for this, they even got death threats. So they had to have bomb-sniffing dogs, they had security, and nothing could stop these women from playing.” Kopple cites one example of a very specific and credible death threat issued for a July 6, 2003 concert in Dallas, but the three band members insist on playing, and the concert goes off without incident. In April 2003, Maines says: “People think this’ll scare us and shut us up and it’s gonna do the opposite. They just served themselves a huge headache.” [Guardian, 3/12/2003; Guardian, 4/25/2003; Democracy Now!, 2/15/2007] Eventually, their CD sales begin to rebound, and in 2007, they will win five Grammy awards, an accomplishment many will see as a vindication of the Dixie Chicks’s music and their right to freedom of speech, as well as something of a repudiation of the Nashville-based country music industry. Music executive Jeff Ayeroff will note that “the artist community… was very angry at what radio did, because it was not very American.” Music executive Mike Dungan, a powerful member of the country music industry, says of the awards, “I think it says that, by and large, the creative community sees what has happened to the Dixie Chicks as unfair and unjust.” [New York Times, 2/13/2007]
Deputy Defense Secretary Paul Wolfowitz, in a speech to a Veterans of Foreign Wars conference, says: “The Iraqi people understand what this crisis is about. Like the people of France in the 1940s, they view us as their hoped-for liberator. They know that America will not come as a conqueror. Our plan, as President Bush has said, is to remain as long as necessary, and not one day more. And the Iraqis also recognize that the economic and political reconstruction of their country will be difficult. It will take their best efforts with the help of the United States and our coalition partners. But they are driven by the dream of a just and democratic society in Iraq.” [Washington Post, 3/29/2003; US Congress, 6/25/2004]
Wanted poster for John Doe #2, left, and Jose Padilla, right.
[Source: Public domain, via Village Voice]A judge reaffirms the right of Jose Padilla, a US citizen being held as an “enemy combatant,” to meet with a lawyer (see June 10, 2002; December 4, 2002). The same judge ruled that he could meet with a lawyer in December 2002, but the government continues to challenge the ruling and continues to block his access to a lawyer. [Associated Press, 3/11/2003] Later in the month, the government tells the judge it is planning to ignore his order and will appeal the case. [Associated Press, 3/26/2003] While it may be completely coincidental, the Village Voice has noticed that Padilla is a “dead ringer” for the never found “John Doe #2” of the 1995 Oklahoma City bombing, and other evidence could tie him to it. [Village Voice, 3/27/2002; Village Voice, 6/13/2002]
The Court of Appeals for the District of Columbia affirms the government’s position that the jurisdiction of federal courts does not extend to Guantanamo Bay, and thus, that the Guantanamo detainees have no legal redress in federal courts. Guantanamo is in sovereign Cuban territory, the court argues, and therefore the 1950 Eisentrager case applies, according to which US courts have no jurisdiction to issue writs of habeas corpus for aliens held by the US military outside US sovereign territory. [Khaled A. F. Al Odah, et al. v. United States of America, et al., 3/11/2003 ]
Kathleen Callahan, an EPA assistant regional administrator, rejects the New York City firefighters union’s request to expand the EPA’s cleanup program (see May 8, 2002) for residential spaces in Lower Manhattan to four firehouses in Lower Manhattan. “We have not undertaken any cleanup of firehouses,” Callahan explains at an environmental symposium at Fordham University. “The program that we have is strictly residential and therefore, we would not do firehouses.” [Infinity Broadcasting Corp, 3/12/2003]
General Jay Garner, the head of the Office of Reconstruction and Humanitarian Assistance (ORHA—see January 2003), admits to reporters, “We started very slowly” in preparing for handling the reconstruction of post-Saddam Iraq. [Roberts, 2008, pp. 126]
Garner Knew Problems Would Arise - Garner will later say: “When I went to see [Defense Secretary] Rumsfeld at the end of January , I said, OK, I’ll do this for the next few months for you. I said, you know, Let me tell you something, Mr. Secretary. George Marshall started in 1942 working on a 1945 problem. You’re starting in February working on what’s probably a March or April problem. And he said, I know, but we have to do the best with the time that we have. So that kind of frames everything.”
'Never Recovered' - Sir Jeremy Greenstock, currently Britain’s special representative to Iraq, will add: “The administration of Iraq never recovered [from the failure to plan]. It was a vacuum in security that became irremediable, at least until the surge of 2007. And to that extent, four years were not only wasted but allowed to take on the most terrible cost because of that lack of planning, lack of resources put in on the ground. And I see that lack of planning as residing in the responsibility of the Pentagon, which had taken charge, the office of the secretary of defense, with the authority of the vice president and the president, obviously, standing over that department of government.” [Vanity Fair, 2/2009]
In a response to a recent report from the International Atomic Energy Agency debunking the Iraq-Niger uranium claims (see March 7, 2003), and a report from the Defense Intelligence Agency that claims the allegations are true, a CIA senior-level report concludes, “We do not dispute the IAEA director general’s conclusion—last Friday before the UN Security Council—that documents on Iraq’s agreement to buy uranium from Niger are not authentic.” [Central Intelligence Agency, 4/3/2003 ; Central Intelligence Agency, 5/30/2003 ]
An outraged Richard Perle, the neoconservative chairman of the Pentagon’s Defense Policy Board (DPB), says he is suing journalist Seymour Hersh over an article Hersh wrote that implied Perle is using his position as a Pentagon adviser to profit from a US invasion of Iraq (see March 17, 2003).
Filing Planned for Britain - Interestingly, Perle plans to sue Hersh in British courts, not US courts, because the burden of proof on plaintiffs is far less in Britain than America. “I intend to launch legal action in the United Kingdom. I’m talking to Queen’s Counsel right now,” Perle says. Perle says of Hersh’s article, “It’s all lies, from beginning to end.”
Perle Defended - Stephen Bryen, a former deputy undersecretary of defense, defends Perle, saying: “It’s pretty outrageous for a leftwing columnist to make accusations like this with no factual basis. Most of the many hours he works each day are pro bono to help the administration with its policy on Iraq. He should get a medal of honor.”
Editor Defends Hersh - David Remnick, the editor of the New Yorker, the publisher of Hersh’s article, says his magazine stands by the story. “It went through serious reporting, with four members of the board talking to Sy [Hersh], and rigorous factchecking, legal-checking, and all the rest.” Remnick takes issue with Perle’s recent characterization of Hersh as a “terrorist” (see March 9, 2003), saying, “I would have thought after all this many years, Mr. Perle would be a bit more refined than that.” [New York Sun, 3/12/2003]
Journalists Defend Hersh - Many journalists defend Hersh, with one, Slate’s Jack Shafer, calling Perle a “grandstanding pantywaist,” “double-dar[ing]” him to sue Hersh, and accusing Perle of “venue-shopping” by planning to file the lawsuit in Britain. “As a public figure and government official,” Shafer explains, “Perle would be laughed out of court in the United States. If he got a settlement in the UK, he could raid the substantial British assets of the New Yorker’s parent company, Conde Nast.” [Slate, 3/13/2003]
Perle Resigns, Does Not File Lawsuit - Later in the month, Perle will resign from the DPB over his conflicts of interest (see March 27, 2003). A year later, after much blustering in the media and promises of “dossiers” and “revelations” about Hersh, Perle will decide not to sue Hersh after all, saying he cannot meet the burden of proof that a court would impose. [New York Sun, 3/12/2004] Months later, the dossiers and information Perle promised to release about Hersh remain unrevealed. [Slate, 6/17/2004]
The Environmental Protection Agency withdraws a June 2000 rule intended to clean up waters polluted by nonpoint source pollution such as agricultural runoff. The Total Maximum Daily Load was set to take effect under the Clean Water Act. [Florida Department of Environmental Protection, 6/8/2005] The rule was opposed by the construction industry which claimed it would increase building costs by requiring contractors to comply with “costly and burdensome water quality requirements.” [Associated Builders and Contractors, 3/21/2003]
Erica Chase, a member of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of plotting to blow up Jewish and African-American landmarks in and around Boston. Her boyfriend, Leo Felton, a member of the small white supremacist group The White Order of Thule, is also convicted of the same set of crimes. Chase is given five years in prison by US District Court Judge Nancy Gertner, who calls the plans “hateful” and “horrible”; Felton, who has served time for attempting to murder an African-American taxi driver, receives nearly 22 years in prison. Prosecutors accused Chase and Felton of plotting to foment a “racial holy war” (see 1973). Chase tells the court that she is sorry for her role in the plot and no longer harbors her racial hatreds. “I didn’t see how ugly and disturbing my life was when I was living in the middle of it. I had to be ripped out of it,” she says. “I have a lot of shame for everything.” The couple was arrested in August 2001 for passing counterfeit bills. Prosecutors said that Felton made the counterfeit money to help fund the plan, which included the use of a “fertilizer bomb” similar to that used in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The defense argued that the two were prosecuted solely for their white supremacist beliefs. [Associated Press, 3/13/2003]
In 2007, Newsweek will claim that still-classified portions of a CIA cable reveal that some White House officials wanted to mention an alleged meeting between hijacker Mohamed Atta and an Iraqi agent in Prague in a speech President Bush was scheduled to give on March 14, 2003. But after learning of the proposed speech, the CIA station in Prague sent back a cable explaining why the CIA believed the meeting never took place. Accounts differ, but one source familiar with the cable will claim that the cable was “strident” and expressed dismay the White House would try to fit the dubious claim into Bush’s speech only days before the US begins a planned invasion of Iraq. There is no proof that Bush ever saw the cable and he ultimately does not mention the claim in his speech. A senior intelligence official at the time will later claim that the White House proposed on multiple occasions to mention the claim in speeches by Bush and Vice President Cheney. While Bush never mentioned it, Cheney did on several occasions before the Iraq war began. For instance, in December 2001, Cheney claimed, “It’s been pretty well confirmed, that [Atta] did go to Prague and he did meet with a senior official of the Iraqi intelligence service…” (see December 9, 2001). [Newsweek, 9/13/2006]
When an Associated Press reporter asks the US military to comment on the accounts of two former Afghan detainees (see December 10, 2002)
(see November 30-December 3, 2002), spokesman Roger King claims their accounts are mostly untrue. “Some of the stuff they are saying sounds like partial truths, some of it’s completely bogus,” he says. “They were stripped naked probably to prevent them from sneaking weapons into the facility. That’s why someone may be stripped…. We do force people to stand for an extended period of time…. Disruption of sleep has been reported as an effective way of reducing people’s inhibition about talking or their resistance to questioning….They are not allowed to speak to one another. If they do, they can plan together or rely on the comfort of one another. If they’re caught speaking out of turn, they can be forced to do things—like stand for a period of time—as payment for speaking out.” [Associated Press, 3/14/2003; Amnesty International, 8/19/2003]
President Bush waives the last set of US sanctions against Pakistan. The US imposed a new series of sanctions against Pakistan in 1998, after Pakistan exploded a nuclear weapon (see May 28, 1998), and in 1999, when President Pervez Musharraf overthrew a democratically elected government (see October 12, 1999). The lifted sanctions had prohibited the export of US military equipment and military assistance to a country whose head of government has been deposed. Some other sanctions were waived shortly after 9/11. Bush’s move comes as Musharraf is trying to decide whether or not to support a US-sponsored United Nations resolution which could start war with Iraq. It also comes two weeks after 9/11 mastermind Khalid Shaikh Mohammed was captured in Pakistan (see February 29 or March 1, 2003). [Agence France-Presse, 3/14/2003]
The new head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, sends a classified memo to Deputy Attorney General James Comey. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns classified foreign intelligence activities (see February 25, 2003). [American Civil Liberties Union [PDF], 1/28/2009 ] (The ACLU has Goldsmith as the author of the memo, even though he is not nominated for the OLC slot until May 2003 [Savage, 2007, pp. 183] , and will not be confirmed for the position until five months after that (see October 6, 2003). The reason for the apparent discrepancy is not immediately discernible.)
The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]
Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
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