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The US military loses both a helicopter and a drone in Afghanistan on the same day. The Taliban claim that the helicopter was shot down and that up to 50 US soldiers died in the crash, which was just south of Kabul. “All together between 40 to 50 Americans have died in both these incidents,” Qari Fazil Rabi, a Taliban information ministry official, tells Reuters. “You can see the bodies of the Americans on board the helicopters with their uniforms.” However, the Pentagon dismisses the claims, blaming bad weather for the crash landing of the special forces helicopter and the loss of the drone. According to the Pentagon, the helicopter had a crew of four and was on a mission to pick up a sick soldier. The crew members were injured in the crash, but were rescued by another helicopter, and the downed helicopter was later destroyed by F-14 Tomcats from the aircraft carrier USS Theodore Roosevelt. According to The Guardian, “Such a search-and-destroy mission would only take place if the items on the helicopter were considered extremely sensitive and the US military did not want it to fall into enemy hands.” [Guardian, 11/3/2001]
John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 ] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 ] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]
Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice
Timeline Tags: Civil Liberties
In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” [Rivkin, Casey, and Bartram, 11/5/2001; Rivkin, Casey, and Bartram, 11/5/2001] It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.
Patrick Philbin, an attorney with the Justice Department’s Office of Legal Counsel, writes a lengthy and detailed memo arguing that the president may establish so-called “military commissions” for the trial and disposition of terror suspects without involvement in the US criminal justice system. Furthermore, Philbin opines, the president may do so without the approval or even the knowledge of Congress. [US Department of Justice, 11/6/2001 ; American Civil Liberties Union [PDF], 1/28/2009 ] Philbin’s central argument is that 9/11 was an act of war, not a crime, and therefore the attacks triggered the president’s full array of war powers, including the inherent authority to create military commissions. Philbin cites a 1942 case where then-President Roosevelt created a military commission to try eight Nazi saboteurs captured inside the US during the first year of America’s involvement in World War II (see 1942); even though the Supreme Court backed Roosevelt, he felt unsure of the legality of such commissions, and did not use them in later trials of captured saboteurs. Since World War II, the laws of war have undergone drastic revisions, with Congress enacting the Uniform Code of Military Justice (UCMJ), which said that if military commissions were ever to be used again, they should use, as much as is practical, the same procedures and defendant rights as are found in military courts-martial. The Senate had also ratified the 1949 Geneva Conventions, which granted all wartime prisoners the right to a fair trial. Philbin’s memo ignores everything except the 1942 military commissions, and argues that if the president has the inherent and exclusive right to set up military commissions, as the Supreme Court had found, then Congress has no authority to restrict that right. [Savage, 2007, pp. 136-137]
Abu Zeinab al-Qurairy, posing as Jamal al-Ghurairy for Frontline. [Source: PBS]An Iraqi defector identifying himself as Jamal al-Ghurairy, a former lieutenant general in Saddam Hussein’s intelligence corps, the Mukhabarat, tells two US reporters that he has witnessed foreign Islamic militants training to hijack airplanes at an alleged Iraqi terrorist training camp at Salman Pak, near Baghdad. Al-Ghurairy also claims to know of a secret compound at Salman Pak where Iraqi scientists, led by a German, are producing biological weapons. Al-Ghurairy is lying both about his experiences and even his identity, though the reporters, New York Times war correspondent Chris Hedges and PBS’s Christopher Buchanan, do not know this. The meeting between al-Ghurairy and the reporters, which takes place on November 6, 2001, in a luxury suite in a Beirut hotel, was arranged by Ahmed Chalabi’s Iraqi National Congress (INC). Buchanan later recalls knowing little about al-Ghurairy, except that “[h]is life might be in danger. I didn’t know much else.” Hedges recalls the former general’s “fierce” appearance and “military bearing.… He looked the part.” Al-Ghurairy is accompanied by several other people, including the INC’s political liaison, Nabeel Musawi. “They were slick and well organized,” Buchanan recalls. Hedges confirms al-Ghurairy’s credibility with the US embassy in Turkey, where he is told that CIA and FBI agents had recently debriefed him. The interview is excerpted for an upcoming PBS Frontline episode, along with another interview with an INC-provided defector, former Iraqi sergeant Sabah Khodada, who echoes al-Ghurairy’s tale. While the excerpt of al-Ghurairy’s interview is relatively short, the interview itself takes over an hour. Al-Ghurairy does not allow his face to be shown on camera.
Times Reports Defectors' Tale - Two days later, on November 8, Hedges publishes a story about al-Ghurairy in the New York Times Times. The Frontline episode airs that same evening. [New York Times, 11/8/2001; Mother Jones, 4/2006] Hedges does not identify al-Ghurairy by name, but reports that he, Khodada, and a third unnamed Iraqi sergeant claim to have “worked for several years at a secret Iraqi government camp that had trained Islamic terrorists in rotations of five or six months since 1995. They said the training at the camp, south of Baghdad, was aimed at carrying out attacks against neighboring countries and possibly Europe and the United States.” Whether the militants being trained are linked to al-Qaeda or Osama bin Laden, the defectors cannot be sure, nor do they know of any specific attacks carried out by the militants. Hedges writes that the interviews were “set up by an Iraqi group that seeks the overthrow of… Hussein.” He quotes al-Ghurairy as saying, “There is a lot we do not know. We were forbidden to speak about our activities among each other, even off duty. But over the years, you see and hear things. These Islamic radicals were a scruffy lot. They needed a lot of training, especially physical training. But from speaking with them, it was clear they came from a variety of countries, including Saudi Arabia, Yemen, Algeria, Egypt, and Morocco. We were training these people to attack installations important to the United States. The Gulf War never ended for Saddam Hussein. He is at war with the United States. We were repeatedly told this.” He uses Khodada’s statements as support for al-Ghurairy’s, identifies Khodada by name, and says that Khodada “immigrated to Texas” in May 2001 “after working as an instructor for eight years at Salman Pak…” He quotes the sergeant as saying, “We could see them train around the fuselage. We could see them practice taking over the plane.” Al-Ghurairy adds that the militants were trained to take over a plane without using weapons. Hedges reports that Richard Sperzel, the former chief of the UN biological weapons inspection teams in Iraq, says that the Iraqis always claimed Salman Pak was an anti-terror training camp for Iraqi special forces. However, Sperzel says, “[M]any of us had our own private suspicions. We had nothing specific as evidence.” The US officials who debriefed al-Ghurairy, Hedges reports, do not believe that the Salman Pak training has any links to the 9/11 hijackings. Hedges asks about one of the militants, a clean-shaven Egyptian. “No, he was not Mohamed Atta.” Atta led the 9/11 hijackers. Hedges notes that stories such as this one will likely prompt “an intense debate in Washington over whether to extend the war against Osama bin Laden and the Taliban government of Afghanistan to include Iraq.” [New York Times, 11/8/2001; Columbia Journalism Review, 7/1/2004]
Heavy Press Coverage - The US media immediately reacts, with op-eds running in major newspapers throughout the country and cable-news pundits bringing the story to their audiences. National security adviser Condoleezza Rice says of the story, “I think it surprises no one that Saddam Hussein is engaged in all kinds of activities that are destabilizing.” The White House will use al-Ghurairy’s claims in its background paper, “Decade of Deception and Defiance,” prepared for President’s Bush September 12, 2002 speech to the UN General Assembly (see September 12, 2002). Though the tale lacks specifics, it helps bolster the White House’s attempts to link Saddam Hussein to the 9/11 hijackers, and helps promote Iraq as a legitimate target in the administration’s war on terror. (Five years later, the reporters involved in the story admit they were duped—see April 2006.)
Complete Fiction - The story, as it turns out, is, in the later words of Mother Jones reporter Jack Fairweather, “an elaborate scam.” Not only did US agents in Turkey dismiss the purported lieutenant general’s claims out of hand—a fact they did not pass on to Hedges—but the man who speaks with Hedges and Buchanan is not even Jamal al-Ghurairy. The man they interviewed is actually a former Iraqi sergeant living in Turkey under the pseudonym Abu Zainab. (His real name is later ascertained to be Abu Zeinab al-Qurairy, and is a former Iraqi general and senior officer in the Mukhabarat.) The real al-Ghurairy has never left Iraq. In 2006, he will be interviewed by Fairweather, and will confirm that he was not the man interviewed in 2001 (see October 2005). [Columbia Journalism Review, 7/1/2004; Mother Jones, 4/2006] Hedges and Buchanan were not the first reporters to be approached for the story. The INC’s Francis Brooke tried to interest Newsweek’s Michael Isikoff in interviewing Khodada to discuss Salman Pak. Isikoff will recall in 2004 that “he didn’t know what to make of the whole thing or have any way to evaluate the story so I didn’t write about it.” [Columbia Journalism Review, 7/1/2004]
"The Perfect Hoax" - The interview was set up by Chalabi, the leader of the INC, and former CBS producer Lowell Bergman. Bergman had interviewed Khodada previously, but was unable to journey to Beirut, so he and Chalabi briefed Hedges in London before sending him to meet with the defector. Chalabi and Bergman have a long relationship; Chalabi has been a source for Bergman since 1991. The CIA withdrew funding from the group in 1996 (see January 1996) due to its poor intelligence and attempts at deception. For years, the INC combed the large Iraqi exile communities in Damascus and Amman for those who would trade information—real or fabricated—in return for the INC’s assistance in obtaining asylum to the West. Helping run that network was Mohammed al-Zubaidi, who after 9/11 began actively coaching defectors, according to an ex-INC official involved in the INC’s media operations (see December 17, 2001 and July 9, 2004). The ex-INC official, Adnan Ihsan Saeed al-Haideri, did everything from help defectors brush up and polish their stories, to concocting scripts that defectors with little or no knowledge could recite: “They learned the words, and then we handed them over to the American agencies and journalists.” After 9/11, the INC wanted to come up with a big story that would fix the public perception of Saddam Hussein’s involvement in the 9/11 attacks. Al-Zubaidi was given the task. He came up with al-Ghurairy. He chose Zainab for his knowledge of the Iraqi military, brought him to Beirut, paid him, and began prepping him. In the process, al-Zainab made himself known to American and Turkish intelligence officials as al-Ghurairy. “It was the perfect hoax,” al-Haideri will recall in 2006. “The man was a born liar and knew enough about the military to get by, whilst Saddam’s regime could hardly produce the real Ghurairy without revealing at least some of the truth of the story.” Al-Haideri will say that the reality of the Salman Pak story was much as the Iraqis claimed—Iraqi special forces were trained in hostage and hijack scenarios. Al-Zubaidi, who in 2004 will admit to his propaganda activities, calls Al-Zainab “an opportunist, cheap and manipulative. He has poetic interests and has a vivid imagination in making up stories.” [Mother Jones, 4/2006]
Stories Strain Credulity - Knight Ridder reporter Jonathan Landay later says of al-Qurairy, “As you track their stories, they become ever more fantastic, and they’re the same people who are telling these stories, until you get to the most fantastic tales of all, which appeared in Vanity Fair magazine.” Perhaps al-Qurairy’s most fabulous story is that of a training exercise to blow up a full-size mockup of a US destroyer in a lake in central Iraq. Landay adds, “Or, jumping into pits of fouled water and having to kill a dog with your bare teeth. I mean, and this was coming from people, who are appearing in all of these stories, and sometimes their rank would change.… And, you’re saying, ‘Wait a minute. There’s something wrong here, because in this story he was a major, but in this story the guy’s a colonel. And, in this story this was his function, but now he says in this story he was doing something else.’” Landay’s bureau chief, John Walcott, says of al-Qurairy, “What he did was reasonably clever but fairly obvious, which is he gave the same stuff to some reporters that, for one reason or another, he felt would simply report it. And then he gave the same stuff to people in the Vice President’s office [Dick Cheney] and in the Secretary of Defense’s office [Donald Rumsfeld]. And so, if the reporter called the Department of Defense or the Vice President’s office to check, they would’ve said, ‘Oh, I think that’s… you can go with that. We have that, too.’ So, you create the appearance, or Chalabi created the appearance, that there were two sources, and that the information had been independently confirmed, when, in fact, there was only one source. And it hadn’t been confirmed by anybody.” Landay adds, “[L]et’s not forget how close these people were to this administration, which raises the question, was there coordination? I can’t tell you that there was, but it sure looked like it.” [PBS, 4/25/2007]
No Evidence Found - On April 6, 2003, US forces will overrun the Salman Pak facility. They will find nothing to indicate that the base was ever used to train terrorists (see April 6, 2003).
Entity Tags: Osama bin Laden, Richard (“Dick”) Cheney, Richard Sperzel, Newsweek, Saddam Hussein, Taliban, New York Times, Sabah Khodada, Washington Post, United Nations, Vanity Fair, Nabeel Musawi, Public Broadcasting System, Mother Jones, Ahmed Chalabi, Adnan Ihsan Saeed al-Haideri, Abu Zeinab al-Qurairy, Chris Hedges, Al-Qaeda, CBS News, Bush administration (43), Central Intelligence Agency, Mukhabarat, Donald Rumsfeld, Condoleezza Rice, Francis Brooke, Lowell Bergman, Michael Isikoff, Mohammed al-Zubaidi, Jonathan Landay, John Walcott, Jamal al-Ghurairy, Jack Fairweather, Federal Bureau of Investigation, Christopher Buchanan, Iraqi National Congress
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Domestic Propaganda
John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]
Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)
PBS’s Frontline broadcasts an October 2001 interview with Bush foreign policy adviser Brent Scowcroft as part of its Gunning for Saddam episode. Scowcroft recently cemented his status as an outsider in the administration with an op-ed calling for the US to focus on building a coalition of allies before considering invading Iraq (see October 16, 2001). Scowcroft says that a unilateral move to invade Iraq and “deal with Saddam Hussein” will destroy the coalition of nations that still exists ten years after the 1991 Gulf War “virtually instantly.” Suspicion that the US is manipulating information to prove its rationale for war with Iraq is paramount throughout the Middle East and even among the US’s closest allies in Europe. Part of the responsibility for that perception, Scowcroft notes, comes from Iraq: “Saddam has managed to get the view out that the Iraqi people are suffering because of the [UN-mandated economic] sanctions. In fact, they’re suffering because Saddam Hussein doesn’t use the income from the oil he sells to provide for his people. But that’s the fact. So if we turn on Iraq now, it will look like we’re just using September 11 as an excuse to go after our favorite enemy.… So we need to sort of reestablish the kind of confidence that the United States enjoyed a decade ago around the time of the Gulf War. And to do that, we need to prosecute the Afghan/Osama bin Laden part of this whole thing in a way which will demonstrate that we know what we’re doing, that we do it carefully, not wildly and so on.”
Focusing on Terrorist Threat, Not Iraq, a Necessity - Scowcroft calls Hussein and Iraq “a separate problem” from al-Qaeda and global Islamist terrorism. “It is not at all clear that he is a part of a global terrorist network, which is what we’re focusing on.… Saddam Hussein and Osama bin Laden have one thing in common, and that is they both hate the United States. Otherwise, they have very little in common. As a matter of fact, my guess is, if it weren’t for the United States, Osama bin Laden would turn on Saddam Hussein.” Scowcroft says that even if the US manages to render al-Qaeda impotent, Iraq might not be the next problem on the list. “It’s a problem which right now should be differentiated from the Osama bin Laden problem.… Hezbollah, for example, is a global terrorist network, which has attacked the United States and US interests before. How about that?… We need to be skillful about this. We need to use scalpels, not sledgehammers.” He continues: “Nobody has said what ‘going after Saddam’ really means. What does it mean? Five hundred thousand troops again, based in a Saudi Arabia that would not accept them now? What does ‘going after Saddam’ mean?”
INC Not a Viable Replacement for Hussein - Ahmed Chalabi’s Iraqi National Congress (INC) may or may not be a “viable alternative to Saddam,” Scowcroft says, but it is “certainly not a viable means to” overthrow Hussein. “It is weak, disparate, riven with disputes—probably unattractive to almost anyone inside or out.” [PBS Frontline, 11/8/2001; PBS Frontline, 11/8/2001]
President Bush follows up Attorney General John Ashcroft’s declaration of victory over terrorism (see November 8, 2001) with a prime-time speech calling for the formation of a volunteer civil-defense service and a larger National Guard presence at airports, both to keep Americans safe from future terror attacks. Bush gives the speech in front of a backdrop emblazoned with the words, “United We Stand.” Bush ends his speech with the exhortation, “Let’s roll!” thought to be the final words of Flight 93 passenger Todd Beamer before he and his fellow passengers attacked their plane’s hijackers (see Shortly Before 9:58 a.m. September 11, 2001). Of the four major news networks, only ABC airs Bush’s speech live. [Rich, 2006, pp. 36-37]
After issuing several terror alerts that came to nothing (see October 11-29, 2001 and October 29, 2001), Attorney General John Ashcroft declares victory in overcoming the threat: “[T]he home front has witnessed the opening battle in the war against terrorism, and America has emerged victorious.” He claims that “two periods of extremely high threat have passed” without incident. But in 2006, author Frank Rich will note that this assessment is based solely on Ashcroft’s word, since no evidence of actual threats will ever be advanced. [Rich, 2006, pp. 36-37]
Attorney General John Ashcroft announces that the Justice Department is now on what he calls a “wartime footing.” The agency is revamping its priorities to refocus its efforts on battling terrorism. According to Ashcroft, a plan, which he intends to submit to Congress, mandates a reorganization of the Justice Department, as well as component agencies such as the FBI and the Immigration and Naturalization Service (INS), both of which will be overhauled to take a more aggressive stance in the effort to ward off terrorism. The plan will take five years to fully implement. Ashcroft is reticent about the details of the plans, but some proposals include:
Allowing federal prison authorities to eavesdrop on prisoners conferring with their attorneys, effectively voiding the attorney-client privilege, if those prisoners are considered to be a threat to national security;
Redirecting 10 percent of the Justice Department’s budget, or about $2.5 billion, to counterterrorism efforts;
Restructuring the INS to focus on identifying, deporting, and prosecuting illegal aliens, with a special focus on potential terrorists.
The eavesdropping privilege causes an immediate stir among civil libertarians and Constitutional scholars. Justice Department spokeswoman Mindy Tucker notes that the order has already been published in the Federal Register and is, essentially, the law. Information gathered by authorities during such eavesdropping sessions would not be used in criminal prosecutions of the suspects, Tucker promises. “The team that listens is not involved in the criminal proceedings,” she says. “There’s a firewall there.” Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, says he agrees with the general idea of refocusing the agency on terrorism, but suggests Ashcroft’s plan be reviewed by an existing commission that is now examining the FBI’s counterintelligence operations. That commission is headed by former FBI Director William Webster. Leahy’s fellow senator, Charles Grassley (R-IA), says: “As with any reorganization, the devil will be in the details. I hope for new accountability measures, not just structural changes.” Ashcroft says: “Defending our nation and defending the citizens of America against terrorist attacks is now our first and overriding priority. To fulfill this mission, we are devoting all the resources necessary to eliminate terrorist networks, to prevent terrorist attacks, and to bring to justice all those who kill Americans in the name of murderous ideologies.” [New York Times, 11/3/2001; Rich, 2006, pp. 35] “It is amazing to me that Ashcroft is essentially trying to dismantle the bureau,” says a former FBI executive director. “They don’t know their history and they are not listening to people who do.” [Harper's, 12/4/2001]
Nine Republican senators, led by conservatives Jesse Helms (R-NC), Trent Lott (R-MS), and Jon Kyl (R-AZ), send a letter to President Bush urging him to withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972, May 1, 2001, and June 2001). They explain their position by arguing that the ABM Treaty has become “the most significant obstacle to improved relations between the United States and Russia.” This argument is a complete reversal of conservatives’ earlier positions: that arms control agreements such as the ABM Treaty did nothing to stabilize relations between the US and its nuclear-armed opponents. The argument also flies in the face of public and private statements by Russian leaders, who consider the treaty one of the key elements of stable US-Russian relations. Russian President Vladimir Putin has repeatedly stressed the importance of the treaty in maintaining nuclear parity between the two nations (see July 2001), even as Russia seeks to reduce its nuclear arsenal from 6,000 to 1,500 deployed missiles. In 2008, author J. Peter Scoblic will speculate as to why conservatives wish to withdraw from the treaty: “For isolationists, missile defense renewed the dream of Fortress America, allowing us to retreat even further from crises abroad. For nationalists and moralists, missile defense was a shield against engagement and detente in the event that, say, North Korea was to develop a nuclear-armed ICBM (see August 31, 1998). For neoconservatives, missile defense was a necessary adjunct to their proactive vision of changing regimes and democratizing the world” (see March 12, 2001). [Scoblic, 2008, pp. 174-176]
At the opening of the UN General Assembly, which is delayed by seven weeks due to the 9/11 attacks, government leaders lend nearly unanimous support to the military campaign in Afghanistan, though the operation has not received the express prior authorization from the UN Security Council that is usually necessary for the lawful use of military force for any other reason than pure self-defense. [United Nations, 11/16/2001]
Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]
The Army’s Judge Advocate General, Major General Thomas J. Romig, hastily meets with JAG lawyers Colonel Lawrence Morris and Brigadier General Scott Black to prepare suggestions for improving a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001), with an eye on bringing the order closer to existing military legal standards. The order is modeled on a single World War II military commission (see 1942), and ignores the body of relevant law that came after that commission, including the Uniform Code of Military Justice and the Geneva Conventions (see November 6, 2001). In their view, the Bush administration seems determined to ignore 60 years of law and go back to a rough system of justice that, Romig will later say, “was going to be perceived as unfair because it was unnecessarily archaic.” The three work through the Veterans’ Day weekend on a number of suggestions that would bring the order closer to existing military legal standards. The final order, however, will include none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 137-138]
At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]
Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper
Timeline Tags: Civil Liberties
Jamal Udeen, a British national of Jamaican descent who has been imprisoned since October (see October 2001), along with a handful of other non-Afghans, is left in a Kandahar prison when the Taliban leadership flees the advancing Northern Alliance troops. Having lost his passport, Udeen does not know how to leave the country. The International Committee of the Red Cross (ICRC) visits the jail and asks him if he wants to go to Pakistan together with some Pakistanis who were also prisoners of the Taliban and who will be allowed to cross the border. But with “no money and no way of getting back to Britain,” Udeen decides to remain in Kandahar. [Mirror, 3/12/2004]
President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).
Richard Perle, chairman of the Defense Policy Board, says in a speech delivered at the Foreign Policy Research Institute’s annual dinner that Saddam Hussein “is busily at work on a nuclear weapon” and that “it’s simply a matter of time before he acquires nuclear weapons.” His assertion is based on information that was provided to him personally by Iraqi defector Khidir Hamza. According to Perle, Hamza said that after the Israeli strikes against Iraq’s Osirak reactor in 1981 (see June 7, 1981), Iraq built some 400 uranium enrichment facilities all over the country in order to protect its nuclear program from future attacks. “Some look like farmhouses, some of them look like classrooms, some of them look like warehouses. You’ll never find them. They don’t turn out much but every day they turn out a little bit of nuclear materials.” [Foreign Policy Research Institute, 11/14/2001]
In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]
Neoconservative Richard Perle, the chairman of the Pentagon’s Defense Policy Board, says during remarks at the Foreign Policy Research Institute that the proposed invasion of Iraq is merely the first step in a much larger military strategy that should encompass most of the Middle East and other states which, in Perle’s view, pose threats to the US. “Those who think Iraq should not be next may want to think about Syria or Iran or Sudan or Yemen or Somalia or North Korea or Lebanon or the Palestinian Authority,” Perle says. “These are all institutions, governments for the most part, that permit acts of terror to take place, that sponsor terrorists, that give them refuge, give them sanctuary, and very often much more help than that. When I recite this list, people typically say ‘Well, are we going to go to war against a dozen countries?’ And I think the answer to that is that, if we do it right with respect to one or two, we’ve got a reasonable chance of persuading the others that they should get out of the business of supporting terrorism. If we destroy the Taliban in Afghanistan, and I’m confident we will, and we then go on to destroy the regime of Saddam Hussein, and we certainly could if we chose to do so, I think we would have an impressive case to make to the Syrians, the Somalis, and others. We could deliver a short message, a two-word message: ‘You’re next. You’re next unless you stop the practice of supporting terrorism.’ Given the fact that until now there has been no cost attached to supporting terror, I think there’s a reasonable prospect that looking at the costs on the one side—that is, that those regimes will be brought to an end—and the benefits on the other—they will decide to get out of the terrorist business. It seems to me a reasonable gamble in any event.” [Foreign Policy Research Institute, 11/14/2001]
John Yoo and Robert Delahunty of the Justice Department’s Office of Legal Counsel (OLC) write a classified memo to John Bellinger, the senior legal counsel to the National Security Council. Yoo and Delahunty claim that President Bush has the unilateral authority to “suspend certain articles” of the Anti-Ballistic Missile Treaty between the US and Russia (see May 26, 1972). Six months later, President Bush will withdraw the US from the treaty (see December 13, 2001). [US Department of Justice, 11/15/2001 ; American Civil Liberties Union [PDF], 1/28/2009 ] The memo will not be released until two months after the Bush administration leaves the White House (see March 2, 2009).
President Bush’s order to establish military tribunals, or commissions, to try suspected terrorists (see November 13, 2001) is defended by Vice President Cheney, who tells reporters that the suspects subjected to such tribunals “don’t deserve to be treated as prisoners of war. They don’t deserve the same guarantees and safeguards we use for an American citizen.” Law professor Douglas Kmiec agrees. “This is the answer for what we’re dealing with: unlawful belligerents who do not come within our constitutional structure,” he says. “The president’s order is not extraordinary when one places it in the context of historic military campaigns.” Civil libertarians and administration critics disagree. Representative John Conyers (D-MI) says military commissions are based on the “thinnest legal precedents” and would “antagonize our allies and alienate the many legal immigrants in this country.” Law professor Anne-Marie Slaughter notes: “President Bush has said this is a war to bring terrorists to justice. So the real question is, what’s justice? That requires a fair trial and proof beyond a reasonable doubt, and that is not the aim of a military tribunal.” A better option, she says, would be convening an international war crimes tribunal. And law professor Joshua Rosenkranz says: “There is a natural temptation to hunker down whenever we are in crisis. But there is a danger that this hysteria-driven effort to protect to ourselves is weakening the foundations of our democracy.” [USA Today, 11/15/2001]
Defense Policy Board member Richard Perle, discussing the US’s planned reaction to the 9/11 attacks, says that Iraq is next on the US’s military strike list. CNN anchor John King asks, “Next phase Saddam Hussein?” and Perle replies, “Absolutely.” The day before, on ABC, Perle explained why the US had to make such a move: “Weapons of mass destruction in the hands of Saddam Hussein, plus his known contact with terrorists, including al-Qaeda terrorists, is simply a threat too large to continue to tolerate.” And what would the upshot of such an invasion be? Perle tells his CNN listeners, “We would be seen as liberators in Iraq.” [PBS, 4/25/2007]
A second attempt at crafting and ratifying the Biological Weapons and Toxin Convention (BWC) fails after US officials disrupt the negotiations with what the journal New Scientist calls “a last-minute demand it knew other governments would reject.” The conference members hoped to complete the negotiation of an enforcement and verification protocol. The BWC would ban all biological warfare, and would provide enforcement for the ban, something the 1972 Biological Weapons Convention lacks. The US scuttled earlier talks on the new convention by abruptly pulling out of the proceedings (see July 23-25, 2001). Though US officials continue to insist that the Bush administration is in favor of a new treaty, European Union officials now believe that the US has no intention of allowing any such treaty to be ratified. EU officials question if they can continue to work with US officials on any international arms control treaties. One hundred and forty-four nations are attempting to salvage the talks, but the US’s participation is considered critical. An hour before the talks were to wrap up for the week, the US introduces a demand to strike a mandate under which treaty members have been negotiating legally binding compliance measures. Other nations have long since accepted the legally binding mandate, and, until Friday afternoon, US delegates had not voiced an objection. When US officials suddenly demand that the mandate be “terminated” in favor of a measure that would merely require signatories to follow current technological developments, it sparks an uproar among other delegates from European and Asian countries. To prevent the outright failure of the Review Conference, the chairman suspends negotiations until November 2002. Oliver Meier of the arms-control lobbying group Vertic says: “[T]here was never a question of that [measure] substituting for the negotiating mandate. If the US wanted to discuss that it could have brought it up any time during the three weeks.” The last-minute demand, says Meier, “was obviously an attempt to sabotage the conference.” Jan van Aken of the Sunshine Project, a German-American anti-bioweapons group, calls the US officials “liars” and characterizes their behavior as “insulting.” EU officials refuse to continue meeting with US officials after the sudden demand. Elisa Harris of the Center for International and Security Studies says that a failure to reach an agreement on the treaty “would send a very bad signal to proliferators that the international community lacks the will to enforce compliance with the BWC.” [New Scientist, 12/10/2001; Nuclear Threat Initiative, 2/2002; Common Dreams, 8/5/2002; Bulletin of the Atomic Scientists, 1/2003]
When US Secretary of Defense Donald Rumsfeld is asked by a reporter what the US might do to prevent the Arab Taliban and Chechen soldiers surrendering in Kunduz from going free, Rumsfeld responds, “It would be most unfortunate if the foreigners in Afghanistan—the al-Qaeda and the Chechens and others who have been there working with the Taliban—if those folks were set free and in any way allowed to go to another country and cause the same kind of terrorist acts.” [US Department of Defense, 11/20/2001; Fox News, 11/22/2001; Associated Press, 11/22/2001]
The Wall Street Journal publishes an op-ed piece by neoconservative Eliot Cohen advocating the overthrow of the mullahs in Iran. Cohen writes: “First, if one front in this war is the contest for free and moderate governance in the Muslim world, the US should throw its weight behind pro-Western and anticlerical forces there. The immediate choice lies before the US government in regard to Iran. We can either make tactical accommodations with the regime there in return for modest (or illusory) sharing of intelligence, reduced support for some terrorist groups and the like, or do everything in our power to support a civil society that loathes the mullahs and yearns to overturn their rule. It will be wise, moral and unpopular (among some of our allies) to choose the latter course. The overthrow of the first theocratic revolutionary Muslim state and its replacement by a moderate or secular government, however, would be no less important a victory in this war than the annihilation of bin Laden.” [Wall Street Journal, 11/20/2001]
Neoconservative professor Eliot Cohen writes that the Afghan war is misnamed. It should be, he says, the latest salvo in “World War IV,” the US-led fight against Islamist terrorism. In agreement with other neoconservatives (see 1992, February 2002, April 3, 2003, and Spring 2007), Cohen says that World War III was the Cold War between the US and the Soviet Union. Like the Cold War, this “world war” against militant Islam “is, in fact, global;… will involve a mixture of violent and nonviolent efforts;… will require mobilization of skill, expertise and resources, if not of vast numbers of soldiers;… may go on for a long time; and… has ideological roots.” Afghanistan is “just one front in World War IV,” Cohen asserts, and after the US destroys al-Qaeda and kills its leadership, including, presumably, Osama bin Laden, it must then engage in new battles. Cohen recommends that the US ally itself with secular democracies in the Muslim world, and actively target Islamic regimes that sponsor terrorism, including Iraq (which he calls “the obvious candidate,” as it “not only helped al-Qaeda, but attacked Americans directly… and developed weapons of mass destruction”). After overthrowing the Iraqi regime, he counsels the US to “mobilize in earnest.” [Wall Street Journal, 11/20/2001]
Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 ] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]
Neoconservative William Kristol, the editor of the Weekly Standard and a regular guest on network news broadcasts, says in a Fox News interview, “One person close to the debate said to me this week that it’s no longer a question of if, it’s a question of how we go after Saddam Hussein” (see October 7, 2001). [Fox News, 11/24/2001] Fox’s Fred Barnes asks, “What are the consequences if the US does not finish off this Saddam Hussein as a second step in the war on terrorism?” Kristol replies, “It would mean that the president having declared a global war on terrorism didn’t follow through, didn’t take out the most threatening terrorist state in the world.” [PBS, 4/25/2007]
Qala-i-Janghi fortress. [Source: CNN/House of War]After a sleepless night in the overcrowded basement in Dostum’s fortress, a group of Taliban prisoners, including John Walker Lindh, are led out, one by one, by the guards. They are searched, tied up and later seated in rows on an open lawn. [Newsweek, 12/1/2001; Guardian, 12/1/2001] Simon Brooks, head of the International Committee for the Red Cross in northern Afghanistan, arrives at the Qala-i-Janghi compound seeking an assurance from Said Kamal, Dostum’s security chief, that the prisoners will be treated in accordance with international law. He also wants to write the prisoners’ names down and get messages for their families. [Guardian, 12/1/2001] Another official from the Red Cross, Olivier Martin, is also inside Qala-i-Janghi making sure that the prisoners are being cared for in accordance with the Geneva Conventions. [Independent, 11/29/2001] Meanwhile, Northern Alliance fighters are tying up prisoners at the south end of the fortress. [London Times, 11/28/2001; Guardian, 11/29/2001; Guardian, 12/1/2001] The prisoners are scared and think the Northern Alliance is preparing to execute them. They believe that the two television crews—from Reuters and the German station ARD—present intend to film their deaths. One of the prisoners recalls, “Our hands were tied, and they were beating and kicking some of us. Some of the Mujahedin [Taliban] were scared, crying. They thought we were all going to be killed.” [New York Times, 11/28/2001; Newsweek, 12/1/2001; Guardian, 12/1/2001] One guard hits Lindh in the back of his head, so hard that he “nearly [loses] consciousness.” [United States of America v. John Walker Lindh, 6/13/2002 ]
Assistant Secretary of Defense Peter Rodham, who works in Undersecretary of Defense Douglas Feith’s office, asks Deputy Defense Secretary Paul Wolfowitz to “[o]btain approval of creation of a Team B” (see Early 1976) which “[t]hrough independent analysis and evaluation… would determine what is known about al-Qaeda’s worldwide terror network, its suppliers, and relationship to states and other international terrorist organizations.” The 1976 Team B exercise was a deeply flawed effort by conservatives and neoconservatives to second-guess the US intelligence community’s findings about Soviet military and intelligence capabilities (see November 1976). Feith studied under Team B leader Richard Pipes at Harvard, and shares his fundamental distaste and mistrust of US intelligence capabilities. Feith and Wolfowitz believe that “Team B” showed just how limited and misguided the CIA’s intelligence reporting could be, and think that the same “Team B” approach could provide heretofore-unrevealed information about Islamist terrorism. Feith sets about producing a report “proving” a sinister relationship between al-Qaeda and Iraq (see July 25, 2002), while Wolfowitz begins work on what will become the Office of Special Plans (see September 2002). [Scoblic, 2008, pp. 218-220]
Entity Tags: Paul Wolfowitz, ’Team B’, Al-Qaeda, Central Intelligence Agency, Douglas Feith, Office of Special Plans, US Department of Defense, Richard Pipes, Peter Rodham
Timeline Tags: Complete 911 Timeline, US International Relations, Neoconservative Influence
A Northern Alliance tank fires on Qala-i-Janghi fortress. [Source: CNN/House of War]Northern Alliance troops establish a command post near Qala-i-Janghi’s northeast tower where they position a tank and begin shelling prisoners at the south end of the compound. [BBC, 12/1/2001; CNN, 8/3/2002]
US special forces in Afghanistan. [Source: CNN/House of War]Four members of US Special Forces and eight soldiers from the 10th Mountain Division join the US and SAS troops already at the Qala-i-Janghi fort near Mazar-i-Sharif. They call in more airstrikes. During the two days of airstrikes, which began the day before (see (3:30 p.m.) November 25, 2001), two bombs miss their targets. One strays off into a field located more than a kilometer away, while the other, a 2,000-lb laser-guided bomb dropped on November 26, between 10:00 and 11:00 a.m., mistakenly hits a Northern Alliance tank killing at least four Northern Alliance soldiers and wounding five US soldiers and two SAS soldiers. [BBC, 12/1/2001; CNN, 8/3/2002]
A Taliban fighter killed in the battle for Qala-i-Janghi fortress. [Source: CNN/House of War]Amnesty International calls for an inquiry into the violence at Qala-i-Janghi. The organization states, “An urgent inquiry should look into what triggered this violent incident, including any shortcomings in the holding and processing of the prisoners, and into the proportionality of the response by United Front, US, and UK forces. It should make urgent recommendations to ensure that other instances of surrender and holding of prisoners do not lead to similar disorders and loss of life, and that the key role of the International Committee of the Red Cross (ICRC) in overseeing the processing and treatment of prisoners is facilitated.” [Amnesty International, 11/27/2001]
The US intensifies its aerial attack against the Qala-i-Janghi fortress. An AC-130 Spectre gunship rakes the compound with machine gun and cannon fire for several hours at close range. One US Special Forces soldier calls the bombing, “fireworks you’ll never forget.” It destroys the fortress’s armories. [London Times, 11/28/2001; Guardian, 12/1/2001; CNN, 8/3/2002] Alim Razim, General Dostum’s adviser, reportedly says, “Those who are left over will be dead.” [London Times, 11/28/2001; Guardian, 11/29/2001]
The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal. [Source: Martin Cleaver / Associated Press]Three young men from Tipton in the English West Midlands, all British citizens, find themselves detained in Afghanistan by the Northern Alliance. [Guardian, 8/4/2004] Shafiq Rasul, of Pakistani descent, and a temporary employee with Currys, flew to Pakistan in October 2001 [Guardian, 3/10/2004] in order, he claims, “to visit relatives…, explore his culture, and continue his computer studies.” While in Pakistan, he was seized “after leaving a visit with his aunt.” Asif Iqbal, a factory worker, traveled to Pakistan with the intention “to marry a woman from his father’s small village.” [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 ] Shortly before the marriage was to take place, Iqbal told his father he wanted to visit a friend in Karachi. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 ] While still in Pakistan, he too was captured. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 ] The third man from Tipton, Rhuhel Ahmed, is a friend of Iqbal, also a factory worker and is the same age. Ahmed flew to Pakistan shortly after his friend. [Guardian, 3/10/2004] In 2007, Ahmed will confess that he visited an Islamist training camp and also handled weapons and learned how to use an AK47. [Observer, 6/3/2007] The three narrowly escape death when they are loaded along with almost 200 others into containers for transport to Sheberghan prison. The journey takes almost eighteen hours, during which almost all die due to lack of oxygen and shot wounds caused by Northern Alliance troops who at one point riddle the containers with bullets. Asif is shot in the arm. The three are among the only 20 prisoners who survive. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
The Northern Alliance assaults Qala-i-Janghi fortress. [Source: CNN/House of War]Northern Alliance General Abdul Rashid Dostum returns to the Qala-i-Janghi fortress from Kunduz. Three health officials attempting to enter the basement where Taliban survivers are still holding out are shot by armed Taliban who refuse to surrender. Several Taliban mullahs brought in by Dostum are unable to convince the holdouts to surrender. [CNN, 8/3/2002]
Hank Crumpton. [Source: State Department]According to author Ron Suskind, CIA Deputy Counter Terrorism Center Director Hank Crumpton briefs President Bush and Vice President Cheney about the looming battle in the Tora Bora region of Afghanistan, where about 1,000 al-Qaeda and Taliban are settling in. He points out the region is very mountainous, with many tunnels and escape routes. Bush asks about the passages to Pakistan that the Pakistani government has agreed to block (see November 2001). Using a map, Crumpton shows “the area on the Pakistani side of the line [is] a lawless, tribal region that [Pakistan has] little control over. In any event, satellite images showed that [Pakistan’s] promised troops hadn’t arrived, and seemed unlikely to appear soon.” Crumpton adds that the Afghan forces in the region allied to the US are “tired and cold and, many of them are far from home.” They were battered from fighting in the south against Taliban forces, and “they’re just not invested in getting bin Laden.” He tells Bush that “we’re going to lose our prey if we’re not careful” and strongly recommends the US marines being sent to Kandahar (see November 26, 2001) get immediately redirected to Tora Bora instead. Cheney says nothing. Bush presses Crumpton for more information. “How bad off are these Afghani forces, really? Are they up to the job?” Crumpton replies, “Definitely not, Mr. President. Definitely not.” However, the Pentagon is not voicing the same concerns to Bush. The marines are not redirected to seal off the passes. [Suskind, 2006, pp. 58-59]
At the request of CIA director George Tenet, veteran CIA agents Luis (his full name has not been disclosed) and John Maguire devise a covert plan to overthrow the government of Saddam Hussein. Under the plan, code-named Anabasis, the CIA would send a team of paramilitary CIA officers to recruit disloyal Iraqi officers by offering them large chunks of cash. The CIA would conduct a disinformation campaign aimed at making Hussein believe that there was growing internal dissent. Hussein would become increasingly paranoid and eventually implement a repressive internal security policy, mostly likely involving the executions of suspected disloyal officers. In addition, the plan calls for “direct action operations” (understood to be a euphemism for the assassinations of key regime officials); disrupting the government’s finances and supply networks; and conducting sabotage operations, such as the blowing up of railroads and communications towers. Finally, the plan includes creating a casus belli for an open military confrontation between the US and Iraq. The US would transport a group of exiles to Iraq, where they would take over an Iraqi base close to the Saudi border. When Hussein flies his troops south to handle the insurrection, the US would shoot his aircraft down under the guise of enforcing the US-imposed “no-fly” zone. The confrontation would then be used as a pretext for full-scale war. “The idea was to create an incident in which Saddam lashes out,” Maguire later recalls. If the plan worked the US “would have a premise for war: we’ve been invited in.” Implementing the plan would cost an estimated $400 million. [Isikoff and Corn, 2006, pp. 6-9, 154; Guardian, 9/7/2006] The plan will be canceled at the last minute by Gen. Tommy Franks (see After January 2003).
Former FBI director William Webster and eight former FBI officials publicly criticize Attorney General John Ashcroft’s post-9/11 policies (see Spring 2001, September 12, 2001, October 9, 2001, October 11, 2001, and November 9, 2001). The criticisms come less over Ashcroft’s civil liberties abrogations and more because Ashcroft’s policies violate law-enforcement common sense. By capturing suspected low-level terrorists in public sweeps, the Justice Department and the FBI lose the ability to track those suspects to their superiors in their organizations and groups. (None of the 900 or so suspects rounded up in the Ashcroft sweeps will be charged with any 9/11-related crimes—see October 20, 2001 and November 5, 2001.) [Rich, 2006, pp. 35-36] Webster says that long-term surveillance and undercover operations are much more effective than mass arrests. [Harper's, 12/4/2001] The former FBI officials also ridicule Ashcroft’s idea of interviewing 5,000 Middle Eastern men (none of whom will ever be convicted of a terrorism-related crime). Kenneth Walton, who founded the FBI’s first Joint Terrorism Task Force, says: “It’s the Perry Mason school of law enforcement, where you put them in there and they confess. Well, it just doesn’t work that way. You say, ‘Tell me everything you know,’ and they give you the recipe to Mom’s chicken soup.… It is ridiculous.” Most of those “invited” to interview never showed up, the officials note, and those who did merely answered “yes” or “no” to rote questions. [Time, 11/29/2001; Rich, 2006, pp. 35-36] Many local police officers are reluctant to participate in Ashcroft’s public sweeps. Eugene, Oregon police spokeswoman Pam Alejandere tells reporters, “Give us some legitimate reason to talk to the people—other than that they’re from the Middle East—and we’ll be glad to.” [Time, 11/29/2001]
The Justice Department sends a memo to the CIA approving inter alia the agency’s application of sleep deprivation, the use of phobias, and the deployment of “stress factors” in interrogating terrorist suspects. The only clear prohibition is “causing severe physical or mental pain.” [Newsweek, 5/24/2004] The CIA had requested legal guidance from the Justice Department on how to make interrogations more effective. The need to improve its methods was becoming pressing as the US was getting its hands on increasing numbers of people from the Afghan theater of operations. [Washington Post, 6/9/2004]
According to a 2009 Senate Armed Services Committee report (see April 21, 2009), US counterterrorism officials are growing frustrated at the lack of “useful leads” coming from interrogations of suspected terrorists. The officials are particularly concerned with what one Army major will later recall as “establishing a link between al-Qaeda and Iraq.” The lack of actionable intelligence will result in military interrogators resorting to much harsher interrogation methods. [Washington Post, 4/22/2009]
According to Asif Iqbal, he and his fellow inmates are being beaten regularly during their detention in Afghanistan. In once instance, he is beaten to the floor and then kicked in his back and stomach during interrogation at Kandahar in December 2001 or January 2002. [Guardian, 8/4/2004]
Noor Aghah, a detainee being held by US forces in Afghanistan, says he is forced at the end of 2001 or beginning of 2002 to drink 12 bottles of water during interrogation at a US military base in Gardez. “[W]e were asked,” he says, “to take off our clothes, and everyone saw us without clothes, six or seven people.” Aghah also endures the “stress position” -technique. In Gardez, between two high walls, he and other prisoners are forced to remain kneeling for ten hours in the hot sun in handcuffs. This goes on for 20 days, until at last a US medical doctor determines that the structure should be covered. [Guardian, 6/23/2004]
An unnamed US envoy in Middle East, possibly W. Robert Pearson, the US ambassador to Turkey [Salon, 5/19/2005] , tells Newsweek, “The question is not if the United States is going to hit Iraq; the question is when.” [Newsweek, 1/7/2002 Sources: Unnamed US official]
According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. [Washington Post, 4/22/2009]
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. [Savage, 2007, pp. 216] The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. [New York Times, 4/21/2009] In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” [Savage, 2007, pp. 216-217]
Greg Thielmann, director for strategic proliferation and military affairs at the State Department’s Bureau of Intelligence and Research (INR), reviews Iraq’s alleged WMD programs for Secretary of State Colin Powell. Thielmann’s review concludes that Italian reports of a possible uranium deal between Iraq and Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, Late April or Early May 2002-June 2002, and Late June 2002) are completely false. Thielmann will later recall: “A whole lot of things told us that the report was bogus. This wasn’t highly contested. There weren’t strong advocates on the other side. It was done, shot down” (see March 1, 2002). [Unger, 2007, pp. 229]
According to US military officials, the USS Bataan and USS Peleliu are used as prison ships to hold captives suspected of terrorist activities, including “American Taliban” John Walker Lindh (see December 14, 2001). Both vessels are operating in the Indian Ocean. The use of US naval vessels as prison ships is kept extremely secret; the press will not learn of the incidents for years, and even then, details will be sketchy. Questioned in 2004 about the use of US military ships as “floating prisons” (see June 2, 2008), Rear Admiral John Stufflebeem will say: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention center, for a security aspect, and obviously an interest to continue interrogation.” The US may also use ships in and around the British-controlled island of Diego Garcia, in the Indian Ocean, to hold prisoners indefinitely and “off the books.” And the US may use its ships for what is called “extraordinary rendition”—the secret transportation of prisoners to foreign countries where they can be interrogated and tortured in ways proscribed by US law. US and British officials will repeatedly deny the use of Diego Garcia in any such “floating incarcerations” or renditions. [Guardian, 6/2/2008] One reason for the use of naval vessels as prison ships may be necessity: the US is capturing scores of prisoners in Afghanistan, but the first detainee facilities at Guantanamo Bay, Cuba will not open until January 2002 (see January 11, 2002).
Senior State Department official and former CIA analyst Flynt Leverett proposes a new, pragmatic approach to the war on terror. He believes that Middle Eastern terrorism is more tactical than religious: for example, since Syria wants to reclaim the Golan Heights and lacks the military ability to wrest that territory from Israel, it relies on “asymmetrical methods,” including terror attacks, to work for its aims. If one accepts this viewpoint, Leverett argues, one accepts that nations like Syria are not locked in fanatical mindsets, and can be negotiated with. Leverett, with the support of senior State Department official Richard Haass, advises his boss, Secretary of State Colin Powell, to draw up a “road map” to peace for the problem nations of the region—if a nation expels its terrorist groups and stops trying to develop weapons of mass destruction, the US will remove that nation from its list of terror sponsors and open a new era of cooperation with that nation. Powell takes the idea to a “Deputies Meeting” at the White House. The meeting includes Deputy Secretary of State Richard Armitage, Deputy Secretary of Defense Paul Wolfowitz, the deputy director of the CIA, a representative from Vice President Dick Cheney’s office, and Deputy National Security Adviser Stephen Hadley. The neoconservatives—Hadley, Wolfowitz, Cheney’s representative—hate the idea, calling it a reward for bad behavior. Sponsors of terrorism should stop because it is the moral thing to do, they say, and until that happens, the US will not encourage their actions. After leaving the meeting, Hadley writes up a memo that comes to be known as “Hadley’s Rules.” They are simple: if a nation such as Iran or Syria offers assistance on a specific item or issue, the US will take it, but will give nothing and promise nothing in return, and the US will not attempt to build on that offer. Leverett believes Hadley’s memo is preposterous, sacrificing a chance at real progress for striking poses of moral purity. Shortly thereafter, National Security Adviser Condoleezza Rice offers him a position as senior director of Mideast affairs at the National Security Council; Leverett takes the job with the understanding that the Bush administration must begin real negotiations with Israel and Palestine. [Esquire, 10/18/2007]
Entity Tags: Stephen J. Hadley, Colin Powell, Central Intelligence Agency, Bush administration (43), Condoleezza Rice, Richard Armitage, Flynt Leverett, Office of the Vice President, US Department of State, National Security Council, Richard Haass, Paul Wolfowitz
Timeline Tags: US International Relations
Wisam Ahmed, a young Jordanian who runs a clothes shop, traveled to Pakistan with his wife and newborn child for an annual religious pilgrimage in August 2001. As they are leaving for home, his bus is stopped at a checkpoint in Iran. Ahmed is forcibly removed because, as he later says, “they associated [my] headdress with al-Qaeda and must have overlooked the fact that it was also my national dress.” Through a process that will remain unexplained, the Iranian government turns Ahmed over to the US. In March 2002, Ahmed is immured in an Afghan prison he will call the “Dark Prison.” He will describe “unimaginable conditions that cannot be tolerated in a civilized society,” and spends 77 days there in a room that “was so dark that we couldn’t distinguish nights and days. There was no window, and we didn’t see the sun once during the whole time.” He is then moved to “Prison Number Three,” where the food is so bad he loses a significant amount of weight, and then transferred to Bagram Air Force Base for a 40-day stint, where the torture truly begins. According to his later statements, Ahmed is threatened by attack dogs, forced to watch torture videos, and intimidated in other ways. He later recalls: “[T]hey used to start up an electric saw and while they were sawing we would hear cries of agony. I thought they would cut me into pieces sooner or later.” He is later transferred to Guantanamo, where he will remain. [Future of Freedom Foundation, 4/27/2009]
Taliban survivors who have been holding out in the basement of a one-story building in the Qala-i-Janghi fortress surrender. [Newsweek, 12/1/2001] John Walker Lindh is found “with approximately 15 dead or dying persons on the floor.” [United States of America v. John Walker Lindh, 6/13/2002 ] Of the more than 300 prisoners who arrived with Lindh a week before, only 86 survive. “Everyone was in poor health, and most of them were traumatized, with absent looks on their faces,” Oliver Martin, chief of the International Committee of the Red Cross (ICRC) delegation at Mazar-i-Sharif, later recalls. “It must have been hell and horror for them.” [United States of America v. John Walker Lindh, 6/13/2002 ] For around six hours, Lindh and many other wounded and dying prisoners are locked in an overcrowded dark container. He is then moved to the back of an open-air truck, from where he notices ICRC officials and members of the media. It then appears that Northern Alliance leader Abdul Rashid Dostum intended to suffocate the prisoners inside the container, but that the presence of the ICRC and journalists has prevented that. [United States of America v. John Walker Lindh, 6/13/2002 ] Lindh and the other surviving but wounded Taliban are taken to the town of Sheberghan. [United States of America v. John Walker Lindh, 6/13/2002 ]
The US Special Forces officer who questioned John Walker Lindh the day before ties his hands with rope and puts a hood over his head. Lindh is then driven back to Mazar-i-Sharif, where he is taken into a school building. For the next two to three days, Lindh will be kept blindfolded and bound in custody of the US military. He asks for the time of day, explaining that he needs to know for religious reasons. But he is told to shut up. US soldiers frequently call him “sh_tbag,” or “sh_thead.” He is fed military rations twice a day, which he feels is insufficient given his state of malnourishment. Requests for more food and more medical attention are refused. [United States of America v. John Walker Lindh, 6/13/2002 ] Throughout the week at the school, Lindh expresses concern about his bullet wound, which appears to be festering. On the first two days, he is visited twice by a Red Cross worker, who on December 3 gives him the opportunity to dictate a letter to his parents. It is faxed eight days later. [United States of America v. John Walker Lindh, 6/13/2002 ] For the rest of his incarceration at Mazar-i-Sharif, the Red Cross workers are prevented from seeing Lindh. [United States of America v. John Walker Lindh, 6/13/2002 ]
As soon as he hears the news of his son’s capture in Afghanistan, John Walker Lindh’s father immediately hires James Brosnahan, a well-respected lawyer, on behalf of his son. On December 3, Brosnahan faxes a letter to Secretary of State Colin Powell, Attorney General John Ashcroft, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. He introduces himself as Lindh’s lawyer, expresses his wish to see him, and states: “Because [Lindh] is wounded and, based upon press reports, went for three days without food, I would ask that any further interrogation be stopped, especially if there is any intent to use it in any subsequent legal proceedings.” When Brosnahan receives no reply, he writes again, “I would ask that no further interrogation of my client occur until I have the opportunity to speak with him. As an American citizen, he has the right to counsel and, under all applicable legal authorities, I ask for the right to speak with my client as soon as possible.” On December 5, still having received no reply, he urges that “we have a conversation today.” Again, no reply comes. [Los Angeles Times, 3/23/2002; World Socialist Web Site, 3/27/2002; New Yorker, 3/3/2003]
The House International Relations Committee drafts House Joint Resolution 75, which states that if Iraq refuses to allow UN inspectors to investigate freely in Iraq, the refusal will constitute an “act of aggression against the United States.” The bill is sponsored by Representatives Lindsey Graham (R-SC), Porter Goss (R-FL), and Henry Hyde (R-IL). A different version of this resolution is passed by the House on December 20 (see December 20, 2001). [WorldNetDaily, 12/11/2001; Library of Congress, 1/15/2006]
Amnesty International issues a second call for an inquiry “into the large-scale killing of captured Taliban fighters and others at a fort on the outskirts of Mazar-i Sharif.” Amnesty insists that the “events at the Qala-i-Jhanghi fort must not simply be brushed under the carpet, like so many other killings before them.” [Amnesty International, 12/5/2001]
US Congressmen write a letter to President Bush urging him to take military action against Iraq. Among those who sign the letter are Jesse Helms (R-NC), Joseph Lieberman (D-CT), John McCain (R-AZ), Henry Hyde (R-IL), and Trent Lott (R-MS). The letter states, “As we work to clean up Afghanistan, it is imperative that we plan to eliminate the threat from Iraq. This December will mark three years since United Nations inspectors last visited Iraq. There is no doubt that since that time, Saddam Hussein has reinvigorated his weapons programs.… Reports indicate that biological, chemical and nuclear programs continue apace and may be back to pre-Gulf War levels. We believe we must directly confront Saddam, sooner rather than later.” [Kristol, 12/6/2001; Scripps Howard News Service, 12/15/2001]
Around the third day at the school (see December 2-5, 2001), probably on December 5, accused terrorist John Walker Lindh, unaware of the fact that a lawyer has been hired for him, is interrogated by two military officers. The questioning goes on for two or three days in sessions lasting several hours at a time. Again no Miranda warnings are given (see December 2, 2001). [United States of America v. John Walker Lindh, 6/13/2002 ] There is some discussion, however, among military personnel about whether Lindh should be advised of his right against self-incrimination. An Army intelligence officer is advised that instructions have come from “higher headquarters” for interrogators to coordinate Lindh’s interrogation with military lawyers. The intelligence officer asks to be faxed a Miranda form, but, according to the documents, “he never [gets] it.” The officer, however, adds that he is “in the business of collecting [intelligence] information, not in the business of Mirandizing.” After the first hour of interrogation, according to the documents, the interrogator provides the admiral in charge of Mazar-i-Sharif with a summary of what the interrogators have so far collected. The admiral tells him that the secretary of Defense’s counsel has authorized him to “take the gloves off” and ask whatever he wants. The unnamed counsel in question may well have been Defense Department chief counsel William J. Haynes. The initial responses Lindh gives to his interrogators are, according to the documents, cabled to Washington every hour. [Los Angeles Times, 6/9/2004] After the interrogations are ended, Lindh is told his conditions will improve. From then on, he is given a third meal a day and no longer held at gunpoint 24 hours a day. [United States of America v. John Walker Lindh, 6/13/2002 ]
At the Justice Department, an attorney-adviser in the Professional Responsibility Advisory Office (PRAO) named Jesselyn Radack provides a federal prosecutor in the terrorism and violent crimes section of the Criminal Division with advice on John Walker Lindh’s case. She informs him that “The FBI wants to interview American Taliban member John Walker [Lindh] some time next week… about taking up arms against the US.” She also writes: “I consulted with a senior legal adviser here at PRAO and we don’t think you can have the FBI agent question Walker. It would be a pre-indictment, custodial overt interview, which is not authorized by law.” She also advises him to have the FBI agent inform Lindh that his parents hired attorneys for him and ask him whether he wants to be represented by them. [Newsweek, 12/7/2001] In 2009, Radack will recall: “I was called with the specific question of whether or not the FBI on the ground could interrogate [Lindh] without counsel. And I had been told unambiguously that Lindh’s parents had retained counsel for him (see December 3-5, 2001). I gave that advice on a Friday, and the same attorney at Justice who inquired called back on Monday and said essentially, ‘Oops, they did it anyway. They interrogated him anyway. What should we do now?’ My office was there to help correct mistakes. And I said, ‘Well, this is an unethical interrogation, so you should seal it off and use it only for intelligence-gathering purposes or national security, but not for criminal prosecution.’ A few weeks later, Attorney General Ashcroft held one of his dramatic press conferences, in which he announced a complaint being filed against Lindh. He was asked if Lindh had been permitted counsel. And he said, in effect, ‘To our knowledge, the subject has not requested counsel.’ That was just completely false. About two weeks after that he held another press conference, because this was the first high-profile terrorism prosecution after 9/11. And in that press conference he was asked again about Lindh’s rights, and he said that Lindh’s rights had been carefully, scrupulously guarded, which, again, was contrary to the facts, and contrary to the picture that was circulating around the world of Lindh blindfolded, gagged, naked, bound to a board.” [Vanity Fair, 2/2009] Shortly thereafter, Radack will be fired from, and investigated by, the Justice Department (see Late December 2001 - 2002).
US soldiers enter the school building in Mazar-i-Sharif where “American Taliban” John Walker Lindh (see Late morning, November 25, 2001) is being held (see December 2-5, 2001, blindfold him, and take photographs of Lindh and themselves posing next to him. One soldier scrawls “sh_thead” across Lindh’s blindfold and poses with him. Another soldier makes fun of his Islamic religion. Someone says Lindh is “going to hang” and another one that he wants to shoot him on the spot. They then put Lindh in a van and tie his hands with plastic handcuffs so tight they severely cut off the blood circulation. The scars and numbness that result from this treatment are still present months later. He is then put on a plane and flown to the US marine base Camp Rhino, seventy miles south of Kandahar. During the flight, Lindh screams because the pain in his hands have become unbearable, but his guards refuse to loosen the cuffs. Immediately upon arrival at Camp Rhino, when the winter night has already fallen, US soldiers cut off all of Lindh’s clothing. Wearing only his blindfold and shaking violently from the cold, Lindh is bound to a stretcher with heavy duct tape wrapped tightly around his chest, upper arms and ankles. In this position military personnel again take photographs of him. One photograph is later released by his attorneys and corroborates the described treatment. He is then placed, stretcher and all, in a metal shipping container. Twenty minutes later, a US Marine begins to question him. [United States of America v. John Walker Lindh, 6/13/2002 ]
According to government papers, later quoted by defense lawyers for captured “American Taliban” John Walker Lindh (see Late morning, November 25, 2001), “A Navy physician present at Camp Rhino recounted that the lead military interrogator in charge of Mr. Lindh’s initial questioning told the physician ‘that sleep deprivation, cold, and hunger might be employed’ during Mr. Lindh’s interrogations.” This interrogator later says, “he was initially told to get whatever information he could get from the detainee. However,… once it was determined from their initial questioning of Lindh that he was an American, which was done within an hour or so, [the military interrogator] informed a superior and was told they were done questioning him.” Lindh nevertheless is subjected to “sleep deprivation, cold, and hunger.” The metal container Lindh is kept in has no light or heat source. Only two small holes in the sides of the container allow some light and air to enter, through which military guards frequently shout swearwords at Lindh and discuss spitting in his food. According to his defense attorneys, “Mr. Lindh’s hands and feet remained restrained such that his forearms were forced together and fully extended, pointing straight down towards his feet. The pain from the wrist restraints was intense. Initially, Mr. Lindh remained fully exposed within the metal container, lying on his back; after some time had passed, one blanket was placed over him and one beneath him. While in the container the first two days, Mr. Lindh was provided minimal food and little medical attention. He suffered from constant pain from the plastic cuffs on his wrists and the bullet wound in his thigh. Because the metal container was placed next to a generator, the loud noise it generated echoed within the container. According to government disclosures, Mr. Lindh repeatedly said he was cold and asked for more protection from the weather. When Mr. Lindh needed to urinate, his guards did not release him from the restraints binding him to his stretcher, but instead propped up the stretcher into a vertical position. Due to hunger, the cold temperature, the noise, and the incessant pain caused by his wounds and the position in which he was restrained, Mr. Lindh was unable to sleep. Mr. Lindh was held under these conditions continuously for two days.” [United States of America v. John Walker Lindh, 6/13/2002 ]
After two days naked, hungry, in pain and sleepless in the cold container (see December 7-8, 2001, John Walker Lindh is dressed in hospital garb and carried, still blindfolded and handcuffed, to a nearby room or tent. As his blindfold is removed, Lindh finds himself in the presence of an FBI agent. From an “advice of rights” form, the agent begins to read Lindh his Miranda rights. Where the form refers to the right to an attorney, the FBI agent adds, “Of course, there are no lawyers here.” Lindh nevertheless asks if he can see an attorney, but the FBI agent repeats his statement that there are no attorneys present. Lindh then signs a Miranda waiver of his constitutional Fifth Amendment right to remain silent and to consult an attorney, believing he would otherwise return to the conditions to which he was previously subjected, or that a worse fate may await him. The subsequent interrogation by the FBI agent lasts at least three hours. [United States of America v. John Walker Lindh, 6/13/2002 ]
John Walker Lindh (see Late morning, November 25, 2001), is again questioned by the FBI agent who had interrogated him the previous day (see December 9, 2001). Lindh again asks for a lawyer, and again he is told no lawyers are available. Lindh is returned to the container, but now his treatment begins to improve. His leg and handcuffs are loosened and he is blindfolded less often. The duct tape is removed. He receives more food, an additional blanket and he is allowed to continue to wear the hospital garb. [United States of America v. John Walker Lindh, 6/13/2002 ]
According to a later report by the Senate Intelligence Committee, Pentagon officials conceal potentially life-saving intelligence gleaned from Iranian agents. The report will find that in 2001, the officials, Larry Franklin and Harold Rhode, fail to pass along information gained from Iranian agents to US intelligence agencies, including reports that Iran has sent “hit squads” to Afghanistan to kill Americans. The findings will be based on information from highly unreliable sources: Iranian arms merchant Manucher Ghorbanifar and former Pentagon official Michael Ledeen, both of whom have often provided false or questionable information gathered from questionable sources (see April 3, 2005). In a series of meetings authorized by then-Deputy National Security Adviser Stephen Hadley (see December 9, 2001, December 12, 2001, June 2002, July 2002, and June 2003), two Pentagon officials, including one who reported to then-Undersecretary of Defense for Policy Douglas Feith (see September 2002), meet with Ghorbanifar, Ledeen, and other Iranians. Hadley does not fully brief CIA Director George Tenet and Deputy Secretary of State Richard Armitage about the meetings. The head of the DIA is briefed on the meeting but is not authorized to keep a written summary of it or to discuss it on the orders of then-Deputy Defense Secretary Paul Wolfowitz. For his part, Ledeen will say he twice briefed the US ambassador to Italy about the meetings. “Any time the CIA wanted to find out what was going on all they had to do was ask,” he will say. Though the report will admit that the sources of the intelligence are unreliable, it will still criticize the Pentagon for failing to allow what it calls “potentially useful and actionable intelligence” to be shared with intelligence agencies. [Associated Press, 6/5/2008; Senate Intelligence Committee, 6/5/2008 ]
Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. [Peoria Journal Star, 12/19/2001; CNN, 12/13/2005] Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. [CBS News, 6/23/2003; CNN, 12/13/2005]
Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. [CBS News, 6/23/2003; Progressive, 3/2007] (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) [CNN, 12/13/2005] The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. [Bradley Scout, 3/29/2002] In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. [Knight Ridder, 6/23/2003] In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” [Knight Ridder, 6/24/2003] He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). [New York Times, 6/21/2004]
Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. [CBS News, 6/23/2003; Progressive, 3/2007] There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. [CNN, 12/13/2005] Al-Marri consents to the search and the seizure of his computer and other possessions. [Bradley Scout, 3/29/2002] Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). [CBS News, 6/23/2003]
Entity Tags: US Department of Justice, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Mohamed al-Khatani, Alice Fisher, Federal Bureau of Investigation, Mohamed Atta, Al-Qaeda, Bradley University, Osama bin Laden, Ali Saleh Kahlah al-Marri
Timeline Tags: Torture of US Captives, Complete 911 Timeline
US nuclear missiles such as this one will no longer be restricted under the ABM treaty. [Source: Associated Press / CNN]President Bush announces that the US is unilaterally withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972). The treaty, negotiated with the former Soviet Union in 1972, sets strict limitations on missile and missile defense developments by both Russia and the US. After the six-month withdrawal period is concluded in mid-2002, the US will begin developing an anti-missile defense system, an outgrowth and extension of the old “Star Wars” system (see March 23, 1983). Bush tells reporters: “Today I am giving formal notice to Russia that the United States of America is withdrawing from this almost 30-year-old treaty.… I have concluded the ABM treaty hinders our government’s ability to develop ways to protect our people from future terrorist or rogue state missile attacks.” Bush explains: “The 1972 ABM treaty was signed by the United States and the Soviet Union at a much different time, in a vastly different world. One of the signatories, the Soviet Union, no longer exists and neither does the hostility that once led both our countries to keep thousands of nuclear weapons on hair-trigger alert, pointed at each other.… Today, as the events of September 11 made all too clear, the greatest threats to both our countries come not from each other, or from other big powers in the world, but from terrorists who strike without warning or rogue states who seek weapons of mass destruction.” Defense Secretary Donald Rumsfeld calls the treaty “outdated.” [White House, 12/13/2001; CNN, 12/14/2001]
Follows Failure to Persuade Russia to Drop Treaty - The decision follows months of talks in which Bush officials attempted without success to persuade Russia to set the treaty aside and negotiate a new one more favorable to US interests. Bush says that he and Russian President Vladimir Putin “have also agreed that my decision to withdraw from the treaty will not in any way undermine our new relationship or Russian security.” Putin calls Bush’s decision a “mistake,” and says the two nations should move quickly to create a “new framework of our strategic relationship.” Putin says on Russian television that the US decision “presents no threat to the security of the Russian Federation.” He also says that the US and Russia should decrease their present stockpiles of nuclear weapons. He wants what he calls “radical, non-reversible and verifiable reductions in offensive weapons”; in turn, the Bush administration is against any sort of legally binding agreements. Putin says, “Today, when the world has been faced with new threats, one cannot allow a legal vacuum in the sphere of strategic stability.” [CNN, 12/14/2001; CNN, 12/14/2001]
'Abdication of Responsibility' - Senate Democrats (see December 13-14, 2001) and non-proliferation experts (see December 13, 2001) strongly question the decision to withdraw. Singapore’s New Straits Times writes: “History will one day judge the US decision to withdraw from the Anti-Ballistic Missile Treaty in the same way it views the US failure in 1919 to join the League of Nations—as an abdication of responsibility, a betrayal of humankind’s best hopes, an act of folly. By announcing the decision now, in the midst of a war on terrorism that commands worldwide support, the Bush administration has also displayed a cynicism that will adversely affect the mood of cooperation that has characterized international relations since September 11.” [Carter, 2004, pp. 272-273] Sweden’s foreign ministry warns of possibly “serious consequences for the future of international disarmament.” [BBC, 12/13/2001]
Seizure of Presidential Power - Regardless of the wisdom of withdrawing from the treaty, Bush’s decision has another effect that is subjected to far less public scrutiny: by unilaterally withdrawing the US from the treaty on his own authority, Bush, in the words of author Charlie Savage, “seized for the presidency the power to pull the United States out of any treaty without obtaining the consent of Congress.” Savage, writing in 2007, will note that the Constitution does not provide a clear method of withdrawing the US from an international treaty. However, he will write, judging from the fact that the US Senate must vote to ratify a treaty before it becomes binding, it can be inferred that the Founders intended for the legislature, not the executive branch, to have the power to pull out of a treaty. In Volume 70 of the Federalist Papers, Alexander Hamilton wrote that treaties are far too important to entrust to the decision of one person who will be in office for as few as four years. Hamilton wrote, “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a president of the United States.” [Savage, 2007, pp. 140]
John Walker Lindh (see Late morning, November 25, 2001) is moved to a Navy ship, the USS Peleliu. When he arrives, he is still unable to walk and is suffering from dehydration, frostbite on his toes and mild hypothermia. Navy physicians treat Lindh with IV fluids, and on the same day, Haynes’ deputy, Paul W. Cobb Jr., tells Lindh’s lawyers: “I can inform you that John Walker is currently in the control of United States armed forces and is being held aboard USS Peleliu in the theater of operations. Our forces have provided him with appropriate medical attention and will continue to treat him humanely, consistent with the Geneva Convention protections for prisoners of war.” [Business Wire, 12/17/2001; ABC News, 12/19/2001] It is the first response James Brosnahan, head of Lindh’s defense team, receives to his letters, the first of which he sent on December 3 (see December 3-5, 2001).
Finally, John Walker Lindh has the bullet in his leg (see November 25, 2001) surgically removed. Lindh’s government prosecutors later claim the military “provided him the very same medical treatment provided to wounded United States military personnel.” However, as one commentator will observe: “It is difficult to believe that the United States military would delay for more than two weeks surgery to remove a bullet from a leg from one of its own soldiers or sailors.” [Sydney Morning Herald, 12/15/2001; World Socialist Web Site, 4/1/2002]
In the middle of December, the US government discloses that some 7,000 Taliban and al-Qaeda members have been captured. While they are at that time mostly held by Afghan and Pakistani forces, they will all have to be screened so their leaders can stand trial. [San Francisco Chronicle, 12/22/2001]
Abdallah Higazy. [Source: Washington Post]FBI agents arrest Egyptian national Abdallah Higazy in a New York hotel room, and interrogate him over his supposed ownership of an air-band transceiver capable of air-to-air and air-to-ground communications. The FBI suspects Higazy, a student at Brooklyn’s Polytechnic University, of facilitating the 9/11 hijackings. Higazy arrived in New York from Cairo to study engineering under US Agency for International Development (USAID) and Institute for International Education programs, in August 2001. The Institute arranged for Higazy to stay at the Millennium Hilton Hotel, just across the street from the World Trade Center. On September 11, Higazy, along with other hotel residents, was evacuated after the second plane hit the Twin Towers. He was carrying about $100 in cash and his wallet. Higazy does not return to the hotel until December 17, when three FBI agents are waiting for him. Hotel employees had found a transceiver capable of air-to-air and air-to-ground transmissions in his room safe, along with a Koran and his passport. The FBI believes that Higazy may have used the radio as a beacon to guide the hijackers. Higazy denies owning any such transceiver. A federal judge warns the FBI and federal prosecutors that merely finding a radio in a room safe occupied by Higazy does not constitute enough evidence to continue holding the suspect, and absent further evidence he will release Higazy on December 28. Instead, the FBI will browbeat a false confession from Higazy (see December 27, 2001). [Washington Post, 10/25/2007]
Kellogg Brown & Root, a subsidiary of Halliburton, wins a 10-year no-bid contract to provide the Pentagon with support services in Iraq—everything from fighting oil-well fires to building military bases to feeding and housing soldiers. Vice President Dick Cheney is the former CEO of Halliburton. When he was defense secretary under George H. W. Bush, Cheney had pushed to outsource many of the military’s logistical and support functions to private contractors, part of what Vanity Fair will later term “a broader effort to transfer government functions of all kinds to the private sector.” [Vanity Fair, 2/2009]
Zaab Sethna of the Iraqi National Congress (INC) arranges for Iraqi defector Adnan Ihsan Saeed al-Haideri to be interviewed by Judith Miller of the New York Times. Miller, who has known Chalabi for about eight years (see May 1, 2003), immediately flies out to Bangkok for the interview. Her story is published on December 20, just three days after Haideri told his story to a CIA agent who subjected him to a polygraph and determined Haideri’s story was a complete fabrication (see December 17, 2001). Miller’s front-page article, titled “An Iraqi defector tells of work on at least 20 hidden weapons sites,” reports: “An Iraqi defector who described himself as a civil engineer, said he personally worked on renovations of secret facilities for biological, chemical and nuclear weapons in underground wells, private villas and under the Saddam Hussein Hospital in Baghdad as recently as a year ago.” If verified, Miller notes, “his allegations would provide ammunition to officials within the Bush administration who have been arguing that Mr. Hussein should be driven from power partly because of his unwillingness to stop making weapons of mass destruction, despite his pledges to do so.” Sethna also contacts freelance journalist Paul Moran. Moran is a former employee of the INC and has been employed for years by the Rendon Group, a firm specializing in “perception management” and which helped develop the INC (see May 1991). Moran’s on-camera interview with Haideri is broadcast worldwide by the Australian Broadcasting Corp. [New York Times, 12/20/2001; SBS Dateline, 7/23/2003; New York Review of Books, 2/26/2004; Rolling Stone, 11/17/2005] Reporter Jonathan Landay will later say that he and others were skeptical from the outset: “There were some red flags that the New York Times story threw out immediately, which caught our eye, immediately. The first was the idea that a Kurd—the enemy of Saddam—had been allowed into his most top secret military facilities. I don’t think so. That was, for me, the biggest red flag. And there were others, like the idea that Saddam Hussein would put a biological weapons facility under his residence. I mean, would you put a biological weapons lab under your living room? I don’t think so.” Landay’s partner Warren Strobel will add, “The first rule of being an intelligence agent, or a journalist, and they’re really not that different, is you’re skeptical of defectors, because they have a reason to exaggerate. They want to increase their value to you. They probably want something from you. Doesn’t mean they’re lying, but you should be—journalists are supposed to be skeptical, right? And I’m afraid the New York Times reporter in that case and a lot of other reporters were just not skeptical of what these defectors were saying. Nor was the administration…” [PBS, 4/25/2007]
House Joint Resolution 75 is passed by the House and sent to the Senate where it is referred to the Committee on Foreign Relations. It is not as strongly worded as the initial draft (see December 4, 2001), which included a provision stating that the refusal to admit inspectors would constitute an “act of aggression against the United States.” The final version instead reads: “Iraq’s refusal to allow United Nations weapons inspectors immediate, unconditional, and unrestricted access to facilities and documents covered by United Nations Security Council Resolution 687 and other relevant resolutions presents a mounting threat to the United States, its friends and allies, and international peace and security.” The bill is sponsored by Representatives Lindsey Graham (R-SC), Porter Goss (R-FL) and Henry Hyde (R-IL). [Library of Congress, 1/15/2006] This bill will die in the Senate. The congressional bill that conditionally authorizes Bush to take military action against Iraq is not passed until October 11, 2002 (see October 8 and 11, 2002).
President Bush says he has not ruled out bringing treason charges against John Walker Lindh, a US citizen (see Late morning, November 25, 2001). While he at first called him a “poor boy” who was “misled,” Bush now says Lindh is a member of al-Qaeda. “Walker’s unique,” Bush says, “in that he’s the first American al-Qaeda fighter that we have captured.” [San Francisco Chronicle, 12/22/2001]
The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 ]
After a week on the USS Peleliu (see December 14, 2001), President George Bush calls John Walker Lindh (see Late morning, November 25, 2001) an al-Qaeda fighter, who “is being well treated on a ship of ours.” [San Francisco Chronicle, 12/22/2001] Around the same time, it is reported that at least four other detainees are being held aboard the Peleliu [San Francisco Chronicle, 12/22/2001] and about 7,000 on the Afghan mainland. [Guardian, 12/21/2001]
[Source: United States Agency for International Development]Afghan Prime Minister Hamid Karzai and his transitional government assume power in Afghanistan. The press reported a few weeks before that Karzai had been a paid consultant for Unocal at one time (Karzai and Unocal both deny this), as well as the Deputy Foreign Minister for the Taliban. [Le Monde (Paris), 12/13/2001; CNN, 12/22/2001]
The FBI administers a polygraph test to Egyptian national Abdallah Higazy, who has been in custody since December 17, 2001, on suspicion of facilitating the 9/11 attacks (see December 17, 2001). Higazy is about to be released by a judge because no real evidence exists that he had any connections to the attacks. The test is administered by FBI agent Michael Templeton; upon its completion, court documents show, Templeton concludes that Higazy is being evasive with his answers. But Templeton’s conclusion raises questions. Towards the end of the session, Higazy asks that the questioning be stopped because he is feeling intense pain in his arm and is having trouble breathing. Instead of releasing Higazy, Templeton calls him “a baby” and says that “a nine-year-old” could endure that kind of pain. It is not clear what is causing Higazy to be in pain, but from the conversation, it is clear that something untoward is occurring. During the questioning, Templeton threatens Higazy’s family. He tells Higazy that the FBI will make his brother “live in scrutiny” and will “make sure that Egyptian security gives [his] family hell.” According to court documents, by this point Templeton is screaming, smashing his fist into the table, and accusing Higazy of lying. Templetom also hints that the FBI might have Higazy’s family turned over to Egyptian intelligence. “[T]heir laws are different than ours,” he says. “[T]hey are probably allowed to do things in that country where they don’t advise people of their rights, they don’t—yeah, probably about torture, sure.” Higazy knows full well what Egyptian agents could do to his family members. Unwilling for his family to be tortured, he confesses to owning a radio the FBI is asking about. He is denied bail and remains in custody awaiting charge. Templeton will not deny coercing the confession from Higazy in subsequent questioning by Higazy’s lawyers. [Washington Post, 10/25/2007]
Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects
(see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]
Shafiq Rasul. [Source: Public domain]Shafiq Rasul, Asif Iqbal and Rhuhel Ahmed (the “Tipton Three”), held at Sheberghan prison, are among thirty to fifty other foreign prisoners whose custody is taken over by US Special Forces from the troops of the Northern Alliance. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Abdul Razaq, a Pakistani teacher of English, says he is singled out for no other reason than that he speaks English. [Guardian, 12/3/2003] Taken to the main gate, US Special Forces personnel surround them pointing their guns at them. One by one they are stripped of all their clothes, despite the freezing temperature, and photographed. After five minutes they are allowed to put their clothes back on. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] One by one, they are taken to a shed. With their hands and feet tied with plastic cuffs, each of them is questioned by US soldiers in uniform. As one American starts the interrogation, another soldier, Rasul says, keeps a machine gun aimed at him. The interrogator, according to Rasul, says, “if you move, that guy over there will shoot you.” When it is Iqbal’s turn, a soldier, he says, is “holding a black 9mm automatic pistol to my temple. The barrel of the pistol was actually touching my temple.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Razaq’s interview takes only three or four minutes with only two questions asked: “What is your name, and why have you come to Afghanistan?” [Guardian, 12/3/2003] Immediately after the interrogations, the non-Afghan prisoners have a sandbag put over their heads. For three or four hours, they have to wait in the cold for all detainees to complete the interrogations. “I think we were all suffering from the cold, dehydration, hunger, the uncertainty as well as the pain caused by the plastic ties,” Ahmed recalls. “Added to this, periodically Special Forces soldiers would walk along a line of sitting detainees and kick us or beat us at will.” Iqbal remembers that “one of them said ‘you killed my family in the towers and now it’s time to get you back.’ They kept calling us motherf_ckers and I think over the three or four hours that I was sitting there, I must have been punched, kicked, slapped or struck with a rifle butt at least 30 or 40 times. It came to a point that I was simply too numb from the cold and from exhaustion to respond to the pain.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] In the end, the prisoners are dragged, tied up and hooded, the skin scraping off their feet, to the backs of a number of trucks that take them to an airstrip. Loaded onto freezing cold cargo planes, they are forced to sit on the floor, still hooded, with their tied-up feet straight in front of them and their hands tied behind their backs. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Rasul testifies, “Given that I was extremely weak and that I was suffering from dysentery, dehydration, hunger, and exhaustion it was impossible to maintain this position for more than a few minutes at a time. If however I leant back or tried to move, I would be struck with a rifle butt. These blows were not designed to prevent us from falling back or to adjust our position, they were meant to hurt and punish us.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] They eventually land at a US air base at Kandahar. According to Razaq prisoners arriving at Kandahar are offloaded in a particularly violent manner. “They haul you from your neck and drop you off the plane.” Relating his experience at Kandahar, Mohammed Saghir, a grey-bearded sawmill owner, says: “They would just pick us up and throw us out. Some people were hurt, some quite badly.” And Pakistani detainee Shah Mohammed, who arrives at Kandahar from a prison near Mazar-i-Sharif, says: “They kicked us out of the plane and threw us on the ground.” [Guardian, 12/3/2003] At Kandahar, probably on the evening of December 28, the newly arrived prisoners are forced to walk in a circle which is “unbearably painful” because their cuffs cut into their skin. US soldiers force their foreheads into the stony ground, hit, kick, and punch them and occasionally strike them with a rifle butt. They cut off their clothes and carry out “humiliating” cavity searches. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
Jesselyn Radack. [Source: Whistleblower (.org)]Justice Department legal ethics adviser Jesselyn Radack is subjected to intensive harassment and scrutiny by her employer after she consulted with a Criminal Division lawyer over the John Walker Lindh (“American Taliban”) case (see December 7, 2001).
Suddenly Fired - After Radack contradicts the department’s story on Lindh and his supposed failure to request legal counsel, she is suddenly fired when an unscheduled performance evaluation gives her poor ratings. Less than a year before, her performance evaluation had earned her a promotion and a merit bonus.
Leaks E-Mails to Reporter, Lindh Case Derailed - When she learns that the Justice Department has failed to turn over a number of e-mails concerning Lindh to a federal judge as requested, Radack turns over the e-mails to reporter Michael Isikoff of Newsweek. “I wasn’t in my mind saying, ‘Gee, I want to be a whistle-blower,’” she will later say. “I was just trying to correct the wrong, just trying to set something straight.” The resulting article prompts questions about the Justice Department’s honesty in discussing the Lindh case, and prompts a surprising turn of events: the department announces that it will end the Lindh case rather than hold an evidence-suppression hearing that would have probed the facts surrounding his interrogations. The government drops the worst of the charges against Lindh, and he pleads guilty to lesser charges (see July 15, 2002) and October 4, 2002).
Unspecified Allegations of 'Criminal' Behavior, Secret Reports Alleging Unfitness - As for Radack, even though the e-mails she released are not classified and she has broken no laws in making them public, the Bush administration wanted that information kept secret. She loses her job at a private law firm after the administration informs the firm that she is a “criminal” who cannot be trusted. She is subjected to a yearlong criminal investigation by the Justice Department; no charges are ever filed. “My attorneys asked what I was being investigated for and never got an answer,” Radack will later say. “There is no law against leaking. This was nonclassified stuff. I think they were just trying to get me to slip into making a false statement. Beyond that, it never seemed like they were really going to bring charges. This was just to harass me.” The administration files a secret report with the bar associations in the states she is licensed to practice law, alleging that she is unfit to practice law and recommending “discipline” against her. Because the report is secret, Radack finds it difficult to challenge the unspecified charges. (Most of the complaints against her will eventually be dismissed.)
No-Fly List - And Radack is placed on the administration’s “no-fly” list, ostensibly reserved for suspected terrorists and other criminals, forcing her to endure intensive and invasive searches every time she attempts to board an airplane.
Making an Example - In 2007, reporter and author Charlie Savage will note that Radack gained no protection from the various whistleblower protection laws on the books, mostly because those laws have no enforcement mechanisms and rely “on the willingness of high-ranking executive branch officials to obey a statute.” Savage will observe: “The whistleblower laws did nothing to help Radack when the Bush-Cheney administration decided to make an example of her, sending a clear warning to other officials who might be inclined to bring secret executive branch wrongdoing to light. And Radack would not be the last.” [Reporters Committee for Freedom of the Press, 6/2003; Savage, 2007, pp. 107-110]
Pentagon ‘Nuclear Posture Review.’ [Source: Federation of American Scientists]White House guidance and the Defense Department’s 2001 “Nuclear Posture Review” (NPR) together lead to the creation of a new set of nuclear strike options—OPLAN 8044 Revision 03—against nations that may plan to acquire weapons of mass destruction. These strike options are secretly presented to certain members of Congress. The new nuclear strike options will not be revealed until November 2007, when the Federation of American Scientists receives a partially declassified document from the US Strategic Command (STRATCOM) that details the strike plans. The planning for the new strike options began shortly after the 9/11 attacks, and the US Strategic Command created scenarios for attacking countries such as Russia, China, Iran, Iraq, Syria, Libya, and North Korea; the plan will take effect on March 1, 2003, just weeks before the US invasion of Iraq. Until the documents become publicly available in 2007, Bush administration and Pentagon officials will insist that not only has the US not changed its nuclear policy, it has actually decreased the role of nuclear weapons in its strategic planning (see March 10, 2002, March 9, 2002, and October 9, 2007). Those disavowals will be proven false. Instead, according to the STRATCOM document, one of the first options delineated in the NPR is the use of these newly created nuclear strike options. The significance of the NPR’s new options is in the fact that before now, such scenarios have not been included in the national strategic plans, and “on-the-shelf” plans for nuclear bombing and missile strikes against “rogue” states have not been available. Although the details of the strikes remain classified, it is evident that the planning for these strikes goes far deeper than simple retaliation, but includes, in the words of scientist Hans Kristensen: “actual nuclear warfighting intended to annihilate a wide range of facilities in order to deprive the states the ability to launch and fight with WMD. The new plan formally broadened strategic nuclear targeting from two adversaries (Russia and China) to a total of seven.” [Defense, 1/8/2002 ; Federation of American Scientists, 11/5/2007]
In Los Angeles, local CIA and FBI stations increase efforts to obtain intelligence from the local Iranian exile community. According to officials, Iranian businessmen and expatriates who travel frequently between the States and Iran are viewed as potential sources of intelligence on Iran’s internal opposition and the country’s nuclear program. Iranian-Americans interviewed by the Los Angeles Times in 2005 will acknowledge having supplied the CIA and FBI with information. [Los Angeles Times, 3/20/2005]
Robert Grenier, head of the CIA station in Islamabad, Pakistan, later says that the issue of fugitive Taliban leaders living in Pakistan was repeatedly raised with senior Pakistani intelligence officials in 2002. “The results were just not there. And it was quite clear to me that it wasn’t just bad luck.” [New York Times, 8/12/2007] For instance, in December 2001 the Guardian reported that many Taliban leaders are living openly in large villas in Pakistan (see December 24, 2001). But Grenier decides that Pakistan will not act on the Taliban and urges them to focus on arresting al-Qaeda operatives instead. “From our perspective at the time, the Taliban was a spent force. We were very much focused on al-Qaeda and didn’t want to distract the Pakistanis from that.” Zalmay Khalilzad, US ambassador to Afghanistan, US military officials, and some Bush administration officials periodically argue that the Taliban are crossing from Pakistan into Afghanistan and killing US soldiers and aid workers (see August 18, 2005 and June 18, 2005). But it is not until some time in 2006 that President Bush strenuously presses Pakistani President Pervez Musharraf about acting on the Taliban leaders living in Pakistan. Even then, Bush reportedly tells his aides that he worries the ties between the Pakistani ISI and the Taliban continue and no serious action will be taken despite Musharraf’s assurances. [New York Times, 8/12/2007]
An unnamed CIA case officer with the agency’s Directorate of Operations (DO) will later say with regard to Iraq’s alleged arsenal of WMD: “Where I was working, I never saw anything—no one else there did either.” [Bamford, 2004, pp. 333]
Adel al-Nusairi, a Saudi Arabian police officer, is captured in Afghanistan and eventually sent to the US detention facility at Guantanamo. Al-Nusairi will recall that he is interrogated for hours on end, but only after being injected with some form of drug. “I’d fall asleep” after the shots, he will tell his attorney, Anant Raut, in 2005. After he is awakened, he is interrogated in marathon questioning sessions, where, he later claims, he gives false information in order to be left alone. “I was completely gone,” he will recall. “I said, ‘Let me go. I want to go to sleep. If it takes saying I’m a member of al-Qaeda, I will.’” After years of captivity, al-Nusairi is eventually returned to Saudi Arabia without being charged with a crime; he never learns what kind of drugs he was subjected to while in US custody. He believes he was given drugs in order to coerce him into making statements that would implicate him in terrorist activity. Raut will later recall: “They thought he was hiding something. He was injected in the arm with something that made him tired—that made his brain cloudy. When he would try to read the Koran, his brain would not focus. He had unusual lethargy and would drool on himself.” Al-Nusairi will recall one interrogation session in an ice-cold room where he is so cold and desperate for sleep that he signs a confession testifying to his involvement in al-Qaeda. According to al-Nusairi, the interrogator watched him sign his name, and “then he smiled and turned off the air conditioner. And I went to sleep.” Al-Nusairi is held for three years more until he is abruptly returned to Saudi custody and released. Raut will later muse, “He signed the statement, and they declared him an enemy combatant, yet they released him anyway with no explanation.” [Washington Post, 4/22/2008]
Noted experts, analysts and commentators, as well as current and former US and foreign government officials, say that control over Iraq’s oil would benefit the United States. A pro-American government in Iraq would provide the US with stable access to its northern and southern oil fields, provide US oil companies with favorable access to oil production sharing agreements and other oil industry-related contracts, allow the US to undermine OPEC’s influence in the oil market, and ensure that Iraq’s oil is traded in US dollars. [London Times, 7/11/2002; Seattle Post-Intelligencer, 8/20/2002; Washington Post, 9/15/2002; Wall Street Journal, 9/16/2002; Daily Telegraph, 9/17/2002; San Francisco Chronicle, 9/29/2002; ABC News, 10/4/2002; ABC News, 10/4/2002; Alternet, 10/16/2002; Reuters, 10/17/2002; New York Times, 10/17/2002; Le Monde (Paris), 11/2002; International Herald Tribune, 11/1/2002; Los Angeles Times, 11/5/2002; MSNBC, 11/7/2002; MSNBC, 11/7/2002; MSNBC, 11/7/2002; Los Angeles Times, 11/8/2002; Los Angeles Times, 11/8/2002; MSNBC, 11/11/2002; MSNBC, 11/11/2002; Guardian, 11/22/2002; New York Times, 12/26/2002; International Herald Tribune, 1/17/2003; Observer, 1/26/2003; Guardian, 1/26/2003; Fox News Sunday, 3/6/2003; Time, 5/10/2003; Washington Post, 6/5/2003]
In explaining the Bush administration’s policy on Iraq, top US officials waver between “disarmament” and “regime change.” [Agence France-Presse, 8/22/2002; CNN, 8/25/2002; CNN, 9/30/2002; US President, 10/14/2002; White House, 10/21/2002; White House, 10/22/2002; White House, 10/23/2002; US President, 10/28/2002; Washington Post, 12/5/2002]
In the lead-up to the war, top Bush administration officials make strong statements asserting that Saddam Hussein possesses weapons of mass destruction. The administration claims that it has incontrovertible evidence, though no such evidence is disclosed to the public—neither before nor after the invasion. [Chicago Tribune, 2/7/2002; Daily Telegraph, 8/21/2002; Guardian, 8/22/2002; White House, 8/26/2002; US Department of Defense, 9/3/2002; Associated Press, 9/3/2002; United Press International, 9/3/2002; Associated Press, 9/8/2002; NewsMax, 9/8/2002; PBS, 9/12/2002; US President, 9/16/2002; US President, 10/14/2002; CBC News, 12/5/2002; Associated Press, 1/7/2003; White House, 1/9/2003; US President, 2/3/2003; US Department of State, 2/5/2003; US Department of State, 2/5/2003; White House, 3/21/2003; US President, 3/24/2003; Age (Melbourne), 6/7/2003; Village Voice, 6/18/2003; Sunday Herald (Glasgow), 7/13/2003; Carnegie Endowment for International Peace, 7/17/2003; Fox News, 8/20/2003; Associated Press, 12/5/2003] Then-deputy press secretary Scott McClellan later observes: “[A]s the campaign [to sell the Iraq war to the American public] accelerated, caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded. Evidence based on high confidence from the intelligence community was lumped together with intelligence of lesser confidence. A nuclear threat was added to the biological and chemical threats to create a greater sense of urgency. Support for terrorism was given greater weight by playing up dubious al-Qaeda connections to Iraq. When it was all packaged together, the case constituted a ‘grave and gathering danger’ (see September 16, 2002) that needed to be dealt with urgently.” [McClellan, 2008, pp. 144-145]
Pentagon chief of public relations Victoria Clarke. [Source: Department of Defense]While detailed plans for the upcoming invasion of Iraq are well underway, the administration realizes that the American people are not strongly behind such an invasion. They aren’t convinced that Saddam Hussein was responsible for the 9/11 attacks, and unsure about Iraq having weapons of mass destruction. White House and Pentagon officials decide that using retired military officers as “independent military analysts” in the national media can help change hearts and minds (see April 20, 2008). Assistant secretary of defense for public affairs Victoria “Torie” Clarke, a former public relations executive, intends to achieve what she calls “information dominance.” The news culture is saturated by “spin” and combating viewpoints; Clarke argues that opinions are most swayed by voices seen as authoritative and completely independent. Clarke has already put together a system within the Pentagon to recruit what she calls “key influentials,” powerful and influential people from all areas who, with the proper coaching, can generate support for Defense Secretary Donald Rumsfeld’s agenda. After 9/11, when each of the news networks rushed to land its own platoon of retired military officers to provide commentary and analysis, Clarke saw an opportunity: such military analysts are the ultimate “key influentials,” having tremendous authority and credibility with average Americans. They often get more airtime than network reporters, Clarke notes. More importantly, they are not just explaining military minutiae, but telling viewers how to interpret events. Best of all, while they are in the news media, they are not creatures of the media. Reporter David Barstow will write in 2008, “They were military men, many of them ideologically in sync with the administration’s neoconservative brain trust, many of them important players in a military industry anticipating large budget increases to pay for an Iraq war.” And even those without such ties tended to support the military and the government. Retired Army general and ABC analyst William Nash will say: “It is very hard for me to criticize the United States Army. It is my life.”
'Writing the Op-Ed' for the War - As a result, according to Clarke’s aide Don Meyer, Clarke decides to make the military analysts the main focus of the public relations push to build a case for invading Iraq. They, not journalists, will “be our primary vehicle to get information out,” Meyer recalls. The military analysts are not handled by the Pentagon’s regular press office, but are lavished with attention and “perks” in a separate office run by another aide to Clarke, Brent Krueger. According to Krueger, the military analysts will, in effect, be “writing the op-ed” for the war.
Working in Tandem with the White House - The Bush administration works closely with Clarke’s team from the outset. White House officials request lists of potential recruits for the team, and suggests names for the lists. Clarke’s team writes summaries of each potential analyst, describing their backgrounds, business and political affiliations, and their opinions on the war. Rumsfeld has the final say on who is on the team: “Rumsfeld ultimately cleared off on all invitees,” Krueger will say. Ultimately, the Pentagon recruits over 75 retired officers, though some only participate briefly or sporadically.
Saturation Coverage on Cable - The largest contingent of analysts is affiliated with Fox News, followed by NBC and CNN, the networks with 24-hour cable news coverage. Many analysts work for ABC and CBS as well. Many also appear on radio news and talk broadcasts, publish op-ed articles in newspapers, and are quoted in press reports, magazine articles, and in Web sites and blogs. Barstow, a New York Times reporter, will note that “[a]t least nine of them have written op-ed articles for The Times.”
Representing the Defense Industry - Many of the analysts have close ties with defense contractors and/or lobbying firms involved in helping contractors win military contracts from the Pentagon:
Retired Army general James Marks, who begins working as an analyst for CNN in 2004 (until his firing three years later—see July 2007) is a senior executive with McNeil Technologies, and helps that firm land military and intelligence contracts from the government.
Thomas McInerney, a retired Air Force general and Fox News analyst, sits on the boards of several military contractors.
CBS military analyst Jeffrey McCausland is a lobbyist for Buchanan Ingersoll & Rooney, a major lobbying firm where he is director of a national security team that represents several military contractors. His team proclaims on the firm’s Web site, “We offer clients access to key decision makers.”
Shortly after signing with CBS, retired Air Force general Joseph Ralston became vice chairman of the Cohen Group, a consulting firm headed by former Defense Secretary William Cohen (also an analyst for CNN). The Cohen Group says of itself on its Web site, “The Cohen Group knows that getting to ‘yes’ in the aerospace and defense market—whether in the United States or abroad—requires that companies have a thorough, up-to-date understanding of the thinking of government decision makers.”
Ideological Ties - Many military analysts have political and ideological ties to the Bush administration and its supporters. These include:
Two of NBC’s most familiar analysts, retired generals Barry McCaffrey and Wayne Downing, are on the advisory board of the Committee for the Liberation of Iraq, an advocacy group created with White House encouragement in 2002 to push for the overthrow of Saddam Hussein. [New York Times, 4/20/2008] Additionally, McCaffrey is chief of BR McCaffrey Associates, which “provides strategic, analytic, and advocacy consulting services to businesses, non-profits, governments, and international organizations.” [Washington Post, 4/21/2008] Other members include senators John McCain (R-AZ) and Joseph Lieberman (D-CT), and prominent neoconservatives Richard Perle and William Kristol. [Truthout (.org), 4/28/2008] Both McCaffrey and Downing head their own consulting firms and are board members of major defense contractors.
Retired Army general Paul Vallely, a Fox News analyst from 2001 through 2007, shares with the Bush national security team the belief that the reason the US lost in Vietnam was due to negative media coverage, and the commitment to prevent that happening with the Iraq war. In 1980, Vallely co-wrote a paper accusing the US press of failing to defend the nation from what he called “enemy” propaganda—negative media coverage—during the Vietnam War. “We lost the war—not because we were outfought, but because we were out Psyoped,” he wrote. Vallely advocated something he called “MindWar,” an all-out propaganda campaign by the government to convince US citizens of the need to support a future war effort. Vallely’s “MindWar” would use network TV and radio to “strengthen our national will to victory.” [New York Times, 4/20/2008]
Ironically, Clarke herself will eventually leave the Pentagon and become a commentator for ABC News. [Democracy Now!, 4/22/2008]
Seducing the Analysts - Analysts describe a “powerfully seductive environment,” in Barstow’s words, created for them in the Pentagon: the uniformed escorts to Rumsfeld’s private conference room, lavish lunches served on the best government china, embossed name cards, “blizzard[s] of PowerPoints, the solicitations of advice and counsel, the appeals to duty and country, the warm thank you notes from the secretary himself.” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, says: “[Y]ou have no idea. You’re back. They listen to you. They listen to what you say on TV.” Allard calls the entire process “psyops on steroids,” using flattery and proximity to gain the desired influence and effect. “It’s not like it’s, ‘We’ll pay you $500 to get our story out,’” Allard says. “It’s more subtle.”
Keeping Pentagon Connections Hidden - In return, the analysts are instructed not to quote their briefers directly or to mention their contacts with the Pentagon. The idea is always to present a facade of independent thought. One example is the analysts’ almost perfect recitation of Pentagon talking points during a fall and winter 2002 PR campaign (see Fall and Winter 2002). [New York Times, 4/20/2008]
Entity Tags: Richard Perle, Paul Vallely, Thomas G. McInerney, William S. Cohen, Wayne Downing, US Department of Defense, William Nash, William Kristol, New York Times, Joseph Ralston, Kenneth Allard, CBS News, Bush administration (43), Brent T. Krueger, Barry McCaffrey, ABC News, CNN, Committee for the Liberation of Iraq, David Barstow, Don Meyer, Joseph Lieberman, John McCain, NBC, Jeffrey McCausland, Fox News, Donald Rumsfeld, James Marks, Victoria (“Torie”) Clarke
Timeline Tags: US Military, Events Leading to Iraq Invasion, Domestic Propaganda
Ali Soufan, an experienced FBI interrogator with an extensive knowledge of both Arab culture and al-Qaeda (see Late December 1999, Late October-Late November 2000, November 11, 2000, Early December 2000, and Late March through Early June, 2002), goes to Guantanamo to conduct training on non-coercive interrogation methods for the interrogators stationed there. Soufan says that not only are these methods the most effective, but they are critical to maintaining the US image in the Middle East and elsewhere. “The whole world is watching what we do here,” Soufan says. “We’re going to win or lose this war depending on how we do this.” According to Robert McFadden, a US naval criminal investigator who worked with Soufan on the USS Cole investigation, the interrogators from law enforcement nod in agreement, while the military intelligence officers just sit and look at Soufan “with blank stares.” McFadden will later recall: “It’s like they were thinking, ‘This is bullcrap.’ Their attitude was, ‘You guys are cops; we don’t have time for this.’” [Newsweek, 4/25/2009]
Noor Aghah, who is detained at Gardez and Bagram in the beginning of 2002, recalls in 2004, “Every minute in Gardez they were beating us. Mostly they kick me.” [Guardian, 6/23/2004]
As soon as terror suspect Tarek Dergoul arrives at Bagram, he is subjected to treatment that he later describes as sexually humiliating. “When I arrived, with a bag over my head, I was stripped naked and taken to a big room with 15 or 20 MP’s. They started taking photos and then they did a full cavity search. As they were doing that they were taking close-ups, concentrating on my private parts.” Dergoul sees other prisoners enduring beatings, which he is spared. “Guards with guns and baseball bats would make the detainees squat for hours, and if they fell over from exhaustion, they’d beat them until they lost consciousness. They called it ‘beat down.’” Dergoul is interrogated 20 to 25 times at Bagram. Once, a team from the British intelligence agency MI5 is present, at which occasion he is told his family’s assets will be seized. His interrogators accuse him of fighting with al-Qaeda in the Tora Bora mountains. Although he says none of that is true, Dergoul finally breaks. “I was in extreme pain from the frostbite and other injuries and I was so weak I could barely stand. It was freezing cold and I was shaking and shivering like a washing machine. The interrogators, who questioned me at gunpoint, said if I confessed I’d be going home. Finally I agreed I’d been at Tora Bora—though I still wouldn’t admit I’d ever met bin Laden.” [Guardian, 3/13/2004; Observer, 5/16/2004]
Asif Iqbal. [Source: Public domain]The Tipton Three are still in a detention center in Kandahar. Shafiq Rasul is interrogated by a British soldier, who says he is a member of the SAS. Two US soldiers are present, one of whom puts an arm around Rasul’s neck and says: “Wait until you get back to the tent you will see what we are going to do to you.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Also this month, Rasul has the “very painful” experience of something being inserted into his anus. In other parts of the detention center, he hears soldiers intimidate prisoners with dogs. [Guardian, 8/4/2004] When Rhuhel Ahmed is questioned by the SAS man, one of the US soldiers holds a gun to his head, telling him he will be shot if he moves. When Ahmed is taken out of the tent, US soldiers force his head down and throw him on the floor, forcing his head into the broken glass and stones on the ground and pulling his arms behind him. The next day, Asif Iqbal receives the same treatment after refusing to confess to the SAS officer. All three are also threatened with being put into one of Britain’s high security prisons. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
The US State Department asks the government of Brazil to remove Jose Bustani from his position as director-general of the Organization for the Prohibition of Chemical Weapons (OPCW), because the US is uncomfortable with his “management style” and his plan to convince Iraq to join the OPCW (see Between January 20, 2001 and June 2001). Brazil refuses. George Monbiot of the Guardian will note that the request is in violation of the chemical weapons convention, which states: “The director-general… shall not seek or receive instructions from any government.” [Guardian, 4/16/2002]
The CIA leadership informs the two veteran CIA agents working on Anabasis (see Late November 2001 or December 2001), CIA agents Luis (his full name has not been disclosed) and John Maguire, that the plan needs to be ready for implementation by January 2003. Maguire will later recall the message being: “Be ready to turn this thing on by January 2003. Be ready to go in a year. You got a year.” Maguire understands this to mean that the decision to invade Iraq has been made. [Isikoff and Corn, 2006, pp. 12]
Deputy Secretary of Defense Paul Wolfowitz orders the CIA to conduct an investigation of Hans Blix, chairman of the new UN weapons inspection team (UNMOVIC) that will go to Iraq if Saddam Hussein agrees to re-admit the weapons inspectors. Wolfowitz feels that past investigations of Saddam’s declared nuclear power plants under the authority of Hans Blix were not sufficiently aggressive. The CIA reports back in late January that Blix conducted his past investigations “fully within the parameters he could operate” as chief of the agency. There are two opposing accounts of how Wolfowitz responds to the report’s conclusion. According to an anonymous former State Department official, Wolfowitz “hit the ceiling” upon learning the results because it did not provide a pretext for undermining Blix and UNMOVIC. However an administration official disputes this, claiming that he “did not angrily respond.” [Washington Post, 4/15/2002; Guardian, 4/23/2002; Independent, 5/10/2002] The Washington Post notes, “[T]he request for a CIA investigation underscored the degree of concern by Wolfowitz and his civilian colleagues in the Pentagon that new inspections—or protracted negotiations over them—could torpedo their plans for military action to remove Hussein from power” and ultimately lead to the suspension of sanctions. [Washington Post, 4/15/2002]
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