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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]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Paul Wolfowitz, Hans Blix

Timeline Tags: Events Leading to Iraq Invasion

White House political guru Karl Rove tells the Republican National Committee: “We can go to the American people on this issue of winning the war [against terrorism]. We can go to the country on this issue because they trust the Republican Party to do a better job of protecting and strengthening America’s military might and thereby protecting America.” In 2008, current deputy White House press secretary Scott McClellan will write: “Rove was the first administration official to publicly make the case for winning the war as a partisan issue, a marked shift in tone from [President] Bush’s repeated emphasis on unity and bipartisanship in confronting and defeating radical Islam.… Rove’s candor about this strategy infuriated suspicious Democrats, who condemned Rove for trying to politicize the war.” Bush will soon begin campaigning for Republicans in the midterm elections using Rove’s strategy. McClellan will note: “As governor [of Texas], he’d maintained good relations with friendly legislators by refusing to campaign against them, even if they were members of the opposing party. Bush’s actions prompted concern and anxiety among Democrats.” [McClellan, 2008, pp. 112-113]

Entity Tags: Scott McClellan, Bush administration (43), George W. Bush, Karl C. Rove, Republican National Committee

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Domestic Propaganda, 2004 Elections

Two psychologists, James Mitchell and Bruce Jessen, draft a paper on the use of harsh interrogations to break suspected al-Qaeda terrorists. Mitchell, a retired Air Force psychologist, and Jessen, the senior psychologist in charge of the Joint Personnel Recovery Agency (JPRA)‘s Survival, Evasion, Resistance, and Escape (SERE) training program, will soon begin consulting for both the Pentagon and a variety of US intelligence agencies on the harsh methods—torture—they advocate. Jessen proposes an interrogation program similar to those later adopted by the CIA and Pentagon. His proposal recommends creating what he calls an “exploitation facility,” off-limits to outside observers including journalists and representatives of the International Committee of the Red Cross, the agency detailed to ensure that captives in the custody of other nations are being treated properly in accordance with the Geneva Conventions. In the “exploitation facility,” interrogators would use such tactics as sleep deprivation, physical violence, and waterboarding to break the resistance of captured terrorism suspects. JPRA officials will later add their own suggestions to Jessen’s initial list, including sexually provocative acts by female interrogators and the use of military dogs. Most of these techniques are considered torture under the Geneva Conventions and the Convention Against Torture. [Washington Post, 4/22/2009]

Entity Tags: Geneva Conventions, Bruce Jessen, Central Intelligence Agency, Convention Against Torture, Joint Personnel Recovery Agency, James Elmer Mitchell, US Department of Defense, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

At the request of CIA Director George Tenet, the White House orders the FBI to hand Ibn al-Shaykh al-Libi, a captured al-Qaeda operative being held in Afghanistan (see December 19, 2001), over to the CIA. One day before the transfer, a CIA officer enters al-Libi’s cell, interrupting an interrogation being conducted by FBI agent Russel Fincher, and tells al-Libi: “You’re going to Cairo, you know. Before you get there I’m going to find your mother and I’m going to f_ck her.” Soon after, al-Libi is flown to Egypt. [Newsweek, 6/21/2004; Washington Post, 6/27/2004; Isikoff and Corn, 2006, pp. 121] The CIA officer will later be identified as “Albert,” a former FBI translator. [Mayer, 2008, pp. 106] Presumably, this is the same former FBI translator named “Albert” who will later threaten al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). [Associated Press, 9/7/2010] Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, will later say: “He’s carried off to Egypt, who torture him. And we know that he’s going to be tortured. Anyone who’s worked on Egypt, has worked on other countries in the Middle East, knows that. Egyptians torture him, and he provides a lot of information.” [PBS Frontline, 6/20/2006]
Provides Mix of Valid, False Information - It is unclear whether al-Libi is interrogated solely by Egyptian officials, or by a combination of Egyptian and CIA interrogators. Al-Libi is subjected to a series of increasingly harsh techniques, including at least one, waterboarding, that is considered torture (see Mid-March 2002). Reputedly, he is finally broken after being waterboarded and then forced to stand naked in a cold cell overnight where he is repeatedly doused with cold water by his captors. Al-Libi is said to provide his Egyptian interrogators with valuable intelligence about an alleged plot to blow up the US Embassy in Yemen with a truck bomb, and the location of Abu Zubaida, who will be captured in March 2002 (see Mid-May 2002 and After). However, in order to avoid harsh treatment he will also provide false information to the Egyptians, alleging that Iraq trained al-Qaeda members in bomb making and poisons and gases. Officials will later determine that al-Libi has no knowledge of such training or weapons, and fabricates the statements out of fear and a desire to avoid further torture. Sources will later confirm that al-Libi did not try to deliberately mislead his captors; rather, he told them what he thought they wanted to hear. [ABC News, 11/18/2005; New York Times, 12/9/2005]
Using Allegations in White House Statements - Both President Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003) will include these allegations in major speeches.
Shifting Responsibility for Interrogations to CIA from FBI - The FBI has thus far taken the lead in interrogations of terrorist suspects, because its agents are the ones with most experience. The CIA’s apparent success with al-Libi contributes to the shift of interrogations from the bureau to the CIA. [Washington Post, 6/27/2004] Such methods as making death threats, advocated by the CIA, are opposed by the FBI, which is used to limiting its questioning techniques so the results from interrogations can be used in court. [Washington Post, 6/27/2004] “We don’t believe in coercion,” a senior FBI official says. [Guardian, 9/13/2004]

Entity Tags: “Albert”, Russell Fincher, George J. Tenet, Vincent Cannistraro, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

Tim Reid, a journalist from the London Times, visits the Kandahar city jail and meets with Jamal Udeen (see October 2001), formerly a prisoner of the Taliban, four times in one week. Udeen is still trying to find a way back to Britain. His four fellow inmates are a Russian from Tartarstan, two Saudi Arabians and a Syrian Kurd; all free to go, but waiting for an opportunity. Udeen tells Reid resolutely that he was not in Afghanistan to fight for the Taliban or al-Qaeda. “If I came here to fight, I wouldn’t have been thrown in prison,” he argues. “I travel all the time. That is all I was doing.” Reid later says: “I felt sure he was no terrorist. I even tried to get him released.” [London Times, 3/11/2004]

Entity Tags: Tim Reid, Jamal Udeen, Taliban

Timeline Tags: Torture of US Captives, War in Afghanistan

Mohammed Saad Iqbal Madni.Mohammed Saad Iqbal Madni. [Source: Public domain]The CIA sends a request to Indonesia to arrest suspected 24-year old al-Qaeda operative Mohammed Saad Iqbal Madni and extradite him to Egypt. The CIA found his name in al-Qaeda documents obtained in Afghanistan. The agency believes that Iqbal, a Pakistani, worked with Richard Reid (see December 22, 2001), the Briton charged with attempting to blow up an American Airlines flight from Paris to Miami on December 22 with explosives in his shoes. A few days later, the Egyptian government sends Jakarta a formal request to extradite Madni in connection with terrorism, providing Indonesian authorities with a convenient cover for complying with the CIA request. On January 9, Iqbal is detained in Jakarta by Indonesia’s State Intelligence Agency at the insistence of the CIA. He is flown to Egypt two days later (see January 11, 2002). [Washington Post, 3/11/2002]

Entity Tags: Central Intelligence Agency, Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former ambassador Joseph Wilson has numerous conversations with Brent Scowcroft, the former national security adviser to the first President Bush (see September 1998), and the head of the Foreign Intelligence Advisory Board, about what Wilson sees as the worrisome drive to war with Iraq in the aftermath of the 9/11 attacks. Wilson is particularly worried about the neoconservatives in the current Bush administration and their call for the implementation of the Iraq Liberation Act (see October 31, 1998) by declaring war against Iraq. Scowcroft is dismissive of the administration neoconservatives, calling them “right-wing nuts” and assuring Wilson, “They will not win the policy.” Wilson is not so sure, telling Scowcroft that, as he will write in 2004, “[w]e were committing our future… to a band of fanatics whose approach was the opposite of that pursued by the first President Bush, or articulated by candidate George W. Bush (see October 3, 2000 and October 11, 2000)…” Wilson believes, wrongly that Scowcroft’s “sage counsel [is] being listened to in the White House” (see October 16, 2001). [Wilson, 2004, pp. 290-291]

Entity Tags: Issuetsdeah, Brent Scowcroft, Joseph C. Wilson, George Herbert Walker Bush, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence, Niger Uranium and Plame Outing

Walid al-Qadasi, a 22-year-old Yemeni, is captured in Iran and transferred to US custody, where he is soon transferred to an Afghan prison. Like another captive, Wisam Ahmed (see December 2001 and After), al-Qadasi calls the site the “Dark Prison.” (Civil rights activist Andy Worthington later writes that he believes Ahmed and al-Qadasi were kept at different sites.) Al-Qadasi will later recall: “The Americans interrogated us on our first night which we coined as ‘the black night.’ They cut our clothes with scissors, left us naked, and took photos of us before they gave us Afghan clothes to wear. They then handcuffed our hands behind our backs, blindfolded us, and started interrogating us.… They threatened me with death, accusing me of belonging to al-Qaeda.” After the initial interrogation, he recalls: “They put us in an underground cell measuring approximately two meters by three meters. There were 10 of us in the cell. We spent three months in the cell. There was no room for us to sleep so we had to alternate.… It was too hot in the cell, despite the fact that outside the temperature was freezing (there was snow), because the cell was overcrowded.” He will recall being fed only once a day, tormented by ear-splittingly loud music, and will say that one of his fellow detainees “went insane.” According to his later statement, when Red Cross representatives come to visit, the most severely disturbed prisoners are secretly moved to another cell that is off limits. Al-Qadasi will be transferred to Guantanamo, and in 2004 will be remanded into Yemeni custody. [Future of Freedom Foundation, 4/27/2009]

Entity Tags: Wisam Ahmed, Andy Worthington, Walid al-Qadasi

Timeline Tags: Torture of US Captives

Vice President Dick Cheney makes an unusually personal plea to President Bush to redirect the US war on terror to focus on Iraq and Saddam Hussein. Several of Bush’s senior aides have argued the point before, but until now the US strategy has been to root out al-Qaeda from Afghanistan. Cheney argues that in 1991 he was part of the team that created what he now believes to be a flawed policy—leaving Hussein in power after the Gulf War—and now Bush can correct that error (see February 1991-1992). Cheney’s argument is very successful. “The reason that Cheney was able to sell Bush the policy is that he was able to say, ‘I’ve changed,’” a senior administration official will say. “‘I used to have the same position as [James] Baker, [Brent] Scowcroft, and your father—and here’s why it’s wrong.’” By late February or early March of 2002, Bush has swung to the position Cheney advocates, so much so that he interrupts a meeting between National Security Adviser Condoleezza Rice and three senators to boast: “F_ck Saddam. We’re taking him out” (see (March 2002)). [New Republic, 11/20/2003] According to his 2008 book What Happened, deputy press secretary Scott McClellan isn’t sure why Cheney is so determined to invade Iraq. McClellan will state flatly that “some, like Cheney, [Defense Secretary Donald] Rumsfeld, and [Deputy Defense Secretary Paul] Wolfowitz were evidently pursuing their own agendas,” and will note that “[t]he most significant of their personal agendas was probably Cheney’s, given his closeness to the president and his influence over him.” Because of “Cheney’s personality and his penchant for secrecy,” McClellan believes his agenda “is the most likely to remain unknown.” Whether Cheney was driven to “finish the job he started as defense secretary in 1991,” when the US invaded Iraq but did not topple the Hussein regime (see January 16, 1991 and After), or whether he sought to “give America more influence over Iraq’s oil reserves,” McClellan is unsure. McClellan will write that Condoleezza Rice, President Bush’s top foreign policy adviser, should have stood up to the “forceful personalities” of Cheney, Rumsfeld, and Wolfowitz, “rather than deferring to them.” But, he will write, “my later experiences with Condi led me to believe that she was more interested in figuring out where the president stood and just carrying out his wishes while expending only cursory effort on helping him understand all the considerations and potential consequences” of an invasion. Bush, McClellan will observe, is “intellectually incurious” and prone to make decisions based on instinct rather than “deep intellectual debate.” McClellan believes that Bush’s mistakes “could have been prevented had his beliefs been properly vetted and challenged by his top advisers. Bush’s top advisers, especially those on his national security team, allowed the president to be put in the position he is in today. His credibility has been shattered and his public standing seemingly irreparably damaged.” [McClellan, 2008, pp. 145-146]

Entity Tags: George W. Bush, Scott McClellan, Saddam Hussein, Donald Rumsfeld, Paul Wolfowitz, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Events Leading to Iraq Invasion

Some of the weapons found aboard the ‘Karine A.’Some of the weapons found aboard the ‘Karine A.’ [Source: Associated Press / BBC]Israeli commandos seize a freighter, the “Karine A” (or “Karin A”), in the Red Sea 300 miles off the coast of Israel, in an operation dubbed “Operation Noah’s Ark.” Eli Marum, an Israeli Navy operations chief, says the operation took less than eight minutes and did not require a single shot being fired. “The crew was fully surprised,” he says. “They did not anticipate that we would strike so far out into the Red Sea.” Israeli officials claim the freighter contains a large store of Iranian-supplied weapons—including Katyusha rockets capable of destroying tanks, mortars, grenades, Kalashnikov assault rifles, anti-tank missiles, high explosives, and two speedboats—for use by Palestinian fighters against Israeli targets. The Palestinian Authority is forbidden by treaty to own such weaponry. Israel also claims that the captain of the freighter, Omar Akawi, has direct ties to the Palestinian Authority and to its leader, Yasser Arafat. (According to Israeli sources, Akawi claims he is a member of Arafat’s organization Fatah.) Defense Minister Binyamin Ben-Eliezer tells European Union (EU) authorities that the freighter “was purchased by the Palestinian Authority after September 11” and that “the whole operation was managed and funded by the Palestinian Authority in cooperation with Iran and other sources.” [BBC, 1/10/2002; Guardian, 1/21/2002; Jewish Virtual Library, 2009] “What Iran is trying to do is create another base, besides its base in Lebanon” to threaten Israel, says Major General Giora Eiland, the Israeli Army’s chief of planning. [New York Times, 1/12/2002]
Arafat's Denials - Initially, Arafat denies any connection whatsoever with the shipment, accusing Israel of fomenting a propaganda attack to thwart US-led efforts to implement a cease-fire agreement, and says Israel “fabricated” the whole affair. Ahmed Abdel Rahman, the secretary general of the Palestinian cabinet, calls the operation “an Israeli trap.” Later, Arafat continues to insist that he had no involvement in the affair, but admits that he cannot control “everyone” in the Palestinian Authority. American and Israeli intelligence officials note that the weaponry on board the “Karine A” is similar to that of a “wish list” allegedly drawn up by senior Palestinian officials under Arafat’s direction. [New York Times, 1/12/2002; Jewish Virtual Library, 2009]
Propaganda by Israel? - Some, such as Guardian reporter Brian Whitaker, believe that Israel is using the incident to persuade the EU to stop funding the Palestinian Authority. And, Whitaker notes, Israeli lawmakers and pundits such as former President Benjamin Netanyahu are using the incident to argue that the idea of Palestinian statehood be permanently scrapped. Whatever the truth of the matter, the attempts suffer setbacks when documents show that an Iraqi, Ali Mohamed Abbas, purchased the ship, and other records disprove the Israelis’ claims about the ship’s cargo, which Israel says it picked up in Yemen. It seems clear that the freighter was indeed carrying weapons, but little of Israel’s other claims—they were Iranian in origin and intended for Palestinian use against Israel—are borne out by ascertainable facts.
Hezbollah Connection? - American intelligence sources later speculate that the weapons may have been intended for Hezbollah, the Lebanese Shi’ite militant organization with close ties to Iran, and not the Palestinians. Israel is initially resistant to the idea, but Israeli defense sources later tell Israeli reporters that it was “certainly possible that some of the arms were earmarked for Hizbullah,” though it is certain that most “were clearly bound for the Palestinian Authority.” Whitaker echoes skeptics’ disbelief about the Hezbollah claim, noting that there are easier and more secure methods of delivering arms to Lebanon than a risky sea voyage past Israeli patrol boats. [Guardian, 1/21/2002] Israel names reputed senior Hezbollah security officer Imad Mughniyeh as a key figure in the incident. Mughniyeh has not been heard from for years by Western intelligence, but is wanted by the FBI for his participation in kidnapping Americans in Beirut during the 1980s and the hijacking of a TWA passenger plane. The BBC reports, “Correspondents say the Israeli government has been going to great lengths to convince Washington that the Palestinian leader Yasser Arafat is linked to Tehran and the pro-Iranian Hezbollah, and hence to what it sees as international terrorism.” [BBC, 1/10/2002]
Iranian Connection Unlikely - And the Iranian connection is similarly hard to swallow. Though Israel insists that the arms prove a new and disturbing connection between Iran and Palestinian militants, Whitaker writes, “most non-Israeli observers of Iran ridicule the idea totally, for a variety of historical, political and religious reasons. It also conflicts with the foreign policies adopted by [Iranian] President [Mohamed] Khatami.” He goes on to add: “The trouble with Iran, though—as one Iranian exile remarked last week—is that it has two governments and 10,000 leaders. If you are going to pin blame, you have to determine which one is responsible.” Whitaker is referring to Iran’s religious and secular leaders, who are often at odds with one another, and to the propensity of Iranian leaders from both sides to conduct independent operations without “official” government sanction. [Guardian, 1/21/2002] The New York Times notes: “Iran’s government has dismissed the Israeli accusations. But Iran’s Revolutionary Guards have discretionary funds and access to weapons, and they often run operations independent of the elected government of… Khatami.” [New York Times, 1/12/2002] The “Karine A” incident helps prompt Bush officials to include Iran as a member of the so-called “axis of evil,” disrupting backchannel negotiations between Iranian and US officials (see January 29, 2002).

Entity Tags: Fatah al-Islam, Omar Akawi, Giora Eiland, Hezbollah, Eli Marum, Bush administration (43), Brian Whitaker, Ahmed Abdel Rahman, Yasser Arafat, Hojjat ol-Eslam Seyyed Mohammad Khatami, Imad Mughniyeh, Benjamin Ben-Eliezer, Benjamin Netanyahu, Ali Mohamed Abbas

Timeline Tags: US International Relations

John Walker Lindh, held on the USS Bataan, is allowed for the first time to receive letters from his parents and the lawyers they hired on his behalf almost a month before (see December 31, 2001). [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives

The Justice Department’s Patrick Philbin sends a classified memo to Attorney General John Ashcroft. The memo’s contents will not be divulged, but the American Civil Liberties Union (ACLU) will later learn that it regards Ashcroft’s review of the Terrorist Surveillance Program (TSP—see March 2002). [American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo contains a legal review by Ashcroft of President Bush’s order authorizing the TSP, the Bush administration’s name for its warrantless wiretapping program. The review is requested before one of the 45-day reauthorizations by the president as required by law. [ProPublica, 4/16/2009]

Entity Tags: US Department of Justice, Patrick F. Philbin, Terrorist Surveillance Program, American Civil Liberties Union, John Ashcroft

Timeline Tags: Civil Liberties

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

“[W]ithout a court hearing or lawyer,” Mohammed Saad Iqbal Madni, arrested in Indonesia two days earlier at the request of the CIA (see Early January-January 9, 2002), is pushed aboard an unmarked, US-registered Gulfstream V jet, parked at a military airport in Jakarta. According to the Washington Post, the plane flies straight to Cairo. [Washington Post, 3/11/2002; Guardian, 3/12/2002; Christian Science Monitor, 7/26/2002] The Tipton Three, however, believe he is first taken to the US base in Bagram, Afghanistan. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Indonesian government officials say publicly that Madni has been extradited because of visa violations: Madni failed to write down the name of a sponsor for his visit to Indonesia on his visa application form. A senior Indonesian government official later says the extradition request from Egypt (see Early January-January 9, 2002) and the discovery of Iqbal’s visa infraction provided Indonesia with a convenient excuse to comply with the CIA’s request, because it would have been unacceptable to Indonesia’s population if its government were seen to be cooperating with the US. “This was a US deal all along. The CIA asked us to find this guy and hand him over. We did what they wanted.” He adds, “Egypt just provided the formalities.” In Cairo, Madni is reportedly also questioned by US agents. He remains in Egyptian custody until March 2004 (see March 2004). [Washington Post, 3/11/2002; Guardian, 3/12/2002; Christian Science Monitor, 7/26/2002]

Entity Tags: Central Intelligence Agency, Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, Alberto R. Gonzales, American Civil Liberties Union, John C. Yoo, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents will never be divulged, but the American Civil Liberties Union (ACLU) will later learn that it regards the authority of the OLC, the attorney general, the Justice Department, and the State Department in interpreting treaties and international law. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: American Civil Liberties Union, Alberto R. Gonzales, US Department of State, US Department of Justice, Office of Legal Counsel (DOJ), Jay S. Bybee

Timeline Tags: Civil Liberties

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Egyptian national Abdallah Higazy (see December 17, 2001), who has falsely confessed to owning a transceiver that may connect him to the 9/11 plot in order to save his family from being tortured (see December 27, 2001), is charged with making false statements connected to the 9/11 attacks. Higazy has given three different versions of how he obtained the radio; the FBI is sure he is lying about not being complicit in the plot. Three days after Higazy is charged, an airline pilot from Ohio claims the suspect transceiver as his own, and unknowingly vindicates Higazy. Higazy is released two days later, and a hotel security guard is eventually charged with lying to the FBI about the location of the radio. Higazy’s lawyer, Jonathan Abady, later says: “What if that pilot had not walked into the Millennium Hotel? We know that Mr. Higazy could have spent the rest of his life in prison.” In 2007, Higazy will say that he chose to confess to the ownership of the suspect transceiver because he knew the FBI could have his family turned over to Egyptian intelligence agents for torture. “I knew I couldn’t prove my innocence, and I knew my family was in danger,” he will recall. “If I say this device is mine, I’m screwed and my family is going to be safe. If I say this device is not mine, I’m screwed and my family’s in danger. And [FBI] Agent [Michael] Templeton made it quite clear that ‘cooperate’ had to mean saying something else other than this device is not mine.” Higazy’s subsequent lawsuit against the hotel (prompted by a hotel employee lying to the FBI about him) will eventually be settled out of court; his suit against the FBI will still be pending in October 2007 (see October 18, 2007). [Washington Post, 10/25/2007]

Entity Tags: Michael Templeton, Abdallah Higazy, Jonathan Abady, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In Kandahar, American soldiers call out a number of prisoners including Shafiq Rasul (see November 28, 2001). He has a sack placed over his head and his wrists and ankles are shackled. Someone, “for no reason,” hits him on the back of his head with a handgun. During the night, he stays with about 20 other detainees in a tent with a wet floor, and “no bed or mattress or anything.” The next morning, Asif Iqbal and Rasul, both recall, have their clothes cut off and their beards and heads shaven. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Taken outside, naked, shackled, and hooded, Rasul hears dogs nearby and soldiers shouting, “Get ‘em boy.” In another tent, something is painfully forced into his anus. He and the others are then given orange uniforms, and new handcuffs are attached to a chain around their waists and cuffs around their ankles. The cuffs, according to Rasul, are “extremely tight and cut into my wrists and ankles.” Next, they are donned with mittens, ear-muffs, blacked-out goggles, and a sort of surgical mask. Rasul is then made to sit down outside in the freezing cold on the ground “for hours and hours, perhaps nine or ten altogether,” not allowed to move. At last Rasul, Iqbal, and about 40 other prisoners are led aboard a cargo plane, and chained on benches with no back. Any movement is responded to with a kick. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Later on, the passengers’ hands will be tied to hand rests and their bodies held attached by a belt to the back of a chair. [Guardian, 12/3/2003] Their destination is unknown to them. During the flight, according to Iqbal, they receive an unusual luxury: “peanut butter and jelly sandwiches and orange slices.” At some point during the journey, more than halfway, the plane lands and the prisoners are transferred to another plane. As to where this is, the two Britons have no clue, but it is “obviously somewhere very hot.” Ahmed, who will come to Guantanamo one month later, makes a similar landing during the journey and is told by soldiers they have landed in Turkey. During the switch, a soldier stamps on the chain between Iqbal’s ankles, which is “extremely painful.” Two-and-a-half years later Rasul will still have scarring on his left arm from the tightness of the shackles during the flight. He also loses the feeling in his right hand for a long time because of it. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Around January 13, Iqbal and Rasul arrive at Guantanamo (see January 13, 2002).

Entity Tags: Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

Pakistani President Pervez Musharraf makes “a forceful speech… condemning Islamic extremism.” [Washington Post, 3/28/2002] He is essentially forced to make the speech in response to intense international pressure, as incursions by Islamist militants backed by Pakistan into the disputed region of Kashmir have brought Pakistan and India to the brink of nuclear war. For instance, on January 6, President Bush says publicly, “I think it’s very important for President Musharraf to make a clear statement to the world that he intends to crack down on terror. And I believe if he does that… it’ll provide relief… on a situation that’s still serious.” The US even gives Musharraf a list of points to cover in the speech, and he says everything the US wants him to say. In the speech, Musharraf says: “Pakistan has been made a soft state where the supremacy of law is questioned. This situation cannot be tolerated any longer.… Pakistan rejects and condemns terrorism in all its forms and manifestations. Pakistan will not allow its territory to be used for any terrorist activity anywhere in the world.… No organization will be allowed to indulge in terrorism in the name of Kashmir.” He specifically denounces violent jihad for the first time. However, he does not renounce Pakistan’s claims to Kashmir, saying, “Kashmir runs in our blood.” He announces a ban on five militant groups, and more than a thousand militants are arrested after the speech. The speech does cool tensions with India temporarily. But within several months it is clear that the attacks in Kashmir are continuing and most of the arrested militants have been released (see Shortly After January 12-March 2002). Pakistan and India come close to nuclear war again by May 2002. [Rashid, 2008, pp. 116-118, 146]

Entity Tags: Pervez Musharraf, George W. Bush

Timeline Tags: Complete 911 Timeline

The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed, Shafiq Rasul, Asif Iqbal

Timeline Tags: Torture of US Captives

The “military analysts” named by the New York Times as participants in the Pentagon’s propaganda operation to manipulate public opinion on the Iraq war (see April 20, 2008 and Early 2002 and Beyond) appear over 4,500 times on network and television news broadcasts between January 1, 2002 and May 13, 2008. The news outlets included in the May 13, 2008 count, performed by the media watchdog group Media Matters, includes ABC, ABC News Now, CBS, CBS Radio Network, NBC, CNN, CNN Headline News, Fox News, MSNBC, CNBC, and NPR. Media Matters uses the Lexis/Nexis database to compile their report. Media Matters releases a spreadsheet documenting each analyst’s appearance on each particular broadcast outlet. [Media Matters, 5/13/2008] Salon columnist Glenn Greenwald notes, “If anything, the Media Matters study actually under-counts the appearances, since it only counted ‘the analysts named in the Times article,’ and several of the analysts who were most active in the Pentagon’s propaganda program weren’t mentioned by name in that article.” [Salon, 5/15/2008]

Entity Tags: US Department of Defense, New York Times, National Public Radio, Media Matters, CNBC, CBS News, ABC News, NBC, Fox News, MSNBC, Glenn Greenwald, CNN

Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

Justice Department lawyers John Yoo and Robert Delahunty send a classified memo to the chief legal adviser for the State Department, William Howard Taft IV. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Justice Department’s interpretation of the War Crimes Act. According to Yoo and Delahunty, the War Crimes Act does not allow the prosecution of accused al-Qaeda and Taliban suspects. Yoo will cite this memo in a 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, William Howard Taft IV, US Department of Justice, War Crimes Act, US Department of State

Timeline Tags: Civil Liberties

From mid-January on, according to Rhuhel Ahmed (see November 28, 2001), the situation at Kandahar begins to deteriorate. “They kept moving us around from tent to tent. This went on all day and night so it was impossible to settle down for the night. They also shone powerful lights into the tents which made things worse.” At some point in February, Ahmed is awakened during the night every hour on the hour. He also suffers from isolation. “There were no cages in the tents but you were separated from the person next to you by barbed wire. You were not allowed to communicate with anyone in the tent. I started to feel crazy from the isolation…. My conversations with the soldiers were the only real relief I had because it was human contact.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed

Timeline Tags: Torture of US Captives, War in Afghanistan

After more than two months and more than 350 inspections, the UN teams have failed to find the arsenal of banned weapons the US and Britain claim Iraq has. Nor are there any signs of programs to build such weapons. The London Observer reports that International Atomic Energy Agency (IAEA) inspectors are convinced Iraq does not have a reconstituted nuclear weapons program. “IAEA officials and intelligence sources admit it is extremely unlikely that Iraq has nuclear weapons squirreled away,” The Observer reports, explaining that “… the IAEA [had] revealed that analysis of samples taken by UN nuclear inspectors in Iraq… showed no evidence of prohibited nuclear activity.” [Observer, 1/26/2003; Los Angeles Times, 1/26/2003; Washington Post, 12/27/2003]

Entity Tags: International Atomic Energy Agency, United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

By this time, more than 300 different inspections have been conducted in Iraq by the UN weapons inspection teams, which report no instances of Iraqi attempts to impede their access to the alleged weapons sites. [Associated Press, 1/18/2003; Baltimore Sun, 1/20/2003; New York Times, 1/20/2003] The London Independent quotes one diplomat, who says, “Realistically, it is not going to be easy to see in the next two months that we will be able to say that Iraq is not cooperating.” [Independent, 1/8/2003] Inspectors also say that there are no signs that Iraq is developing weapons of mass destruction. An Associated Press report cites several specific cases of alleged weapons sites that the inspection teams—after repeated visits—have determined are not involved in the production of weapons of mass destruction. “UN arms monitors have inspected 13 sites identified by US and British intelligence agencies as major ‘facilities of concern,’ and reported no signs of revived weapons building.” [Associated Press, 1/18/2003; Baltimore Sun, 1/20/2003; New York Times, 1/20/2003] And International Atomic Energy Agency (IAEA) Chief Weapons Inspector Mohamed ElBaradei tells reporters: “I think it’s difficult for Iraq to hide a complete nuclear-weapons program. They might be hiding some computer studies or R. and D. on one single centrifuge. These are not enough to make weapons” (see January 11, 2003). [Time, 1/12/2003]

Entity Tags: Mohamed ElBaradei, International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion

Referring to the UN weapons inspectors’ upcoming report (see January 27, 2003), Colin Powell says in an interview with Saturday’s Sueddeutsche Zeitung, “We believe that at the end of the month it will be convincingly proven that Iraq is not cooperating.” [BBC, 1/18/2003]

Entity Tags: Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

After three months, none of the allegations that the US made against the six men arrested in Bosnia in October 2001 (see January 18, 2002) have been proven, and the Supreme Court of the Muslim-Croat Federation orders their release. The US refused to provide evidence in court that the men were tied to al-Qaeda, as alleged. After the Supreme Court’s ruling, the Human Rights Chamber for Bosnia-Herzegovina (BiH) says that four of the six men cannot be expelled from the country until it has ruled on their appeal against the retraction of their citizenship. A hearing is scheduled for February 11. [BBC, 1/22/2002; CNN, 1/18/2004; Washington Post, 5/11/2004] At least some of the six figures do seem to have ties to al-Qaeda. For instance, Saber Lahmar was convicted in Bosnia of attempting to blow up the US embassy there in 1997 (see 1996 and After). But the evidence against them is based on communications intercepts, and the US is unwilling to release any details about that information. The hearing never takes place, because the US takes custody of the men as they are released and renditions them to the Guantanamo prison (see January 18, 2002).

Entity Tags: Mohamed Nechle, Saber Lahmar, Mustafa Ait Idir, Lakhdar Boumediene, Human Rights Chamber for Bosnia-Herzegovina, Al-Qaeda, Supreme Court of the Muslim-Croat Federation, Al-Hajj Boudella, Bensayah Belkacem

Timeline Tags: Torture of US Captives

Six days after the first detainees have arrived from Afghanistan, representatives from the International Committee for the Red Cross (ICRC) visit Guantanamo. They meet with the prison commanders on January 21 and recommend a number of improvements. [Washington Post, 6/13/2004] The ICRC has noticed some restrictions on religious expression it objects to. During the first week of the prison’s operation, praying according to Islamic custom is not allowed or is at least prevented. When someone calls out the call to prayers, or Azzan, according to detainee Asif Iqbal, guards respond “by either silencing the person who was doing it, or, more frequently, play loud rock music to drown them out.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Notwithstanding the intercession by the ICRC, religious freedoms apparently continue to be restricted, as Mohammed Saghir, a grey-bearded sawmill owner, will later recall. “In the first one-and-a-half months they wouldn’t let us speak to anyone, wouldn’t let us call for prayers or pray in the room,” Saghir says. “I tried to pray and four or five commandos came and they beat me up. If someone would try to make a call for prayer they would beat him up and gag him.” [Guardian, 12/3/2003]

Entity Tags: Asif Iqbal, Mohammed Saghir

Timeline Tags: Torture of US Captives

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

John Bellinger, the White House’s chief national security counsel, sends his supervisor, National Security Adviser Condoleezza Rice, what he thinks is a private memo with a blunt warning about the legality of the proposal to ignore the Geneva Conventions in interrogating terror suspects (see January 18-25, 2002). The proposal, Bellinger writes, will place Bush in direct breach of international law and threaten the most fundamental cooperation from allied governments. Faxes from other governments, even Britain, have been pouring into the State Department warning that they cannot turn over suspects to the US if the Bush administration withdraws from accepted legal norms. The Bellinger memo quickly finds its way into Vice President Cheney’s office, to Bellinger’s chagrin; Cheney is reportedly “concerned” about Belliger’s advice. Bellinger does not know until now that any documents prepared for Rice are always “routed outside the formal process” to Cheney. The reverse does not apply. Bellinger is unaware of just how systematically he is being cut out of the decision-making process. [Ledger (Lakeland FL), 10/24/2004; Washington Post, 6/24/2007]

Entity Tags: Condoleezza Rice, Bush administration (43), John Bellinger, US Department of State, Geneva Conventions, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

George Melloan, a deputy editor of the Wall Street Journal editorial page, calls on the Bush administration to adopt a hardline policy toward Iran. “Mr. Bush has already advised the clerics to butt out of Afghanistan. Next will come attention to Iran’s support of terrorism. It will need to start with a demand that Iran, the PLO and Hezbollah recognize Israel’s right to exist or accept the consequences of refusal.” [Wall Street Journal, 1/19/2002]

Entity Tags: Bush administration (43), George Melloan

Timeline Tags: US confrontation with Iran

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), John C. Yoo, Jay S. Bybee, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan

Jamal Udeen, still stuck in Kandahar (see October 2001), stays in touch with the International Committee for the Red Cross (ICRC) and makes phone calls to the British Consulate, which assures him he will soon be put on a flight to Kabul and then sent back to Britain. [Mirror, 3/12/2004] Meanwhile, London Times reporter Tim Reid also speaks with the Red Cross, which tells him that Udeen can fly with him to Kabul. [London Times, 3/11/2004]

Entity Tags: Jamal Udeen, Tim Reid

Timeline Tags: Torture of US Captives

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo regards the application of international law to the United States (see January 22, 2002). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo

Timeline Tags: Civil Liberties

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

David Addington, the chief counsel for Vice President Cheney, writes that the Geneva Conventions’ “strict limits on questioning of enemy prisoners” cripple US efforts “to quickly obtain information from captured terrorists” (see January 18-25, 2002). Cheney is now grappling with the fundamental concept of how much pain and suffering US personnel can inflict on an enemy to make him divulge information. Addington worries that US personnel, including perhaps even Cheney, might someday face criminal charges of torture and abuse of prisoners. Geneva forbids not only torture but the use of “violence,” “cruel treatment” or “humiliating and degrading treatment” against a detainee “at any time and in any place whatsoever.” Such actions constitute felonies under the 1996 War Crimes Act. Addington decides that the best defense for any such charge will combine a broad presidential directive mandating general humane treatment for detainees, and an assertion of unrestricted authority to make exceptions. Bush will issue such a directive, which uses Addington’s words verbatim, two weeks later (see February 7, 2002). [Washington Post, 6/25/2007]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, Geneva Conventions

Timeline Tags: Civil Liberties

Secretary of State Colin Powell asks for a meeting with President Bush, hoping to dissuade him from abandoning the Geneva Conventions in the interrogation procedures involving terror suspects (see January 18-25, 2002). Powell is unaware that he and the State Department have been deliberately cut out of the decision-making process by the Office of the Vice President.
Memo Released to Undermine Powell - Before Powell can meet with the president, White House counsel Alberto Gonzales releases a memo that paints Geneva as “quaint” (see January 25, 2002) to the administration, in an attempt to anticipate and undermine Powell’s objections. Following up on the argument that the Geneva Conventions are “quaint,” Vice President Cheney’s chief counsel, David Addington, portrays Powell as a defender of “obsolete” rules devised for an earlier time. If Bush follows Powell’s lead, Addington warns, US forces would be obliged to provide athletic gear and commissary privileges to captured terrorists. State Department lawyer David Bowker later says that Powell never argued that al-Qaeda and Taliban detainees deserve the full privileges of prisoners of war; while each captive deserves a status review under Geneva, he believes few will qualify because the suspects do not wear uniforms on the battlefield or obey a lawful chain of command. Bowker recalls, “We said, ‘If you give legal process and you follow the rules, you’re going to reach substantially the same result and the courts will defer to you.’” The upshot of Bush’s decision to go with Gonzales’s opinion over Powell’s has the effect of relegating the State Department to the sidelines. A senior administration official will later recall: “State was cut out of a lot of this activity from February of 2002 on. These were treaties that we were dealing with; they are meant to know about that.” State’s senior legal adviser, William H. Taft IV, is shunned by the lawyers who dominated the detainee policy, officials say; some Bush conservatives privately call Taft too “squishy and suspect” to adequately fight terrorists, according to a former White House official. “People did not take him very seriously.” [Ledger (Lakeland FL), 10/24/2004; Washington Post, 6/24/2007]
Memo Prompts Media Criticism of Powell - As Gonzales’s memo begins to circulate around the government, Addington says to White House lawyer Timothy Flanigan, “It’ll leak in 10 minutes.” He is correct: on January 26, the conservative Washington Times prints a front-page article that features administration sources accusing Powell of “bowing to pressure from the political left” and advocating that terrorists be given “all sorts of amenities, including exercise rooms and canteens.” The article implies that Powell is soft on the nation’s enemies. Addington blames the State Department for leaking the memo, and says that the leak proves Taft cannot be trusted. Taft later recalls, “I was off the team.” Addington had marked him as an enemy, Taft will recall, but Taft had no idea he was at war. “Which, of course, is why you’re ripe for the taking, isn’t it?” he adds. [Alberto R. Gonzales, 1/25/2002 pdf file; Washington Post, 6/24/2007]

Entity Tags: Timothy E. Flanigan, Geneva Conventions, David S. Addington, David Bowker, Colin Powell, Alberto R. Gonzales, Al-Qaeda, George W. Bush, Taliban, William Howard Taft IV, US Department of State, Office of the Vice President, Washington Times

Timeline Tags: Torture of US Captives, Civil Liberties

White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 pdf file; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]

Entity Tags: George W. Bush, Office of Legal Counsel (DOJ), Geneva Conventions, Alberto R. Gonzales, Colin Powell, David S. Addington, Al-Qaeda, Taliban, Richard B. Myers

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

During a visit to Guantanamo, Defense Secretary Donald Rumsfeld repeats his earlier statement that the prisoners are “among the most dangerous, best-trained, vicious killers on the face of the earth.” [American Forces Press Service, 1/27/2002; Fox News, 1/28/2002]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Three weeks after the “Karine A” is seized, allegedly filled with Iranian weapons destined to be used against Israel (see January 3, 2002 and After), President Bush names Iran as one of the world’s “axis of evil” nations (see January 29, 2002). State Department official Hillary Mann, who has been facilitating secret backchannel discussions with Iranian officials for over a year (see September 11, 2001 and Fall 2001), later confirms that the “Karine A” incident helped prompt Iran’s inclusion in Bush’s speech. The speech prompts the Iranians to skip the monthly meeting with Mann in Geneva. When they resume their meeting in March, the Iranians, according to Mann, are disturbed by Bush’s characterization. “They said they had put their necks out to talk to us and they were taking big risks with their careers and their families and their lives,” she will recall. [Esquire, 10/18/2007]

Entity Tags: Hillary Mann, George W. Bush

Timeline Tags: US International Relations

When asked why he included Iran in the “axis of evil” (see January 29, 2002), President Bush answers: “It is very important for the American president at this point in history to speak very clearly about the evils the world faces.… I believe the United States is the beacon for freedom in the world. And I believe we have a responsibility to promote freedom that is as solemn as the responsibility is to protecting the American people, because the two go hand in hand.” [Scoblic, 2008, pp. 247]

Entity Tags: George W. Bush

Timeline Tags: US confrontation with Iran

Uzi Arad.Uzi Arad. [Source: Jerusalem Post]Israeli officials tell Bush officials shortly after the president’s “axis of evil” speech (see January 29, 2002) that of the three countries on the list—Iran, Iraq, and North Korea—Iraq is a distant third as far as posing any threat to its neighbors. But Bush officials have a plan. According to former Mossad director of intelligence Uzi Arad, who served as Benjamin Netanyahu’s foreign policy advisor, those officials respond, “Let’s do first things first. Once we do Iraq, we’ll have a military presence in Iraq, which would enable us to handle the Iranians from closer quarters, would give us more leverage.” (Netanyahu, in the years following his term as Israel’s prime minister, will become an outspoken advocate for military strikes against Iran—see November 17, 2006). [Vanity Fair, 3/2007]

Entity Tags: George W. Bush, Benjamin Netanyahu, Bush administration (43), Israel Institute for Intelligence and Special Tasks (Mossad), Uzi Arad

Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion

January 31, 2002: Begg Arrested in Pakistan

Terror suspect Moazzam Begg is arrested by Pakistani officials in his home in Islamabad, Pakistan. In a phone call he is able to make to his father, he says US officials are also present. Shortly thereafter, Pakistani lawyers file a habeas petition on his behalf in a Pakistani court. [Petition for writ of habeas corpus for Moazzam Begg and Feroz Abbasi. Moazzam Begg, et al. v. George Bush, et al., 7/2/2004 pdf file]

Entity Tags: Moazzam Begg

Timeline Tags: Torture of US Captives

Australian Ambassador to the United Nations John Dauth tells Trevor Flugge, chairman of Australian Wheat Board (AWB), that the Australian government intends to participate in a US-led effort to overthrow Saddam Hussein. At a subsequent AWB board meeting held on February 27, Flugge tells boardmembers that Dauth “believed US military action to depose Saddam Hussein was inevitable and that at this time the Australian Government would support and participate in such action.” Dauth predicted that Baghdad’s offer to permit the return of UN weapons inspectors would be “likely to stave off US action for 12 to 18 months but that some military action was inevitable.” [Board, 2/27/2002, pp. 10 pdf file; Sydney Morning Herald, 11/22/2006]

Entity Tags: Trevor Flugge, John Dauth

Timeline Tags: Events Leading to Iraq Invasion

President Bush orders the CIA to start focusing on Iraq, and find evidence that Saddam Hussein has weapons of mass destruction. CIA analysts will not find any hard evidence of Iraqi WMDs. [Suskind, 2006, pp. 169]

Entity Tags: Saddam Hussein, Central Intelligence Agency, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

Flynt Leverett.Flynt Leverett. [Source: Publicity photo]In the wake of the 9/11 attacks, Iran is supportive of US efforts to defeat the Taliban, since the Taliban and Iran have opposed each other. In 2006, Flynt Leverett, the senior director for Middle East affairs on the National Security Council in 2002 and 2003, will recall this cooperation between Iran and the US in a heavily censored New York Times editorial. Gulbuddin Hekmatyar, a notorious Afghan warlord with close ties to bin Laden (see 1984), had been living in Iran since the Taliban came to power in the 1990s. Leverett claims that in December 2001 Iran agrees to prevent Hekmatyar from returning to Afghanistan to help lead resistance to US-allied forces there, as long as the Bush administration does not criticize Iran for harboring terrorists. “But, in his January 2002 State of the Union address, President Bush did just that in labeling Iran part of the ‘axis of evil’ (see January 29, 2002). Unsurprisingly, Mr. Hekmatyar managed to leave Iran in short order after the speech.” [New York Times, 12/22/2006] Hekmatyar apparently returns to Afghanistan around February 2002. He will go on to become one of the main leaders of the armed resistance to the US-supported Afghan government. Iranian cooperation with the US over Afghanistan will continue in a more limited manner, with Iran deporting hundreds of suspected al-Qaeda and Taliban operatives who had fled Afghanistan, while apparently keeping others. But the US will end this cooperation in 2003. [BBC, 2/14/2002; USA Today, 5/21/2003; New York Times, 12/22/2006]

Entity Tags: Iran, Gulbuddin Hekmatyar, Bush administration (43), Flynt Leverett

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, War in Afghanistan

Vice President Dick Cheney prepares for a March trip to the Middle East. According to public statements by the Bush administration, Cheney will be conferring with Arab leaders on US Iraq policy. However, a senior Bush administration official tells the Philadelphia Inquirer: “He’s not going to beg for support. He’s going to inform them that the president’s decision has been made and will be carried out, and if they want some input into how and when it’s carried out, now’s the time for them to speak up.” [Philadelphia Inquirer, 2/13/2002]

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion

Norman Podhoretz, the editor of the neoconservative magazine Commentary, writes a call to arms called “How to Win World War IV.” For Podhoretz, the US has already won World War III—the Cold War with the Soviet Union. Now, he asserts, it is time to win the war against Islamist terrorism. The US must embrace this war against civilizations, and President Bush must accept that it is his mission “to fight World War IV—the war against militant Islam.” To win this war, Podhoretz writes, the nations of Iraq, Iran, and North Korea must be overthrown, but also Syria, Lebanon, Libya, Saudi Arabia, Egypt, and the Palestinian Authority. Bush must reject the “timorous counsels” of the “incorrigibly cautious Colin Powell [and] find the stomach to impose a new political culture on the defeated” Islamic world. The 9/11 attacks caused the US to destroy the Afghan Taliban in the process of battling al-Qaeda, Podhoretz writes: “We may willy-nilly find ourselves forced… to topple five or six or seven more tyrannies in the Islamic world (including that other sponsor of terrorism, Yasir Arafat’s Palestinian Authority). I can even [imagine] the turmoil of this war leading to some new species of an imperial mission for America, whose purpose would be to oversee the emergence of successor governments in the region more amenable to reform and modernization than the despotisms now in place.… I can also envisage the establishment of some kind of American protectorate over the oil fields of Saudi Arabia, as we more and more come to wonder why 7,000 princes should go on being permitted to exert so much leverage over us and everyone else.” A year later, conservative pundit Pat Buchanan will explain why Podhoretz wants to so drastically remake the map of the Middle East: “[O]ne nation, one leader, one party. Israel, [Ariel] Sharon, Likud.” [Commentary, 2/2002; American Conservative, 3/24/2003]

Entity Tags: George W. Bush, Colin Powell, Ariel Sharon, Likud, Patrick Buchanan, Taliban, Norman Podhoretz, Al-Qaeda

Timeline Tags: Neoconservative Influence

In a press conference, President Bush issues an invitation for “talks” with North Korea, an odd offering considering that just days before, he had lumped North Korea in with Iran and Iraq as the so-called “axis of evil” in the world (see January 29, 2002). Bush also promises that the US will not attack North Korea, again an odd promise considering that weeks before, the US’s Nuclear Posture Review (see December 31, 2001) had been reported to include plans for a nuclear assault against that nation. During the same press conference, Bush undermines his own peace offering by calling North Korea a “despotic regime” and railing against it for mistreating its citizens. When the North Koreans do offer to reopen negotiations, Bush will refuse (see April 2002). [Scoblic, 2008, pp. 237-238]

Entity Tags: George W. Bush

Timeline Tags: US International Relations

Somewhere along the mountainous eastern border of Afghanistan, a Predator drone reportedly follows and kills three men. One of them is a tall man in robes who officials operating the drone think is Osama bin Laden. However, the victims will turn out to be innocent Afghan villagers, gathering scrap metal. [New Yorker, 10/26/2009]

Entity Tags: Osama bin Laden

Timeline Tags: War in Afghanistan

Jim Kelly.Jim Kelly. [Source: ViewImages.com]Undersecretary of State Jim Kelly, slated to try to revive the US’s attempts to negotiate with North Korea over that nation’s nuclear weapons program, goes to South Korea in preparation for President Bush to visit Seoul. Kelly is fully aware that the Bush administration has gone out of its way to undermine and disrupt the Clinton-era negotiations with North Korea, and a year before had insulted then-President Kim Dae Jung over the issue (see March 7, 2001). Now South Korea has a new president, Roh Moo Hyun, a populist with the same intentions of reopening a dialogue with North Korea as his predecessor. Charles Pritchard, the Bush administration’s special North Korean envoy, accompanies Kelly on the visit, and later recalls: “The conversation in the streets of Seoul was, ‘Is there going to be a war? What will these crazy Americans do?’” When Kelly and Pritchard meet with Roh, the president tells them, “I wake up in a sweat every morning, wondering if Bush has done something unilaterally to affect the [Korean] peninsula.” Bush’s visit to South Korea does little to ease tensions or convince North Korea to consider abandoning its uranium enrichment program (see October 4, 2002). [Washington Monthly, 5/2004]

Entity Tags: Roh Moo Hyun, Bush administration (43), Charles Pritchard, Kim Dae Jung, Jim Kelly, George W. Bush

Timeline Tags: US International Relations

James Ho, an attorney-adviser to the Office of Legal Counsel (OLC), sends a classified memo to the OLC’s John Yoo. The memo, entitled “RE: Possible interpretation of Common Article 3 of the 1949 Geneva Convention Relative to the Treatment of Prisoners of War,” will remain secret, but according to the American Civil Liberties Union (ACLU), it is likely a legal interpretation of Common Article 3 of the Geneva Convention, the section addressing the treatment of prisoners of war. The ACLU believes the memo interprets the scope of prohibited conduct under Common Artlcle 3, and gives specificity to the phrases “outrages upon personal dignity” and “humiliating and degrading treatment.” It also believes that the memo determines that Geneva does not apply to conflicts with terrorist organizations. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, James C. Ho, US Department of Justice

Timeline Tags: Civil Liberties

Though the CIA has chosen not to add anything about the Iraq-Niger allegations (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002) to the President’s Daily Briefing, it issues a new report on the purported deal, including what it calls “verbatim text” of the agreement between Iraq and Niger (see February 5, 2002). The neoconservatives in the Pentagon (see Early 2002), in author Craig Unger’s words, “pounce… on the new material, and quickly begin working on their own reports that will allege Iraqi attempts to buy enough uranium to make nuclear weapons.” [US Congress, 7/7/2004; Unger, 2007, pp. 239]

Entity Tags: Central Intelligence Agency, Craig Unger, US Department of Defense

Timeline Tags: Neoconservative Influence, Niger Uranium and Plame Outing

George Tenet tells the Senate Select Committee on Intelligence, “Our major near-term concern is the possibility that Saddam might gain access to fissile material, . . . [and] with substantial foreign assistance, [Iraq] could flight-test a longer-range ballistic missile within the next five years.” [Chicago Tribune, 2/7/2002]

Entity Tags: George J. Tenet

Timeline Tags: Events Leading to Iraq Invasion

CIA Director George Tenet tells the Senate Intelligence Committee that one of the agency’s “highest concerns” is a terrorist attack on an American chemical facility (see Late September 2001). [Roberts, 2008, pp. 93]

Entity Tags: George J. Tenet, Senate Intelligence Committee, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

In a memo concurrent with the presidential declaration that the Geneva Convention does not apply to Taliban or al-Qaeda fighters (see February 7, 2002), Jay Bybee, the head of the Justice Department’s Office of Legal Counsel, sends a memo to White House counsel Alberto Gonzales. Bybee concludes that President Bush has the legal authority to conclude that Taliban fighters have no rights to prisoner of war status as defined under the Geneva Conventions, because the Taliban lack an organized command structure, do not wear uniforms, and do not consider themselves bound by Geneva. It also concludes that there is no need for the US to convene Article 5 tribunals under Geneva to determine the status of the Taliban, as Bush’s presidential determination of their status eliminates any doubt under domestic law. [US Department of Justice, 2/7/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: George W. Bush, Alberto R. Gonzales, Geneva Conventions, US Department of Justice, Taliban, Office of Legal Counsel (DOJ), Jay S. Bybee

Timeline Tags: Civil Liberties

Israeli Defense Minister Benjamin Ben-Eliezer meets with US Vice President Dick Cheney and tells him that Israel is concerned that Iran, which Israel believes will have nuclear weapons by 2005, represents a greater threat to Israel than Iraq. “The danger, as I see it, is from a Hezbollah-Iran-Palestinian triangle, with Iran leading this triangle and putting together a coalition of terror,” he tells Cheney. [Ha'aretz, 2/9/2002]

Entity Tags: Richard (“Dick”) Cheney, Benjamin Ben-Eliezer

Timeline Tags: US confrontation with Iran

Accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001) is charged with one count of credit card fraud. He has already been arrested on a material witness warrant pertaining to the investigation of the 9/11 attacks; since January, he has been in detention in New York City, where most of the investigations are centered. [Bradley Scout, 3/29/2002] According to the FBI, phone records link al-Marri with a phone number in the United Arab Emirates that was used by 9/11 hijacker Mohamed Atta and one of his associates, Ramzi bin Al-Shibh. Al-Marri’s lawyer, Richard Jasper, says there is no evidence linking al-Marri to the phone calls by Atta and bin al-Shibh, al-Marri merely attempted three phone calls to the same number. “Attempted—I don’t know what that means, do you?” Jasper says. “It’s the thinnest of inferences, actually. If you read the affidavit carefully there’s no direct or indirect evidence he made the calls. How do we know there wasn’t some kind of mistaken call or some flaw in recovering the numbers?” Al-Marri has family members in the UAE. [Chicago Sun-Times, 3/21/2002]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Ali Saleh Kahlah al-Marri, Ramzi bin al-Shibh, Richard Jasper, Mohamed Atta

Timeline Tags: Torture of US Captives

In a CNN/USA Today/Gallup poll, 48 percent of the respondents believe that Iraq has “weapons that threaten US.” [USA Today, 2/11/2002]

Timeline Tags: Events Leading to Iraq Invasion

Ariel Sharon.Ariel Sharon. [Source: US Department of Defense]Prime Minister Ariel Sharon meets with President George W. Bush. According to the Ha’aretz Daily, the goal of the meeting is to “convince the United States that Iran constitutes a strategic threat to Israel.” [Ha'aretz, 2/9/2002]

Entity Tags: George W. Bush, Ariel Sharon

Timeline Tags: US confrontation with Iran

Senior Bush administration officials say President Bush has decided to oust Iraqi despot Saddam Hussein from power. “This is not an argument about whether to get rid of Saddam Hussein,” one official says. “That debate is over. This is… how you do it.”
CIA, Pentagon Making Plans for Regime Change - Bush has ordered the CIA, the Pentagon, and other agencies to come up with a plan combining military, diplomatic, and covert actions to force Hussein from power. A military strike is not yet imminent, but Bush has decided that Hussein and his putative weapons of mass destruction are such a threat to US security that he must be removed from power, even if US allies do not help. The CIA has already presented Bush with a plan to destabilize Hussein’s regime, incorporating covert action campaigns, sabotage, information warfare, and stepped-up bombing runs throughout the northern and southern “no-fly” zones. Bush is reportedly enthusiastic about the plan, and the CIA has begun assigning officers to the task. Reporters Warren P. Strobel and John Walcott write: “The president’s decision has launched the United States on a course that will have major ramifications for the US military, the Middle East’s future political alignment, international oil flows, and Bush’s own war on terrorism.”
Some Allies Dubious - Allies such as Russia have already expressed grave doubts about the wisdom of such a series of actions, and military experts warn that any campaign in Iraq would be long, bloody, and difficult to bring to a satisfactory conclusion. Nevertheless, one foreign leader who recently met with Bush came away “with the feeling that a decision has been made to strike Iraq, and the ‘how’ and ‘when’ are still fluid,” according to a diplomat.
Cheney to Inform Middle Eastern Leaders of US Intentions - Vice President Cheney will soon depart for a visit to 11 Middle East nations; while the public explanation is that he wants to listen to those nations’ views on the US’s Iraq policy, in reality, Cheney will inform them that the US will overthrow the Hussein regime. One senior official says: “He’s not going to beg for support. He’s going to inform them that the president’s decision has been made and will be carried out, and if they want some input into how and when it’s carried out, now’s the time for them to speak up.” At least one Middle Eastern ally, Egypt, has reservations about such a plan. Egyptian Ambassador Nabil Fahmy said last week that Bush should keep the US focus on fighting international terrorism, where he has broad international backing. “If you mix two issues together, you will lose this focus,” he said.
Debate over Role of Chalabi, INC - There is still sharp debate within the administration over the role that Ahmed Chalabi’s Iraqi National Congress will play in the overthrow and subsequent realignment. Many neoconservatives, particularly in the offices of Vice President Cheney and Defense Secretary Donald Rumsfeld, tout Chalabi as the next leader of Iraq, but others are not sanguine about Chalabi and his organization, with CIA officials warning that the INC is riven by internal debate and undoubtedly riddled with spies from Iraq and Iran. [Knight Ridder, 2/13/2002]

Entity Tags: Warren Strobel, Saddam Hussein, Central Intelligence Agency, Bush administration (43), Ahmed Chalabi, Donald Rumsfeld, George W. Bush, Iraqi National Congress, Richard (“Dick”) Cheney, Nabil Fahmy, John Walcott, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

The Defense Intelligence Agency (DIA) issues “a finished intelligence product” summarizing the February 5, 2002 SISMI report (see February 5, 2002). The report, entitled “Niamey Signed an Agreement to Sell 500 Tons of Uranium a Year to Baghdad,” states as irrefutable fact that Iraq intends to buy weapons-grade uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). It concludes, “Iraq probably is searching abroad for natural uranium to assist in its nuclear weapons program.” It does not comment on the credibility of the sourcing. The report is sent directly to Vice President Dick Cheney. Within hours, Cheney directs the CIA (see February 5, 2002) to investigate the claims. According to the Senate Intelligence Committee’s 2004 report on Iraqi WMD (see July 9, 2004), CIA and DIA analysts find the subsequent reports more informative and believable than the first, more sketchy reports (see February 5, 2002). The CIA’s Directorate of Operations tells one agency analyst that the report comes from a “very credible source.” Analysts with the State Department’s Bureau of Intelligence and Research (INR) continue to find the reports unconvincing. [US Congress, 7/7/2004; Unger, 2007, pp. 239] Former CIA analyst Ray McGovern will later describe Cheney’s receipt of this document as “odd.” “[I]n more than two years of briefing then-Vice President George H. W. Bush every other morning, not once did he ask a question about a DIA report or even indicate that he had read one,” McGovern will note. “That this particular report was given to Cheney almost certainly reflects the widespread practice of ‘cherry picking’ intelligence.” [AfterDowningStreet (.org), 7/25/2005]

Entity Tags: Defense Intelligence Agency, Ray McGovern, Richard (“Dick”) Cheney

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Vice President Dick Cheney asks his morning intelligence briefer, CIA briefer David Terry, about the Defense Intelligence Agency’s recent analysis (see February 12, 2002) of SISMI’s February 5 report (see February 5, 2002) suggesting that Iraq attempted to purchase uranium from Niger. [Time, 7/21/2003; New Yorker, 10/27/2003; US Congress, 7/7/2004] Cheney is reportedly dissatisfied with his briefer’s initial response, and asks the agency to take another look (see Shortly after February 12, 2002). [CIA Task Sheet, 2/13/2002; New Yorker, 10/27/2003] Cheney’s questions quickly reach the desk of senior CIA case officer Valerie Plame Wilson, who accepts the suggestion of another CIA officer to send her husband, Joseph Wilson, to Niger to investigate the claims (see February 13, 2002). [Wilson, 2007, pp. 108-110]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency, Richard (“Dick”) Cheney, David Terry, Counterproliferation Division

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

The CIA’s DO Counterproliferation Division (CPD) sends a cable to an unnamed government office or official (the identity of which is redacted in the source document) requesting approval to send former ambassador Joseph Wilson to Niger to investigate Italian intelligence reports that Iraq has attempted to purchase uranium from that country (see February 13, 2002). The cable also requests additional information from Italy regarding the matter. [US Congress, 7/7/2004]

Entity Tags: Italy, Joseph C. Wilson, Counterproliferation Division

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Valerie Plame Wilson.Valerie Plame Wilson. [Source: PEP]In response to questions from Vice President Dick Cheney (see (February 13, 2002)), CIA operative Valerie Plame Wilson and officials from the CIA’s DO counterproliferation division (CPD) meet to discuss what the agency should do to determine the validity of recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) alleging that Iraq had sought to purchase uranium from Niger. During the meeting, Plame Wilson suggests sending her husband, Joseph Wilson, an Africa expert and former US diplomat, to Niger to investigate the reports. [US Congress, 7/7/2004] The meeting is chronicled in an internal agency memo obtained by the Wall Street Journal in October 2003. [Wall Street Journal, 10/17/2003] Intelligence officials subsequently will not deny that Plame Wilson was involved in the decision to send Wilson to Niger, but will say she was not “responsible” for the decision. [Wall Street Journal, 10/17/2003]
CIA Alerted to Cheney's Concerns - In her 2007 book Fair Game, Plame Wilson recalls that shortly after Cheney’s initial questions, a young officer rushes into her CPD office and tells her “someone from the vice president’s office” just called the officer on her secure telephone line. The caller, apparently a member of Cheney’s staff, wants information about an intelligence report that the Italian government has passed to the US, alleging that in 1999 Iraq attempted to buy yellowcake uranium from Niger. Cheney is, according to the staffer, “interested and want[s] more information.” Plame Wilson will write, “If the report was true at all, I knew that it would be damning evidence indeed that Iraq was seeking to restart its nuclear program.”
'Nonplussed' at White House Contact - “I was momentarily nonplussed that someone from the vice president’s office had reached down into the junior working levels of the agency to discuss or find an answer to an intelligence report,” she will write. “In my experience, I had never known that to happen. There were strict protocols and procedures for funneling intelligence to policy makers or fielding their questions. Whole offices within the agency were set up and devoted to doing just that. A call to a random desk officer might get the policy maker a quick answer in the heat of the moment, but it was also a recipe for trouble. Handing a senior policy maker ‘raw’ intelligence that had not been properly vetted, placed into context, or appropriately caveated by intelligence professionals usually led to misinterpretation—at a minimum.” She adds that at the time, she is “not aware of the unprecedented number of visits the vice president had made to our headquarters to meet with analysts and look for any available evidence to support the Iraq WMD claims the administration was beginning to make.… I was still blissfully ignorant of any special visits or pressure from the administration vis-a-vis Iraq. I just wanted to get some answers.”
Decision to Ask Wilson Originates with Records Officer, Not Plame Wilson - Plame Wilson tables her concerns about the unusual contact, and begins pondering how best to find answers to Cheney’s questions. The “first and most obvious choice,” she will write, “would be to contact our [REDACTED] office in Niger and ask them to investigate these allegations using local sources available on the ground.” But the budget cuts of the mid-1990s had forced the closing of numerous CIA offices in Africa, including its station in Niamey, Niger. Plame Wilson will recall, “A midlevel reports officer who had joined the discussion in the hallway enthusiastically suggested, ‘What about talking to Joe about it?’” The reports officer is referring to Plame Wilson’s husband, former ambassador Joseph Wilson. “He knew of Joe’s history and role in the first Gulf War (see September 5, 1988 and After and September 20, 1990), his extensive experience in Africa, and also that in 1999 the CIA had sent Joe on a sensitive mission to Africa on uranium issues. Of course, none of us imagined the firestorm this sincere suggestion would ignite. At the moment, the only thought that flashed through my mind was that if Joe were out of the country for an extended period of time I would be left to wrestle two squirmy toddlers into bed each evening.… So I was far from keen on the idea, but we needed to respond to the vice president’s office with something other than a lame and obviously unacceptable, ‘We don’t know, sorry.’” Plame Wilson and the reports officer make the suggestion to send Wilson to Niger; her supervisor decides to meet with Wilson “and the appropriate agency and State [Department] officials.” At her supervisor’s behest, Plame Wilson sends an e-mail to her division chief (whom she will only identify as “Scott”), informing him of the decision and noting that “my husband has good relations with both the PM [prime minister] and the former minister of mines (not to mention lots of French contacts), both of whom could possibly shed some light on this sort of activity.” Plame Wilson will write that her words are intended to “gently remind [her division chief] of Joe’s credentials to support why my boss thought he should come into headquarters in the first place.” She will note: “Months later, those words would be ripped out of that e-mail and cited as proof that I had recommended Joe for the trip (see February 13, 2002). But at the time, I simply hit the ‘send’ button and moved on to the other tasks that were demanding my attention.” That night, Plame Wilson broaches the subject of going to Niger with her husband; he agrees to meet with her superiors at the CPD. [US Congress, 7/7/2004; Wilson, 2007, pp. 108-110]
Cheney Later Denies Knowledge of Iraq-Niger Claims - During the investigation of the Plame Wilson leak (see September 26, 2003), Cheney will repeatedly deny any knowledge that the CIA was following up on his request for more information. This is a lie. Among other refutations, the Senate Intelligence Committee will report in 2004 that he was told on February 14 that CIA officers were working with clandestine sources to find out the truth behind the Niger allegations (see July 9, 2004). [Wilson, 2007, pp. 368]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Counterproliferation Division, Valerie Plame Wilson, Richard (“Dick”) Cheney

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Reuel Marc Gerecht, a resident fellow at the neoconservative American Enterprise Institute, calls on the Bush administration to adopt an aggressive policy awards Iran. He says the US must make it clear that it “favors real popular government in Iran.” There are “only two meaningful options,” he writes, “confront clerical Iran and its proxies militarily or ring it with an oil embargo.” Gerecht clearly opposes any sort of dialog with Iran’s government. “If Washington wants to dissuade and punish the clerical regime, it will have to use force, the only currency the clerics truly respect…. Starting at the periphery of the Iranian world—Lebanon and possibly Afghanistan—probably makes the most tactical and strategic sense. Lebanon, in particular, offers the United States the option of hitting three targets—Hezbollah, the clerics, and the Assad regime—at once. However, if al-Qaeda’s liaison with Iran is active, then Washington should probably take the gloves off and hit the clerical regime with enormous force.” As a start, the US should tell Iran to halt its flights to Damascus, which “supply Hezbollah in Lebanon” with arms. Some of the arms are then routed to “Palestinians in Gaza and the West Bank,” he says. They should also be warned that “any aircraft suspected of carrying military materiel will be forcibly diverted to Israel, shot down, or destroyed on the tarmac.” [Weekly Standard, 2/18/2002]

Entity Tags: Reuel Marc Gerecht

Timeline Tags: US confrontation with Iran

The US embassy in Niger disseminates a cable reporting that the alleged Iraq-Niger uranium deal “provides sufficient detail to warrant another hard look at Niger’s uranium sales. The names of GON [government of Niger] officials cited in the report track closely with those we know to be in those, or closely-related positions. However, the purported 4,000-ton annual production listed is fully 1,000 tons more than the mining companies claim to have produced in 2001.” The report says that US ambassador to Niger Barbro Owens-Kirkpatrick met with the Nigerien foreign minister to ask for an unequivocal assurance that Niger is not selling uranium to so-called “rogue states.” The cable also notes that in September 2001 Nigerien Prime Minister Mamadou Tandja had informed the US embassy that there were buyers like Iraq who had expressed willingness to pay more for Niger’s uranium than France, but he assured them at that time that “of course Niger cannot sell to them.” However, the cable concludes that “we should not dismiss out of hand the possibility that some scheme could be, or has been, underway to supply Iraq with yellowcake from here.” [US Congress, 7/7/2004] Shortly after the cable is sent, Owens-Kirkpatrick reports to the State Department that “there was no possibility” that Iraq made any sort of uranium deal with Niger. She comes to this conclusion after reviewing the possibility of such a deal with the director general of Niger’s French-led uranium consortium. [US Congress, 7/7/2004; Unger, 2007, pp. 229]

Entity Tags: Barbro Owens-Kirkpatrick, Mamadou Tandja, US Embassy in Niger, US Department of State

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

The New York Times is the first to report that the Office of Strategic Influence, a secret Pentagon office established shortly after the September 11 attacks (see Shortly after September 11, 2001), is “developing plans to provide news items, possibly even false ones, to foreign media organizations as part of a new effort to influence public sentiment and policy makers in both friendly and unfriendly countries.” The article reports that many inside the government are opposed to these plans. “[S]everal senior officials have questioned whether its mission is too broad and possibly even illegal,” the Times says. “[T]hey are disturbed that a single office might be authorized to use not only covert operations like computer network attacks, psychological activities, and deception, but also the instruments and staff of the military’s globe-spanning public affairs apparatus.” Critics are also concerned that “disinformation planted in foreign media organizations, like Reuters or Agence France-Presse, could end up being published or broadcast by American news organizations.” [New York Times, 2/19/2002] The Washington Post similarly reports that discussions on the use of disinformation “have sparked widespread concern inside the Defense Department among officials who feel that the new office, by seeking to manipulate information and even knowingly dispense false information, could backfire and discredit official Pentagon statements.” [Washington Post, 2/25/2002] News of the Defense Department’s initiative causes an immediate public outcry and the Pentagon denies that it is considering plans to disseminate disinformation. “The Department of Defense, this secretary and the people that work with me tell the American people and the people of the world the truth,” Donald Rumsfeld insists. [Washington Post, 2/21/2002] Jim Wilkinson, deputy White House communications director and head of the Coalition Information Center (CIC) war room, likewise states, “The president is a plain-spoken, truthful man and he expects that same high standard from every public affairs spokesperson in the government.” [Washington Post, 2/25/2002] Some of the most strenuous objections center around the use of the Army’s Psychological Operations unit to carry out OSI programs. [Rich, 2006, pp. 32] Rumsfeld, facing mounting criticism, closes the office a few days later (see February 26, 2002).

Entity Tags: Donald Rumsfeld, James R. Wilkinson, US Department of the Army, Office of Strategic Influence

Timeline Tags: Events Leading to Iraq Invasion

General Tommy Franks allegedly tells Sen. Bob Graham (D-FL), who is on a visit to US Central Command: “Senator, we have stopped fighting the war on terror in Afghanistan. We are moving military and intelligence personnel and resources out of Afghanistan to get ready for a future war in Iraq.” [Council on Foreign Relations, 3/26/2004] (In his memoirs, Graham quotes Franks as saying that “military and intelligence personnel are being re-deployed to prepare for an action in Iraq.”) [Graham and Nussbaum, 2004, pp. 125; Knight Ridder, 6/18/2005] Franks will deny making the comment. [Knight Ridder, 6/18/2005] The New Yorker magazine will also report on a redeployment of resources to Iraq at this time (see Early March 2002). [New Yorker, 10/27/2003] In 2009, Graham will tell a Vanity Fair reporter: “In February of ‘02, I had a visit at Central Command, in Tampa, and the purpose was to get a briefing on the status of the war in Afghanistan. At the end of the briefing, the commanding officer, Tommy Franks, asked me to go into his office for a private meeting, and he told me that we were no longer fighting a war in Afghanistan and, among other things, that some of the key personnel, particularly some Special Operations units and some equipment, specifically the Predator unmanned drone, were being withdrawn in order to get ready for a war in Iraq. That was my first indication that war in Iraq was as serious a possibility as it was, and that it was in competition with Afghanistan for materiel. We didn’t have the resources to do both successfully and simultaneously.” [Vanity Fair, 2/2009]

Entity Tags: Thomas Franks, Daniel Robert (“Bob”) Graham

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, War in Afghanistan

Senior administration officials say the White House intends to create a permanent office of global diplomacy in order to spread a positive image of the United States around the world and combat anti-Americanism, which the administration believes has been caused by the world’s failure to understand America. “A lot of the world does not like America, and it’s going to take years to change their hearts and minds,” an unnamed senior official tells the New York Times. The office will coordinate the public statements of the State, Defense, and the other departments to ensure that foreign governments, media organizations, and opinion-makers understand US policies. The Times reports that according to one official, “global diplomacy as envisioned in the new office will inject patriotism into the punishing 24-hour, seven-day news cycle.” Reports broadcast by the office would include information about both US foreign and domestic policies and would utilize the State Department’s huge communications network of American embassies and media offices. The earlier White House effort to create a more positive image of the United States was handled by the Coalition Information Center, a joint effort between the US and Britain that was led by the president’s senior advisor, Karen P. Hughes. [New York Times, 2/2/2002] The office will be formally created in July and given the name “The Office of Global Communications” (see July 30, 2002).

Entity Tags: Bush administration (43), Office of Global Communications

Timeline Tags: Events Leading to Iraq Invasion, US International Relations, Domestic Propaganda

A memorandum sent by the Justice Department to Department of Defense General Counsel William J. Haynes states that the military commissions intended to try enemy combatants are “entirely creatures of the president’s authority as commander in chief… and are part and parcel of the conduct of a military campaign.” [Office of Assistant Attorney General, 2/26/2002 pdf file] This raises questions regarding the independence of the commissions. The US government will try the detainees itself, which is why Human Rights Watch later concludes, “Under the rules, the president, through his designees, serves as prosecutor, judge, jury, and, potentially, executioner.” [Human Rights Watch, 1/9/2004] Amnesty International will similarly criticize the fact that “the commissions will lack independence.” [Amnesty International, 10/27/2004] Trial by a court that is not in complete independence from a government acting as a prosecutor is a violation of the defendants’ human rights. Article 14(1) ICCPR [International Covenant on Civil and Political Rights] states: “In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent, and impartial tribunal established by law.” Article 14(5) ICCPR furthermore grants “[e]verybody convicted of a crime… the right to his conviction and sentence being reviewed by a higher tribunal according to law.” But in the plans of the US government such a right is not foreseen. According to Human Rights Watch, “There is no appeal to an independent civilian court, violating a fundamental precept of international law as well as settled practice in the US military justice system.” [Human Rights Watch, 1/9/2004] The Justice Department memorandum advises that “incriminating statements may be admitted in proceedings before military commissions even if the interrogating officers do not abide by the requirements of Miranda.” The “Miranda warnings” are normally a prerequisite for allowing incriminating declarations by a defendant to the proceedings of a criminal trial.

Entity Tags: William J. Haynes, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

An unnamed UN official tells the Washington Post that Iraq’s level of cooperation is improving. “[F]or example,” the Iraqis have been “frantically digging in an area where it claims biological weapons were destroyed,” the UN official explains. [Washington Post, 3/1/2003]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

Chief UN Inspector Hans Blix prepares a list of disarmament tasks that Iraq needs to complete in order prove its claim that it has no weapons of mass destruction. According to UN Resolution 1284, the completion of these tasks would make Iraq eligible for the suspension of sanctions. [Washington Post, 3/1/2003]

Entity Tags: Hans Blix

Timeline Tags: Events Leading to Iraq Invasion

During a British cabinet meeting, Home Secretary David Blunkett initiates a discussion about Iraq. During the discussion, British Foreign Minister Robin Cook mentions that most of the Arab world considers Ariel Sharon, rather than Saddam Hussein, to be the largest threat to peace in the Middle East. Describing the subsequent reaction to his comments, Cook later writes in his diary: “Somewhat to my surprise this line provides a round of ‘hear, hearing’ from colleagues, which is the nearest I heard to mutiny in the cabinet.” [Sunday Times (London), 10/5/2003; Guardian, 10/6/2003; Independent, 10/6/2003; Cook, 8/2/2004] During the meeting, Patricia Hewitt, the Trade and Industry Secretary, says “We are in danger of being seen as close to President Bush, but without any influence over President Bush.” [Independent, 10/6/2003; Cook, 8/2/2004]

Entity Tags: Patricia Hewitt, Robin Cook, David Blunkett

Timeline Tags: Events Leading to Iraq Invasion

Crown Prince Abdullah, the de facto leader of Saudi Arabia, flies to Texas to meet with President Bush at his ranch in Crawford. Abdullah has been working to convince Arab leaders to accept a proposed peace treaty between Israel and Palestine (see April 2002), but has had no support from the White House. The course of the meeting is later paraphrased by National Security Council staffer Flynt Leverett, the head of the NSC’s Mideast affairs division. As Leverett will recall, the usually deferential Abdullah tells Bush that he has a direct question and wants a direct answer. Abdullah asks Bush: “Are you going to do anything about the Palestinian issue? If you tell me no, if it’s too difficult, if you’re not going to give it that kind of priority, just tell me. I will understand and I will never say anything critical of you or your leadership in public, but I’m going to need to make my own judgments and my own decisions about Saudi interests.” Bush attempts to stall, telling Abdullah he understands his concerns and that he will see what he can do. Abdullah refuses to be mollified. Standing up, he says: “That’s it. This meeting is over.” Bush retreats to another room with National Security Adviser Condoleezza Rice and Secretary of State Colin Powell to discuss Abdullah’s position. Bush returns shortly thereafter and gives Abdullah his word that he will deal seriously with the Palestinian issue. “Okay,” Abdullah says. “The president of the United States has given me his word.” After the meeting, Powell calls Abdullah’s threat “the near-death experience”; Bush, rolling his eyes, says, “We sure don’t want to go through anything like that again.” As Powell later recalls, “It was a very serious moment and no one wanted to see if the Saudis were bluffing.” It is unclear whether Bush is expressing relief or making a sarcastic comment. [Esquire, 10/18/2007]

Entity Tags: Abdullah bin Abdulaziz al-Saud, Flynt Leverett, Bush administration (43), Condoleezza Rice, Colin Powell, George W. Bush

Timeline Tags: US International Relations

Army Lt. Col. Bill Cline, deputy commander of Camp X-Ray, shows some understanding for the plight of the Guantanamo prisoners in March 2002. “Consider yourself being locked up 24 hours a day; getting out once in a while very, very little getting out; not knowing what’s going to happen, probably not even knowing why you’re here,” he says. “I think it would frighten anybody.” [Amnesty International, 8/19/2003]

Entity Tags: Bill Cline

Timeline Tags: Torture of US Captives

The conservative National Review publishes an op-ed article by Sam Dealy titled “A Very, Very Bad Bunch,” commenting on the Iranian opposition group known as People’s Mujahedeen of Iran (MEK) and “its surprising American friends.” Dealy’s piece is an attack on Congresspersons who support the MEK despite the exile group’s past history of anti-Americanism (see 1970s and November 4, 1979-January 20, 1981). “How has a terrorist group managed to win the support of mainstream US politicians?” he asks. “Simple: Its political representatives in the US have worked hard to repackage the group as a legitimate dissident organization fighting for democracy in Iran—by whitewashing its record and duping our leaders.” Dealy emphasizes that the group’s initial ideological underpinning had been influenced by the likes of Marx, Ho Chi Minh, and Che Guevara, whose ideas the MEK attempted to apply to Shiite society. [National Review, 3/25/2002]

Entity Tags: People’s Mujahedin of Iran, Sam Dealy

Timeline Tags: US confrontation with Iran

Deputy Assistant Attorney General Joan Larsen and Gregory Jacob, an attorney-adviser to the Office of Legal Counsel (OLC), send a classified memo to lawyers in the Justice Department’s civil division. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it regards the availability of habeas corpus protections to detainees captured in the US’s “war on terror.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo asserts that detainees have no habeas corpus protections, and therefore cannot challenge their detentions in US courts, despite multiple Supreme Court rulings to the contrary. [ProPublica, 4/16/2009]

Entity Tags: US Supreme Court, Joan Larsen, Office of Legal Counsel (DOJ), American Civil Liberties Union, Gregory Jacob, US Department of Justice

Timeline Tags: Civil Liberties

According to British Foreign Minister Robin Cook, Home Secretary David Blunkett asks where Britain had obtained the “legal authority” to invade Iraq. [Sunday Times (London), 10/5/2003; Independent, 10/6/2003; Cook, 8/2/2004]

Entity Tags: David Blunkett

Timeline Tags: Events Leading to Iraq Invasion

Moazzam Begg.Moazzam Begg. [Source: Kieran Doherty / Reuters]According to a later habeas petition, a Pakistani court orders the Pakistani interior minister to produce Moazzam Begg before the court on March 7, which the minister refuses to do. On March 14, the court again orders the minister to produce Begg, this time under threat of sanctions. Again, the interior minister refuses to comply with the order. Meanwhile, Begg’s lawyer Abdur Rahman Saddiqui claims that Pakistan’s intelligence agency (ISI) and the CIA have captured Begg and that the ISI is interrogating him. Perhaps by this point, Begg has already been sent to Afghanistan. [Petition for writ of habeas corpus for Moazzam Begg and Feroz Abbasi. Moazzam Begg, et al. v. George Bush, et al., 7/2/2004 pdf file]

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives

The CIA sends a one-and-a-half-page cable to the White House, the FBI, the Justice Department, the Joint Chiefs of Staff, and the Defense Intelligence Agency, with news that a CIA source sent to Niger has failed to find any evidence to back claims that Iraq sought uranium from that country (see February 21, 2002-March 4, 2002). The cable contains an initial report of the source’s findings in Niger. [Knight Ridder, 6/12/2003; ABC News, 6/12/2003; Knight Ridder, 6/13/2003; Washington Post, 6/13/2003; BBC, 7/8/2003; BBC, 7/8/2003; US Congress, 7/7/2004] The agency rates the quality of the information in the report as “good,” with a rating of 3 out of 5. [CounterPunch, 11/9/2005]
Caveats and Denials - The report does not name the CIA source or indicate that the person is a former ambassador. Instead it describes the source as “a contact with excellent access who does not have an established reporting record” and notes that the Nigeriens with whom he spoke “knew their remarks could reach the US government and may have intended to influence as well as inform.” A later Senate report on the US’s pre-war intelligence on Iraq will state: “The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was prime minister (1997-1999) or foreign minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it.” Mayaki, according to the report, also acknowledged a June 1999 visit (see June 1999) by a businessman who arranged a meeting between Mayaki and an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. The intelligence report says that Mayaki interpreted “expanding commercial relations” to mean that the delegation wanted to discuss purchasing uranium. The meeting did take place, but according to the report, “Mayaki let the matter drop due to UN sanctions on Iraq.” The intelligence report also says that Niger’s former Minister for Energy and Mines, Mai Manga, told Wilson that there have been no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. Mai Manga is also reported to have described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transportation overseas. Manga said he believed it would be difficult, if not impossible, to arrange a special clandestine shipment of uranium to a country like Iraq. [US Congress, 7/7/2004]
White House: Report Left Out Details, Considered Unimportant - Bush administration officials will say in June 2003 that the report left out important details, such as the trip’s conclusions. And consequently, the Washington Post will report in June 2003, “It was not considered unusual or very important and not passed on to Condoleezza Rice, the president’s national security adviser, or other senior White House officials.” [Washington Post, 6/12/2003 pdf file; Washington Post, 6/13/2003; Knight Ridder, 6/13/2003]
CIA Source Doubts White House Claims - But the CIA source who made the journey, former ambassador Joseph Wilson, will find this explanation hard to believe. “Though I did not file a written report [he provided an oral briefing (see March 4-5, 2002)], there should be at least four documents in United States government archives confirming my mission,” he will later explain. “The documents should include the ambassador’s report of my debriefing in Niamey, a separate report written by the embassy staff, a CIA report summing up my trip, and a specific answer from the agency to the office of the vice president (this may have been delivered orally). While I have not seen any of these reports, I have spent enough time in government to know that this is standard operating procedure.” [New York Times, 7/6/2003]
Senior CIA Case Officer Backs Up Source - In 2007, Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will write of the report (see March 4-5, 2002) that if standard protocol has been followed, the report is distributed to “all the government departments that have intelligence components, such as the State Department’s Bureau of Intelligence and Research (INR), the National Security Agency (NSA), the Pentagon, and the overseas military commands. All of us had every reason to believe that their finished report would indeed be sent to the vice president’s office as part of the established protocol.” According to Plame Wilson, who read the report when it was completed (see (March 6, 2002)), much of the report focuses on “Niger’s strict, private, and government controls on mining consortia to ensure that no yellowcake went missing between the uranium mines and the marketplace.” She will write in 2007 that her husband’s report “corroborated and reinforced what was already known.” Both she and her husband assume that the allegations are sufficiently disproven and will not be heard of again. [Wilson, 2007, pp. 112-114]
Little New Information - According to intelligence analysts later interviewed by Congressional investigators, the intelligence community does not believe the trip has contributed any significant information to what is already known about the issue, aside from the details of the 1999 Iraqi delegation. [US Congress, 7/7/2004]

Entity Tags: Condoleezza Rice, Federal Bureau of Investigation, Ibrahim Mayaki, Defense Intelligence Agency, Central Intelligence Agency, US Department of Justice, Mai Manga, Bush administration (43), Valerie Plame Wilson, Joint Chiefs of Staff, Joseph C. Wilson

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Speaking in regard to media reports of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001), the Defense Department issues a statement downplaying its meaning. The statement reads in part: “We will not discuss the classified details of military planning or contingencies, nor will we comment on selective and misleading leaks. The Nuclear Posture Review is required by law. It is a wide-ranging analysis of the requirements for deterrence in the 21st century. This review of the US nuclear posture is the latest in a long series of reviews since the development of nuclear weapons. It does not provide operational guidance on nuclear targeting or planning. The Department of Defense continues to plan for a broad range of contingencies and unforeseen threats to the United States and its allies. We do so in order to deter such attacks in the first place. Of particular significance in the new Nuclear Posture Review is President Bush’s decision to reduce operationally deployed strategic nuclear weapons by two-thirds, a decision made possible by the new strategic relationship with Russia.” [Federation of American Scientists, 3/9/2002] The Defense Department is being deceptive in its attempt to downplay the NPR, which in fact is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. [Federation of American Scientists, 11/5/2007]

Entity Tags: US Department of Defense

Timeline Tags: US International Relations

After the existence of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001) is leaked to the media, the chairman of the Joint Chiefs of Staff, Richard Myers, goes on CNN to claim that the document has little real meaning in an operational sense, but instead is just a policy document that outlines the general US deterrence strategies towards nations with weapons of mass destruction. Nuclear weapons are just one part of that strategy, Myers says. Myers says that the document merely preserves the president’s options “in case this country or our friends and allies were attacked with weapons of mass destruction, be they nuclear, biological, chemical, or for that matter high explosives.” He adds: “It’s been the policy of this country for a long time that the president would always reserve the right up to and including the use of nuclear weapons if that was appropriate. So that continues to be the policy.” [CNN, 3/10/2002] Myers’ attempts to downplay the NPR are inaccurate, as it is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. [Federation of American Scientists, 11/5/2007]

Entity Tags: Joint Chiefs of Staff, Richard B. Myers

Timeline Tags: US International Relations

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Timeline Tags: Torture of US Captives

A memo titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations” summarizes the legal authority under which renditions and other forcible transfers may be conducted. Officials interviewed by the Washington Post say White House counsel Alberto Gonzales was instrumental in the drafting of this memo. [Washington Post, 1/6/2005]

Entity Tags: Alberto R. Gonzales, Michael Scheuer

Timeline Tags: Torture of US Captives

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. [Amnesty International, 8/19/2003] This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

David ManningDavid Manning [Source: Britainusa.com]Britain is accused of falsely claiming the existence of an al-Qaeda biological and chemical weapons laboratory in Afghanistan in order to justify the deployment of Royal Marines to the country. A British government source says that documents found by American soldiers in a cave near the village of Shah-i-Kot indicates that Osama bin Laden had acquired chemical and biological weapons. The source also claimed that American forces had discovered the laboratory in a cave near the city of Gardez earlier this month. These claims are used to justify the deployment of 1,700 Royal Marines. But once these claims are made public, they are strongly denied by the Pentagon and State Department. A US Army official says, “I don’t know what they’re saying in London but we have received no specific intelligence on that kind of development or capability in the Shah-e-Kot valley region - I mean a chemical or biological weapons facility.” British intelligence, military, and Foreign Office sources also deny any knowledge of the claims. The only evidence related to any sort of laboratory was the discovery near Kandahar last December of an abandoned, incomplete building containing medical equipment, which had been previously reported. The source of the claims is eventually identified as an off-the-record briefing by Prime Minister Tony Blair’s senior foreign policy adviser, David Manning. The Prime Minister’s office says it sticks to “the thrust of the story.” It claims that although evidence points to al-Qaeda’s interest in acquiring such weapons, Manning had “not actually told” reporters a laboratory had been found. [Observer, 3/24/2002]

Entity Tags: Pentagon, Geoff Hoon, US Department of State, Foreign Office, Walter Menzies Campbell, Ministry of Defence, David Manning

Timeline Tags: Complete 911 Timeline

Two weeks after the CIA informed the White House and other departments that evidence of an Iraqi attempt to purchase Nigerien uranium is scanty (see March 8, 2002), Vice President Dick Cheney appears on CNN to assert the opposite: that Iraq is actively pursuing nuclear weapons. Cheney says that Iraq “has chemical weapons… has biological weapons… [and is] pursuing nuclear weapons.” [CNN, 3/24/2002]

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Rick Baccus.Rick Baccus. [Source: PBS]Brig. Gen. Michael Lehnert is succeeded by Rhode Island Army National Guard Brig. Gen. Rick Baccus as commander of JTF-160 at Guantanamo. [American Forces Press Service, 1/14/2003] Soon, Baccus will be seen as out of sync with the more aggressive attitude towards the Guantanamo detainees held at the Defense Department. A Pentagon source, quoted by Newsweek, says Baccus mainly “wanted to keep the prisoners happy.” [Newsweek, 5/24/2004] At one point, Baccus says his MPs must ensure that the detainees are treated within the spirit of the Geneva Conventions. “Humane treatment,” he says, “means we have to provide them clothing, food, shelter, and allow them to practice their religious beliefs. However, what we don’t allow them to do are things like live in groups, use the canteen or work on work details.” [American Forces Press Service, 1/14/2003] Baccus’ statements reveal that he is an officer thoroughly trained in the use of the Geneva Conventions. Noting that the Third Geneva Convention states that detainees shall be incarcerated under similar conditions as those who guard them, he says: “You wouldn’t want detainees living in substandard conditions, which is something we in the United States wouldn’t want to happen. Obviously our soldiers—the guard force—who deal with them every day are living in the same area as the detainees at Camp Delta.” [American Forces Press Service, 1/14/2003] Baccus furthermore provides detainees with Korans, special meals for Ramadan, and information on prisoners’ rights. [American Forces Press Service, 1/14/2003] When addressing the detainees, he begins his speech saying, “[P]eace be with you,” and ends with, “[M]ay God be with you.” [Guardian, 10/16/2002] “All the service members here recognize the fact that they need to treat the detainees humanely,” he says. “Any time anyone lays down their arms, our culture has been to treat them as non-combatant and humanely.” [American Forces Press Service, 1/14/2003] Harsh interrogation tactics may have been employed without Baccus’ knowledge. After his replacement in October 2002, he will say, “In no instance did I interfere with interrogations.” [Guardian, 10/16/2002] However, there is at least one worrying practice he is aware of. He later says medical records of prisoners are routinely shared with military intelligence personnel. Doctors and medics advise interrogators to help them determine the prisoners’ ability to endure the questioning. [Washington Post, 6/10/2004]

Entity Tags: Rick Baccus, Michael R. Lehnert

Timeline Tags: Torture of US Captives

Philip Gordon of the Brooking Institution tells the Associated Press, “Removing Saddam [Hussein] will be opening a Pandora’s box, and there might not be any easy way to close it back up.” [Associated Press, 3/31/2002]

Entity Tags: Philip Gordon, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

After Dick Cheney’s 10-day trip across the Middle East, during which he was told by several Middle East leaders that their respective governments would not support an invasion of Iraq, an official tells the Telegraph of London: “I don’t think it will change the administration’s thinking. We are quite determined on this account.” [Daily Telegraph, 3/24/2002]

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Events Leading to Iraq Invasion

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” [Vanity Fair, 7/17/2007; Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009]
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). [New York Times, 9/10/2006; Newsweek, 4/25/2009]
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. [New York Times, 9/10/2006] In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file]
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). [Vanity Fair, 7/17/2007]

Entity Tags: Steve Gaudin, Vanity Fair, Robert S. Mueller III, James Elmer Mitchell, Jose Padilla, Abu Zubaida, Ali Soufan, Khalid Shaikh Mohammed, Central Intelligence Agency, George J. Tenet, John Kiriakou, Federal Bureau of Investigation, Pasquale D’Amuro

Timeline Tags: Torture of US Captives, Complete 911 Timeline

CIA case officers stationed all over Europe attend a mandatory special conference in Rome. Officials from the CIA’s Iraq Operations Group inform the case officers that Iraq has been on the administration’s agenda from the very beginning. One officer who attends the conference later tells author James Risen: “They said this was on Bush’s agenda when he got elected, and that 9/11 only delayed it. They implied that 9/11 was a distraction from Iraq. And they said Bush was committed to a change of leadership in Iraq, and that it would start with kinetic energy—meaning bombs. Meaning war.” Officials in the Iraq Operations Group are openly supportive of the administration’s goal. At the conference, they give presentations about the evils of Iraq, most of which is based on information from the public record. One attendee likens it to a “pep rally” aimed at building support within the agency for an invasion of Iraq. “We were supposed to go out and tell our liaison contacts how bad Saddam was,” the officer later says. During the meeting, it is proposed that the CIA plant stories in the European media in support of a war with Iraq. [Risen, 2006, pp. 183-184]

Entity Tags: Iraq Operations Group

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Domestic Propaganda

Yaser Esam Hamdi, detained at Guantanamo in January 2002, is discovered to be a US citizen. He is thereupon officially declared an “enemy combatant” and transferred to the Navy brig in Norfolk, Virginia. [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

After exhaustive discussions, White House negotiator Charles Pritchard is able to convince the North Koreans that the US is serious about wanting to reopen negotiations (see Late March, 2001 and February 2002). Once the North Koreans make their overtures for reopening talks, President Bush once again reverses course, abandoning the 2001 policy changes in favor of what officials call a “bold approach” that will deal with all outstanding issues, including nuclear proliferation and human rights abuses, without protracted negotiations. The opportunity to test Bush’s rhetoric never comes; North Korea will soon admit to having the capability to enrich uranium in violation of the Agreed Framework (see October 4, 2002), a development that radically alters US-North Korean relations for the worse. [Scoblic, 2008, pp. 238]

Entity Tags: Charles Pritchard, George W. Bush

Timeline Tags: US International Relations

A small team of contractors from the private security firm Blackwater is deployed inside Afghanistan, as a result of a $5 million contract between Blackwater and the CIA (see 2002 and 2002). The contractors provide security for the CIA at the agency’s station in Kabul and at “The Alamo,” a mud fortress in Shkin, along the Afghanistan-Pakistan border. In May, Blackwater founder and owner Erik Prince, a former Navy SEAL, will fly to Afghanistan to help expand operations. The Kabul and Shkin deployments are the first in a long, profitable relationship between the CIA and Blackwater. The relationship stems from a long friendship between Prince and Alvin “Buzzy” Krongard, the CIA’s executive director. Prince formed another part of the Blackwater group, Blackwater Security Consulting, in early 2002 along with former CIA operative Jamie Smith; Krongard provided the firm with one of its first government contracts. In 2006, Krongard will explain: “Blackwater got a contract because they were the first people that could get people on the ground. The only concern we had was getting the best security for our people. If we thought Martians could provide it, I guess we would have gone after them.” The relationship between Krongard and Blackwater will deepen after the first Afghanistan deployment, with Krongard making repeated visits to the Blackwater headquarters in North Carolina and even bringing his children along to use Blackwater’s firing range. Prince was denied a position with the CIA, but will maintain a close relationship with the agency, and will receive “green badge” access to most CIA stations around the world. Krongard will join Blackwater’s board of directors in 2007. [Nation, 8/20/2009]

Entity Tags: Jamie Smith, A.B. (“Buzzy”) Krongard, Blackwater USA, Central Intelligence Agency, Erik Prince

Timeline Tags: War in Afghanistan

Attorneys from the CIA’s Office of Legal Counsel meet with a legal adviser from the National Security Council (NSC) and with members of the Justice Department’s Office of Legal Counsel. The meeting concerns the CIA’s proposed interrogation plan for newly captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002, March 28-August 1, 2002, and April - June 2002). The lawyers mull over the legal restrictions surrounding the proposed interrogations. CIA records will show that the NSC’s legal counsel will brief National Security Adviser Condoleezza Rice, Deputy National Security Adviser Stephen Hadley, Counsel to the President Alberto Gonzales, Attorney General John Ashcroft, and the head of the Justice Department’s criminal division, Michael Chertoff, on the discussion. [Senate Intelligence Committee, 4/22/2009 pdf file]

Entity Tags: John Ashcroft, Central Intelligence Agency, Alberto R. Gonzales, Abu Zubaida, Condoleezza Rice, Office of Legal Counsel (CIA), Stephen J. Hadley, Michael Chertoff, US Department of Justice, National Security Council

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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