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A US air and missile strike in Baghdad destroys three major bridges, but also kills around 400 civilians in a blockhouse being used as an air-raid shelter. Iraqi officials later confirm that the blockhouse also housed a military communications center, and may have been a military command center as well. [PBS Frontline, 1/9/1996; NationMaster, 12/23/2007]
Demolished and disabled vehicles litter the ‘Highway of Death’ in the hours after Iraqi forces were slaughtered by US strikes. [Source: Public domain / US Department of Defense]Thousands of Iraqi soldiers retreating on two highways from Kuwait City, Kuwait, towards Basra, Iraq, are slaughtered by US forces on what is later called the “Highway of Death.” [PBS Frontline, 1/9/1996] The so-called “Battle of Rumaylah,” or as some call it, the “Battle of the Junkyard,” is not a battle in the classic sense, as the huge losses of Iraqi soldiers and vehicles are contrasted with the loss of a single American tank, lost when an Iraqi tank explodes too close to it. Only one US soldier is injured. In the two separate but connected US assaults that make up the battle, at least 600 Iraqi tanks, armored vehicles, and trucks are destroyed or disabled; estimates of Iraqi personnel losses vary widely, but the losses are well in the thousands. Iraqi, Kuwaiti, and Palestinian civilians, including children, are caught in the heavy US assault as well as innumerable Iraqi soldiers. (Some believe the Kuwaitis and Palestinians were being taken to Baghdad to be used as hostages.) Most of the bodies are buried within hours, making it impossible to ascertain the number of dead. During the US assault, US tanks, using sophisticated thermal-imaging targeting, have little trouble sighting and destroying Iraqi tanks before the Iraqi units are even aware that they are being fired upon. [Time, 3/18/1991; New Yorker, 5/22/2000; Newsweek, 5/29/2000]
Air Strikes - Initially, a force of retreating Iraqi armored units are bombed front and rear by US aircraft during the night of February 27-28, trapping the convoy between the centers of destruction. The remaining units are targets for later air strikes. Most of the vehicles—military tanks, trucks, and armored personnel carriers, as well as civilian cars and trucks—are destroyed.
Five-Hour Air, Armor Assault - The March 2 attack on the Iraqi Republican Guard “Hammurabi” tank division is ordered by Army General Barry McCaffrey (the general who commanded the already-famous “left hook” maneuver days before—see February 23, 1991 and After), in response to what McCaffrey says is an attack on his forces with rocket-propelled grenades (RPGs). The decision surprises some in the Allied command structure in Saudi Arabia and causes unease among civilian and military leaders in Washington, who worry about the public relations ramifications of an attack that comes days after a cease-fire was implemented (see February 28, 1991). McCaffrey himself later calls the attack “one of the most astounding scenes of destruction I have ever participated in.” The “Hammurabi” division is obliterated in the assault.
Criticism from Fellow Officers - Some senior US officers are not sure that McCaffrey’s unit, the 24th Mechanized Division, was in fact attacked; many senior US officers privately assert that McCaffrey’s five-hour assault was well out of proportion. (McCaffrey, later accused of war crimes by an anonymous but well-informed accuser, will be exonerated by an Army inquiry.) McCaffrey will assert that his troops were indeed attacked—an assertion backed by other field officers on the scene—and that he ordered the retaliation because had he not, his forces would have come under heavy attack by Iraqi armored units. Besides, McCaffrey will later say, the entire war was intended to be a one-sided affair: “We didn’t go up there looking for a fair fight with these people.” The whole war, one British commander said in earlier weeks, was “rather like a grouse shoot.” [New Yorker, 5/22/2000; Newsweek, 5/29/2000]
One critic is the commander of the Army’s 82nd Airborne Unit, Lieutenant General James Johnson, who will later say: “There was no need to be shooting at anybody. [The Iraqis] couldn’t surrender fast enough. The war was over.” Johnson, whose unit is deployed near McCaffrey’s, will add, “I saw no need to continue any further attacks.” Explaining why McCaffrey ordered the assault on his own authority, Johnson will say that McCaffrey—widely perceived as CENTCOM commander General Norman Schwarzkopf’s favorite general—“does what he wants to do.”
Lieutenant General Ronald Griffith, commanding the 1st Armored Division of VII Corps, will later say that many of the tanks destroyed in the assault were being transported on trailer trucks to Baghdad, with their cannons facing away from the US troops, and thus posing no threat. “It was just a bunch of tanks in a train, and he made it a battle,” Griffith will later say of McCaffrey. “He made it a battle when it was never one. That’s the thing that bothered me the most.”
Major James Kump, the senior intelligence officer for the Army’s 124th Military Intelligence Battalion, is monitoring what he believes to be a routine retreat before McCaffrey’s units begin attacking the Iraqi forces. Kump will later recall: “I thought, I can’t believe what I’m hearing! There’s nothing going on. These guys are retreating.” Kump receives a large amount of electronic data indicating that McCaffrey is attacking a retreating force. “I had links to several intelligence systems—more than I can talk about,” he will later say. “And I’d have known if troops were moving toward us.… I knew of no justification for the counterattack. I always felt it was a violation of the ceasefire. From an integrity standpoint, I was very troubled.”
McCaffrey’s orders will be questioned even by one of his own subordinates, Lieutenant Colonel Patrick Lamar, the 24th’s operations officer. Lamar, who is in charge of the assault command post and who relays McCaffrey’s orders to the field units, will later say: “There was no incoming. I know that for a fact.” The battle is “a giant hoax. The Iraqis were doing absolutely nothing. I told McCaffrey I was having trouble confirming the incoming.” But, Lamar will recall, nothing he says matters. McCaffrey wants to attack.
Private First Class Charles Sheehan-Miles, a gun loader in a 1st Brigade tank platoon, will later recall being sent to rescue an American unit under attack by Iraqi armored units. “We went up the road blowing the sh_t out of everything,” he will recall. “It was like going down an American highway—people were all mixed up in cars and trucks. People got out of their cars and ran away. We shot them.” Sheehan-Miles recalls shooting at least one person in civilian clothing. “My orders were to shoot if they were armed or running. The Iraqis were getting massacred.”
Specialist 4 James Manchester, a member of the Scout platoon of the 27th Battalion of the 1st Brigade, will later call the battle nothing more than “f_cking murder.”
Shortly after the attack, an interpreter for the 124th Military Intelligence Battalion interrogates a captured Iraqi tank commander who asks over and over: “Why are you killing us? All we were doing was going home. Why are you killing us?”
After the battle, military analysts will pore over the battle films recorded by the Apache attack helicopters participating in McCaffrey’s assault. One of the analysts will later tell a reporter that the footage was clear: the Iraqi tanks were in full retreat and posed no threat to American forces. “These guys were in an offroad defensive position—deployed in a perimeter,” the analyst will recall. Some of the Iraqi tanks attempted to return fire once McCaffrey began his assault: “We saw T-72s in battle lines, firing away blindly in the air. They didn’t know what was killing them, but they were gamely shooting—knowing they would die.”
Many officers on the ground will later describe actions by McCaffrey and some of his senior subordinates they believe are designed to provoke a response from the retreating Iraqis and thus provide an excuse to begin a counterattack.
Massacre Factor in Decision to End Hostilities - Reporters are not allowed in the area, so no one is there to report on, or photograph, the actual assault or its immediate aftermath. But the area is heavily photographed in the following days, and the swath of destroyed, burned-out vehicles becomes at once a symbol of US military superiority and of Iraqi defeat. It is later cited as one of the factors in President Bush’s decision to accept Iraq’s surrender and cease hostilities. The decision enables the Iraqi Army to survive the war somewhat intact, and keeps Saddam Hussein in power. Bush will later explain: “If we continued the fighting another day… would we be accused of a slaughter of Iraqis who were simply trying to escape, not fight? In addition, the coalition was agreed on driving the Iraqis from Kuwait, not on carrying the conflict into Iraq or on destroying Iraqi forces.”
Dehumanizing the Iraqis - Manchester will later tell a reporter: “I was as patriotic as they come. I was a gung-ho ass-kicking Commie-hating patriotic son of a b_tch. I hated the Arabs. We all did. I dehumanized them. Did the Iraqis commit war crimes in Kuwait? Did they retreat back into Iraq to commit war crimes against their own people? The answer is yes to both questions. But does that make March 2nd justified? There have to be limits, even in war. Otherwise, the whole system breaks down.” [New Yorker, 5/22/2000]
Entity Tags: US Department of the Air Force, Ronald Griffith, Saddam Hussein, George Herbert Walker Bush, Charles Sheehan-Miles, Barry McCaffrey, US Department of Defense, James Johnson, James Manchester, James Kump, Patrick Lamar, Norman Schwarzkopf, US Department of the Army
Timeline Tags: Events Leading to Iraq Invasion
A container leaking an unknown but potentially dangerous substance is reported at a Kuwaiti girls’ school in Kuwait City. [Office of the Special Assistant for Gulf War Illnesses, 1/20/2008] The container is a storage tank that is initially shown to contain mustard agent and phosgene. The report causes a brief media sensation in the British and US press. Later, more intensive analysis of the data by British inspectors shows that the tank contained no chemical warfare agents, but instead contained a substance known as inhibited red fuming nitric acid (IRFNA). The US Defense Department will confirm those reports. [Illnesses, 3/19/1998]
Thousands of Timorese attend the funeral of Sebastian Gomez, a Timorese youth, who was shot dead in the Catholic church of San Antonio de Motael by East Timorese agents under the direction of the Indonesian government the month before. When the funeral procession arrives at the Santa Cruz cemetery in Dili, the US-trained elite Kopassus military unit appears and immediately opens fire on the crowd with its American-made M-16s. The massacre is caught on film and broadcast worldwide on television by Max Stahl. [John Pilger, 1994; Observer, 9/19/1999; Inter Press Service, 7/8/2004] Witnessing the massacre are two American journalists, Amy Goodman of WBAI / Pacifica radio and Allan Nairn, a reporter for New Yorker magazine. Nairn will later recount in his February 27, 1992 testimony to Congress: “[A]s we stood there watching as the soldiers marched into our face, the inconceivable thing began to happen. The soldiers rounded the corner, never breaking stride, raised their rifles and fired in unison into the crowd. Timorese were backpedaling, gasping, trying to flee, but in seconds they were cut down by the hail of fire. People fell, stunned and shivering, bleeding in the road, and the Indonesian soldiers kept on shooting. I saw the soldiers aiming and shooting people in the back, leaping bodies to hunt down those who were still standing. They executed schoolgirls, young men, old Timorese, the street was wet with blood and the bodies were everywhere.” [US Congress, 2/27/1992 Sources: Allan Nairn, Amy Goodman] In 1992, an investigation performed by the Portuguese solidarity group, A Paz e Possivel em Timor-Leste, will report the casualties: 271 killed, 278 Wounded, 103 Hospitalized, and 270 “disappeared.” [East Timor Action Network, 1/3/2006] After the massacre, the US will continue to provide aid to the Indonesian military under a covert program codenamed “Iron Balance.” The training is in military expertise that can “only be used internally against civilians, such as urban guerrilla warfare, surveillance, counter-intelligence, sniper marksmanship and ‘psychological operations.’” [Observer, 9/19/1999 Sources: Pentagon documents]
An unnamed US intelligence official tells businessman William Hamilton that there is a connection between the PROMIS database and search program and the Main Core database. Hamilton is a former NSA official who helped developed PROMIS, but is now involved in a series of disputes with the government over money he says it owes his company, Inslaw. Main Core is a database that is said to collect sensitive information, including about US persons. The specific type of connection is not certain. This is one of three times officials will tell Hamilton about the link (see 1995 and July 2001). [Salon, 7/23/2008]
Iraq receives its last shipment from the US of Pralidoxine, an antidote to nerve gas which can also be reverse engineered to create actual nerve gas. [Sunday Herald (Glasgow), 9/8/2002]
Acting on allegations of physical and sexual abuse of children at the Mt. Carmel compound outside of Waco, Texas, the Texas Department of Protective and Regulatory Services (DPRS) opens an investigation into the allegations among the Branch Davidian sect living on the property (see November 3, 1987 and After). Caseworkers go to the compound three times and interview a number of children, but close the case when no evidence of abuse is unearthed, though the children talk freely about “all the men” training with weapons (leader David Koresh tells investigative officer Joyce Sparks that the Davidians have “only a few” weapons, and most of the adults have nothing to do with them). After a February 1993 newspaper series that alleges an array of such abuse (see February 27 - March 3, 1993), and especially after the April 1993 debacle that kills 21 children among the group (see April 19, 1993), the DPRS will come under fire for possibly mishandling the case. Many will say that the agency caseworkers made a mistake in not interviewing the children outside the compound, where, away from the adult Davidians, they may have spoken more freely. Bob Boyd, director of the Waco office, will say in 2003 that none of the children said anything that would lead to a belief that they were being abused. “People are under the assumption that if we had taken the children out of there for an interview, they would have opened up to us about abuse,” he says. “The reality was it was highly unlikely. They were such a closed group, and because of their strong beliefs and devotion to [leader David] Koresh, I don’t believe we would have gotten any of them to talk to us about abuse. They were not going to open up to outsiders. Even those kids we talked to who did come out during the standoff didn’t reveal anything to us. It was only after a long time were we able to piece together some pictures of what it was like inside.” David Jewell, whose daughter Kiri will testify to being abused by Koresh since she was 10 (see July 21, 1995), will say he believes caseworkers called ahead before coming to the compound, and the Davidians were able to hide some of the abused children from the caseworkers. Boyd says no such calls were made. Sparks will allege that McLennan County Sheriff Jack Harwell told her to “back off” from investigating abuse complaints; Harwell will deny making such statements. [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993; Waco Tribune-Herald, 3/16/2003]
The US Supreme Court reaffirms the Ker-Frisbie doctrine, which states that a US court will not concern itself over how a suspect came to stand before it for trial. The reaffirmation is part of a ruling on the case of Humberto Alvarez-Machain, a Mexican doctor allegedly involved in the kidnap and murder of a DEA agent who was rendered from Mexico by US agents without Mexico’s consent under the extradition treaty with the US (see April 1990). The Ker-Frisbie doctrine reaches back to the 19th century and states that US courts have jurisdiction over a criminal defendant regardless of the means by which that defendant was brought before the court, as a breach of general international law principles does not generally affect the jurisdiction of a domestic court. [US House of Representatives, 7/24/1992] However, Alvarez-Machain will be acquitted later by a lower court on the facts of the actual charges. [Grey, 2007, pp. 135]
During the Republican National Convention, Republican National Committee (RNC) chairman Rich Bond, in speaking about Democrats, says that “we are America, they are not America.” [Hunt, 9/1/2009, pp. 21]
The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]
Agim Ceku. [Source: Viewimages.com]Croatian General Agim Ceku’s troops in Croatia are responsible for many atrocities against the Croatian Serbs, witnessed by Canadian peace-keeping forces. The Canadian testimony ultimately leads to a sealed indictment against Ceku being issued by the Hague Tribunal. [Taylor, 2002, pp. 164] Ceku will be elected prime minister of Kosovo in 2006 despite the still pending war crimes charges (see January 1999).
BATF agents surround the Branch Davidian compound in the first minutes of the raid. [Source: Associated Press]Agents of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF) prepare to serve arrest and search warrants against members of the Branch Davidian religious sect, housed in a compound they call Mt. Carmel, on a hill just outside Waco, Texas (see November 1992 - January 1993). The Branch Davidians are a Christian group currently led by David Koresh (see November 3, 1987 and After), who is the prime focus of the arrest and search warrants. Koresh and the Davidians are known to have large stashes of firearms, many of which authorities suspect are illegal to own by US citizens—automatic rifles, machine guns, and the like. Koresh has preached that the End Times, or Apocalypse, will begin sometime around 1995, and the Davidians must arm themselves to prepare for the coming conflict. As a result, Koresh and a number of Davidians have been amassing weapons since 1991, along with gas masks, bulletproof vests, and military-issue MREs, or “meals ready to eat.” [Dean M. Kelley, 5/1995; US Department of Justice, 7/16/1995; PBS Frontline, 10/1995; PBS Frontline, 10/1995]
Large-Scale Raid Launched - After four days of preparation (see February 24-27, 1993), the BATF forces close on the compound: some 80 government vehicles, including two covered cattle trailers containing 70 BATF agents in full SWAT gear, reach the staging area near the compound by 7:30 a.m. Two or perhaps three Texas National Guard helicopters are deployed. [New York Times, 3/27/1993; Dean M. Kelley, 5/1995; Austin Chronicle, 6/23/2000] The raid was originally planned for March 1, but was moved forward when the Waco Tribune-Herald began publishing its “Sinful Messiah” series about Koresh (see February 27 - March 3, 1993). BATF spokesman John Killorin will later say the BATF feared the cult might become more alert to the possibility of a raid once the series started. Tribune-Herald editor Bob Lott will say that the newspaper alerted federal authorities the day before the first installment ran, giving the BATF a chance to review its raid plans. [New York Times, 3/27/1993]
Davidians Alerted - A local news reporter’s discussion with a US postal official inadvertently “tips off” the Davidians to the impending raid (see Before 9:45 a.m. February 28, 1993).
BATF Decides Element of Surprise Unnecessary - Koresh is visibly agitated at the news of the impending raid; he tells Robert Rodriguez, whom many Davidians correctly suspect to be a BATF undercover agent (see January 11, 1993 and After): “Neither the ATF nor the National Guard will ever get me. They got me once, and they’ll never get me again.” Looking out of a window, he adds: “They’re coming, Robert, they’re coming.… The time has come.” Fearing that he will be caught on the premises when the raid begins, Rodriguez makes an excuse and hurriedly leaves. Once off the grounds, he alerts the BATF raid commanders that Koresh knows the agents are on their way. Rodriguez reports via telephone to his immediate superior, BATF tactical coordinator Charles Sarabyn, who relays word to Philip Chojnacki, the agent in charge of the raid. The commanders ask if Rodriguez has seen any signs of alarm or guns being distributed. Rodriguez says he has not, though he tells them that Koresh is so agitated that he is having trouble speaking and holding on to his Bible. According to a Treasury Department report (see Late September - October 1993): “Sarabyn expressed his belief that the raid could still be executed successfully if they hurried. Chojnacki responded, ‘Let’s go.’ A number of agents informed the Treasury investigative panel that Sarabyn said things like, ‘Get ready to go; they know we are coming.’” Chojnacki and Sarabyn decide to rush the raid, hoping to deploy before the Davidians are mobilized. [Newsweek, 5/3/1993; Dallas Morning News, 8/28/1993; Time, 10/11/1993; Dean M. Kelley, 5/1995; House Committee on Government Reform and Oversight, 8/2/1996] Rodriguez will testify that he attempts to find Sarabyn and appraise him of his fears that the Davidians are preparing to resist with violence, but will say that by the time he arrives at the BATF command post, on the Texas State Technical College campus, Sarabyn and his companions have already departed. Rodriguez will testify: “At that time, I started yelling and I said: ‘Why, why, why? They know we’re coming, they know we’re coming.‘… [E]verything was very quiet, very quiet, and if I remember right, everybody was really concerned. I went outside and I sat down and I remember starting to cry.” Sarabyn and Chojnacki will later testify that while they understood Rodriguez’s fears, neither of them believe Koresh is aware of the impending raid; testimony from Rodriguez and another BATF agent, Roger Ballesteros, will contradict their claims. [House Committee on Government Reform and Oversight, 8/2/1996] A Los Angeles Times report later makes a similar claim, apparently based on Rodriguez’s recollections; the BATF will deny that report entirely. A Waco Tribune-Herald article later reports that just before the raid, a voice comes over BATF radios saying: “There no guns in the windows. Tell them it’s a go.” Two weeks after the raid, Newsweek will incorrectly report that Rodriguez, whom the article does not identify, “apparently thought little of the call [alerting Koresh of the impending raid] at the time,” left the compound, and reported an “all clear” to his colleagues. [Newsweek, 3/15/1993] Other reports have Davidians telling one another, “The Assyrians are coming,” and making preparations to resist an assault. [Newsweek, 5/3/1993] In 1996, a Congressional investigation will find that Chojnacki and Sarabyn’s decision to go ahead with the raid even though the element of surprise had been lost was a “reckless” error: “This, more than any other factor, led to the deaths of the four ATF agents killed on February 28” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Davidians Resist - The Davidians successfully resist the raid (see 9:30 A.M. and After, February 28, 1993), in the process killing four BATF agents (see 11:00 A.M. and After, February 28, 1993) and bringing about a standoff between themselves and the FBI (see 12:00 p.m. February 28, 1993).
Entity Tags: Charles Sarabyn, Texas National Guard, John Killorin, Philip Chojnacki, Branch Davidians, David Koresh, Waco Tribune-Herald, Texas State Technical College, Bob Lott, Robert Rodriguez, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: 1993 Branch Davidian Crisis
FBI agents fly to Cairo to take charge of Egyptian Mohammed (or Mahmud) Abouhalima, who will later be convicted for his role in the 1993 World Trade Center bombings (see Summer 1993). Abouhalima has been tortured by Egyptian intelligence agents for 10 days (see March 1993), and has the wounds to prove it. In 2008, a Vanity Fair report will state, “As US investigators should have swiftly realized, [Abouhalima’s] statements in Egypt were worthless, among them claims that the bombing was sponsored by Iranian businessmen, although, apparently, their sworn enemy, Iraq, had also played a part.” [Vanity Fair, 12/16/2008]
Omar Mohammed Ali Rezaq is rendered from Nigeria to the US. [Grey, 2007, pp. 245] Rezaq had led the hijacking of an EgyptAir plane for the Abu Nidal group in 1985, and had been sentenced to 25 years in prison in Malta after the plane was re-taken there with much loss of life. However, Rezaq only served seven years before somehow leaving the prison and traveling to Ghana. When he attempts to enter Nigeria, he is seized by the local authorities and turned over to the FBI, which renders him to the US. Rezaq will later be sentenced to 25 years in jail in the US for air piracy, and Judge Royce Lamberth will recommend that any request for parole be rejected. The other hijackers died when the plane was retaken. [CNN, 10/7/1996]
On April 18 and 22, 1994, members of the Haitian Armed Forces and the paramilitary Front for the Advancement and Progress of Haiti (FRAPH) enter the coastal slum of Raboteau on the outskirts of the city of Gonaives. They break into “dozens of homes, beating, and arresting those they found inside,” the BBC will recount several years later. Several of the victims are “tortured on site” and “forced to lie in open sewers” while others are shot as they try to escape. [Jamaica Observer, 3/7/2004; BBC, 10/4/2004; Center for Justice and Accountability, 1/10/2005] Between two dozen and one hundred deaths are attributed to the Raboteau Massacre. The number will remain undetermined, however, because the attackers kill many who are fleeing in boats and whose bodies fall into the sea. Additionally, the killers toss several bodies of people killed on the land also into the ocean. Days later, mutilated bodies wash back to shore. [St. Petersburg Times, 9/1/2002; Amnesty International, 3/10/2004; Center for Justice and Accountability, 1/10/2005] Among those who will be convicted for the atrocity are Louis-Jodel Chamblain and Jean Pierre Baptiste. [Human Rights Watch, 2/27/2004; Jamaica Observer, 3/7/2004; Amnesty International, 3/10/2004; BBC, 10/4/2004; Center for Justice and Accountability, 1/10/2005]
Conservative radio show host and convicted felon G. Gordon Liddy (see March 23, 1974) advises his listeners to shoot agents from the Bureau of Alcohol, Tobacco, and Firearms (BATF, sometimes abbreviated ATF) if those agents come “to disarm you.” Libby also advises his listeners to “go for a head shot.” Liddy’s remarks come in response to the February 1993 BATF raid on the Branch Davidian compound outside Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Liddy says: “Now if the Bureau of Alcohol, Tobacco, and Firearms comes to disarm you and they are bearing arms, resist them with arms. Go for a head shot; they’re going to be wearing bulletproof vests.… They’ve got a big target on there, ATF. Don’t shoot at that, because they’ve got a vest on underneath that. Head shots, head shots.… Kill the sons of b_tches.” The day after, Liddy tells reporters, “So you shoot twice to the body, center of mass, and if that does not work, then shoot to the groin area.” Three weeks later, he expounds on the topic, saying: “If the Bureau of Alcohol, Tobacco, and Firearms insists upon a firefight, give them a firefight. Just remember, they’re wearing flak jackets and you’re better off shooting for the head.” Liddy talks on the topic so much that his callers will begin to use the phrase “head shots!” to express their agreement with him. [Fairness and Accuracy in Reporting, 4/29/2005] In 2003, Liddy will tell interviewer John Hawkins that his statements were taken out of context. Asked if he regrets making his comments, Liddy will say: “Well, no. Because as usual, people remember part of what I said, but not all of what I said. What I did was restate the law. I was talking about a situation in which the Bureau of Alcohol, Tobacco, and Firearms comes smashing into a house, doesn’t say who they are, and their guns are out, they’re shooting, and they’re in the wrong place. This has happened time and time again. The ATF has gone in and gotten the wrong guy in the wrong place. The law is that if somebody is shooting at you, using deadly force, the mere fact that they are a law enforcement officer, if they are in the wrong, does not mean you are obliged to allow yourself to be killed so your kinfolk can have a wrongful death action. You are legally entitled to defend yourself and I was speaking of exactly those kind of situations. If you’re going to do that, you should know that they’re wearing body armor so you should use a head shot. Now all I’m doing is stating the law, but all the nuances in there got left out when the story got repeated.” [John Hawkins, 2003]
A former NSA official tells businessman William Hamilton that there is a connection between the PROMIS database and search program and the Main Core database. Hamilton is a former NSA official who helped developed PROMIS, but is now involved in a series of disputes with the government over money he says it owes his company, Inslaw. Main Core is a database that is said to collect sensitive information, including about US persons. The specific type of connection is not certain. This is one of three times officials will tell Hamilton about the link (see Spring 1992 and July 2001). [Salon, 7/23/2008]
Britain attempts to deport London-based Saudi dissident Mohammed al-Massari, but its efforts are unsuccessful. Al-Massari established a communications line for Osama bin Laden in the mid-1990s (see 1994). The attempt is a result of pressure from the government of Saudi Arabia, to which al-Massari is opposed. The deportation is handled by what the BBC calls an “unusually senior British official,” which is “a sign of how important it was deemed.” However, Britain cannot deport him to his home country, because of torture concerns. Britain asks friendly countries to take him in and the small Caribbean nation of Dominica accepts, but this plan fails after it comes to light that Dominica has signed, but not incorporated the UN Convention on Refugees. [BBC, 7/27/2005] The Saudis continue to urge action be taken against al-Massari, but he carries on operating from London. The Saudi ambassador will still be complaining about him in 2005 (see August 10, 2005).
Following his arrest after the Bojinka plot was shut down by Philippine police (see January 6, 1995), Abdul Hakim Murad is allegedly tortured. He is reportedly subjected to sleep and food deprivation in the first few hours, and his lawyer will also claim that he is subjected to electric shocks, force-fed, and waterboarded. However, according to author Peter Lance, “these techniques only cause[d] Murad to stonewall.” The interrogation is then turned over to Colonel Rodolfo Mendoza of the Philippine police, who elicits information from Murad using two methods: First, Mendoza ensures that he is extremely hungry when the first interrogation starts, and takes a McDonald’s hamburger, French fries, and a Coke into the interrogation room, placing them in front of Murad. Mendoza says that he must give him some additional information before he can eat. Secondly, Mendoza threatens him by saying that he could be handed over to the Mossad, and claims that fellow Bojinka conspirator Wali Khan Amin Shah is already in their hands, even though Shah is still a fugitive (see January 13, 1995). These techniques are much more successful and Murad provides a good deal of additional information (see January 20, 1995, February 1995-1996, and February-Early May 1995). [Lance, 2006, pp. 181-3]
After Ramzi Yousef is arrested in Pakistan (see February 7, 1995), he is rendered to the US. He is read his rights before he boards the rendition flight and, as author Peter Lance will later comment, “at that time, in February 1995, the Justice Department was still quite scrupulous about the due process issues, so much so that after Yousef was led onto the plane [US agents] read him his Miranda warnings a second time.” [Lance, 2006, pp. 203] The aircraft used for the rendition belongs to the US Air Force and the operation is run by FBI manager Neil Herman. The plane is moved to a “quiet area” of Islamabad airport and, according to author Simon Reeve, Yousef is then “bundled on to the jet.” [Reeve, 1999, pp. 107] National Security Council official Daniel Benjamin will explain why Yousef and Mir Aimal Kasi (see January 25, 1993) are not extradited in the normal manner, but rendered: “Both were apprehended in Pakistan, whose leaders decided that the nation would rather not have those two—folk heroes to some—sitting in jail, awaiting extradition. Pakistan’s leaders feared that cooperating with the United States would be dangerously unpopular, so they wanted the suspects out of the country quickly.” [Washington Post, 10/21/2007] Yousef makes a partial confession while being flown to the US (see February 8, 1995).
Stephen “Don” Black. [Source: Page2Live (.com)]Don Black, an Alabama white supremacist who lives in West Palm Beach, Florida, founds an organization called Stormfront. Stormfront’s Web site, Stormfront.org, will become the most prominent white supremacist site on the Internet, and will come to serve as the hub of a network of related Web sites. [Swain and Nieli, 1995, pp. 153-157; Southern Poverty Law Center, 6/2001; Southern Poverty Law Center, 6/2005] The site states its purpose: “Stormfront is a resource for those courageous men and women fighting to preserve their White Western culture, ideals, and freedom of speech and association—a forum for planning strategies and forming political and social groups to ensure victory.” [New Times, 2/19/1998] The Stormfront motto is “White Pride World Wide.” Bob DeMarais, a former staff member of the neo-Nazi National Alliance (see 1970-1974), later writes, “Without a doubt, Stormfront is the most powerful active influence in the White Nationalist movement.” By 2005, the site will boast some 52,000 members and Jamie Kelso, who will begin working with Black in 2002, will claim 500 new members join every week. DeMarais will give Kelso a great deal of credit for building the Stormfront community of users. [Southern Poverty Law Center, 6/2005] The Southern Poverty Law Center (SPLC) will call Stormfront.org the first “hate site” on the Internet. [Southern Poverty Law Center, 6/2001]
Began Extolling White Supremacist Ideology in High School, Went on to Lead KKK - Black began his career as a white supremacist while still in high school in the early 1970s, joining the National Socialist White People’s Party and handing out racist tabloids to his fellow students. In 1971, he was shot by Jerry Ray, the manager for white supremacist J.B. Stoner’s unsuccessful gubernatorial campaign in Georgia. Ray, the brother of Martin Luther King Jr.‘s assassin James Earl Ray, thought that Black had broken into Stoner’s office to steal a mailing list for the National Socialist White People’s Party. Black recovered, and attended the University of Alabama, where he was ejected from the ROTC program for his racist statements. Subsequently he began working with Klan leader David Duke to revitalize the foundering Knights of the Ku Klux Klan (KKK). According to a 1995 report by the progressive New Times: “Duke taught Black it’s easier to attract supporters by criticizing affirmative action, illegitimate welfare births, and illegal immigration than labeling blacks as inferior or Jews as rich enemies. The goal was to avoid inflammatory remarks and present oneself as dignified—sticking to the issues. Supremacy is presented as nationalism. And intolerance warps into a preference for one’s own heritage.” After Duke was forced out of the KKK over allegations of selling its mailing list, Black took over the organization until 1981, when he spent three years in prison for fomenting a plot with other supremacists to invade the tiny Caribbean island nation of Dominica (see June 21, 1981). Black learned to program computers during his prison term. He returned to Birmingham, Alabama, in 1985, telling friends, “I’m here to build the greatest white racist regime this country has ever seen.” After quitting the Klan because of its overt advocacy of violence, he decided to execute his plans via the Internet, still in its infancy at the time. [Swain and Nieli, 1995, pp. 153-157; New Times, 2/19/1998; BBC, 1/12/2000; Southern Poverty Law Center, 6/2005] Black’s efforts will be quite successful; in 1995, he will tell a reporter: “A third of households have computers and with the phenomenal growth of the Internet, tens of millions of people have access to our message if they wish. The access is anonymous and there is unlimited ability to communicate with others of a like mind.” [New York Times, 3/13/1995]
Launches Internet BBS that Becomes Stormfront - In 1991, having married Duke’s ex-wife Chloe and moved to Florida, Black launched an Internet bulletin board (BBS) to support Duke’s unsuccessful candidacy for a US Senate seat from Louisiana. In early posts on Stormfront, Black explains that white Americans have as much right to espouse their culture as any other group, and says that Stormfront attempts to provide an alternative to the mainstream American media, which he says is dominated by Jews and liberals who routinely disparage and mock whites. Black says that his racist views are in line with those held by Thomas Jefferson and other Founding Fathers. He calls the site the Internet presence for the “white nationalist” movement, which proclaims its intention to “separate” from minorities and found an all-white nation or state within American borders. He will tell a reporter: “We believe that our people, white people in this country and throughout the world, are being discriminated against. They’re being treated as second-class citizens. We’re tired of seeing other racial and ethnic groups impose their agenda on us.” [Swain and Nieli, 1995, pp. 153-157; New Times, 2/19/1998; BBC, 1/12/2000]
Expansion - Between 1995 and 1997, Stormfront features the violent, racist writings of the National Alliance’s William Pierce (see 1978), his former mentor David Duke, the National Alliance’s Institute for Historical Review (a Holocaust-denying think tank), and others. The site promotes an array of conspiracy theories surrounding the 1992 Ruby Ridge shootings (see August 31, 1992), the 1993 Branch Davidian debacle (see April 19, 1993), and the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). On Stormfront’s Web site, right-wing lawyer Kirk Lyons compares the Branch Davidian events to the Nazi destruction of the Czechoslovakian town of Lidice. Anti-Semitic writer Eustace Mullins suggests that the Anti-Defamation League (ADL), an organization dedicated to tracking and challenging racist organizations, was behind the Oklahoma City bombing. The site houses a library of neo-Nazi graphics available for download, a list of phone numbers for racist computer bulletin boards not on the Internet, and a page of links to other hate sites. By 1997, Stormfront begins hosting pages of other extremist groups such as Aryan Nations (see Early 1970s), and individuals such as Ed Fields, who publishes the racist newsletter The Truth at Last. Black reprints white supremacist articles and essays, including one that attacks the Talmud, a Jewish holy book, as filled with “malice,” “hate-mongering,” and “barbarities.” Black also reprints an essay by neo-Nazi Louis Beam (see February 1992), who claims he has knowledge of a Jewish conspiracy to censor the Internet. Black also adds new features to his site: pages “proving” the “inferiority” of the “Negro” race, a translation of Adolf Hitler’s Mein Kampf, a page of “quotes” by Jews that are either false or deliberately mistranslated along with quotes by anti-Semites, and “White Singles,” a dating service for “heterosexual, white gentiles only.” Black also adds a news section, White Nationalist News Agency (NNA), which posts the text of articles from the Associated Press and other reputable news sources, apparently without legal permission and often with racist commentary included. Black also hosts “Blitzcast,” an audio podcast that lets listeners hear speeches by the late George Lincoln Rockwell, the assassinated leader of the American Nazi Party; William Pierce; anti-Semitic Jew Benjamin Freedman; and Frank Weltner, who hosts another Black-operated site, Jew Watch. Yet another site Black hosts, Bamboo Delight, hides anti-Semitic materials behind the false front of a company selling “Tai Chi Chuan Chinese Exercise” materials. Looking past “Asian Health Philosophy” items such as the “Nine Treasure Exercises of Ancient China” videotape and the “Skinny Buddha Weight Loss Method” pamphlet, visitors find the downloadable computer programs “Jew Rats,” “Police Patriots,” “ZOG,” and “Talmud.” These programs are interactive in the same way that Web pages are interactive: users “click through” their contents, viewing various pages filled with text and graphics. “Jew Rats” is a multi-panel cartoon that depicts Jews as rats that kill Christians and encourage integration. Blacks are depicted as sub-human gorillas. “ZOG” contains the complete text of the “classic” anti-Semitic forgery “The Protocols of the Elders of Zion” along with dozens of other documents that claim knowledge of Jewish plans for world domination. Adrian Edward Marlow, who owns the servers Black uses for Stormfront and the other related sites, has bought over 10 domains that seem to be the URLs of prominent newspapers such as the Philadelphia Inquirer, the Pittsburgh Post-Gazette, the Chicago Sun-Times, the Atlanta Constitution-Journal, and the London Telegraph. By October 1998, Marlow has redirected those domains directly to Stormfront. Typing in “philadelphiainquirer.com,” for example, does not bring surfers to the Philadelphia newspaper’s Web site, but to Stormfront. (The Inquirer will subsequently secure that domain name from Marlow.) [Anti-Defamation League, 1998]
Deliberate Attempts at 'Moderating' Message - Black takes care not for his site to appear overly crude or violent. Forum posters are warned to avoid using racial slurs and not to post violent threats or exhortations to illegal activities, “moderating” tactics apparently learned from Duke. Black will also be somewhat successful at presenting himself, and by extension his supremacist ideology, on television, insisting that his site is more about presenting information not filtered by the “media monopoly” than promoting racist beliefs (see January 13, 1998). Kelso later tells a reporter with evident pride: “One of the things that Don Black does very well is he doesn’t fit the stereotype of an angry man. Don is the most under-recognized giant in the whole white nationalist movement.” [Southern Poverty Law Center, 6/2005] Black will deny that the name “Stormfront” has any Nazi connotations, and in 1998 will explain the name, saying: “You need a colorful name. We wanted something militant-sounding that was also political and social. Stormfront says turbulence is coming, and afterwards there’ll be a cleansing effect.” Though his site is peppered with virulent anti-Semitic claims and articles, Black will deny that either he or his site espouses any hatred towards Jews. Black will also deny that he is a neo-Nazi or even a white supremacist, and say he is a “racialist” (see September 1983, March 15, 2002, July 15, 2002, and June 7, 2009) but not a racist. Black will call the term “racist” nothing more than a “scare word” with little real meaning. His son Derek will soon open a subsidiary site aimed at white children, “Stormfront for Kids” (see July 16, 2001). [Swain and Nieli, 1995, pp. 153-157; New Times, 2/19/1998; BBC, 1/12/2000] In 1998, the ADL will take issue with Black’s claims of not being a racist, writing, “Though Black claims to be a ‘White Nationalist,’ not a hatemonger, his idea of ‘White Pride’ involves demeaning, demonizing, and menacing Jews and non-whites, and his concept of ‘victory’ includes the creation of ethnically cleansed political enclaves. [Anti-Defamation League, 1998] In 2001, David Friedman of the Anti-Defamation League will tell a reporter: “Put aside your prejudices about who’s in the hate movement. If you’re looking for people in white sheets, you won’t find them. These are sophisticated bigots who have thought very carefully about the best ways to proselytize people to their hate.” [USA Today, 7/16/2001]
Entity Tags: Ku Klux Klan, Jamie Kelso, Kirk Lyons, Jerry Ray, Jew Watch (.org), Louis R. Beam, Jr, Stormfront, National Socialist White People’s Party, White Nationalist News Agency, National Alliance, Stormfront (.org), Southern Poverty Law Center, James Earl Ray, J.B. Stoner, Ed Fields, George Lincoln Rockwell, Benjamin Freedman, Bamboo Delight (.com), Aryan Nations, Anti-Defamation League, Adrian Edward Marlow, Bob DeMarais, Institute for Historical Review, Chloe Black, David Friedman, Frank Weltner, Eustace Mullins, William Pierce, Don Black, Derek Black, David Duke, New Times
Timeline Tags: US Domestic Terrorism
The Alfred P. Murrah Building after being bombed. [Source: CBS News]A truck bomb destroys the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people in America’s worst domestic terrorist attack. Timothy McVeigh, later convicted in the bombing, has ideological roots both in the Patriot world and among neo-Nazis like William Pierce, whose novel, The Turner Diaries (see 1978), served as a blueprint for the attack. [Washington Post, 4/20/1995; Southern Poverty Law Center, 6/2001; Clarke, 2004, pp. 127] Initially, many believe that no American set off the bomb, and suspect Islamist terrorists of actually carrying out the bombing (see 10:00 a.m. April 19, 1995 and After). Their suspicions prove groundless. Investigators will find that the bomb is constructed of some 5,000 pounds of ammonium nitrate and fuel oil, carried in 20 or so blue plastic 55-gallon barrels arranged inside a rented Ryder truck (see April 15, 1995). The bomb is detonated by a slow-burning safety fuse, most likely lit by hand. The fuse is attached to a much faster-burning detonation cord (“det cord”) which ignites the fertilizer and fuel-oil mixture. [New York Times, 4/27/1995] The Murrah Federal Building houses a number of federal agencies, including offices for the Bureau of Alcohol, Tobacco and Firearms (BATF); the Social Security Administration; the Housing and Urban Development (HUD), Veterans Affairs, and Agriculture departments; and the Secret Service. [Washington Post, 4/20/1995] It encompasses an entire city block, between 5th and 4th Streets and Harvey and Robinson Streets, and features a U-shaped, indented drive on 5th that allows for quick pickup and delivery parking. The entire building’s facade on this side is made of glass, allowing passersby to see into the offices in the building, as well as into the America’s Kids day care center on the second floor, which by this time is filling with children. It is in this driveway that McVeigh parks his truck. [Serrano, 1998, pp. 99-102]
Entering the City - McVeigh drives into Oklahoma City, entering around 8:30 a.m. from his overnight stop in Ponca City, Oklahoma; the details reported of his entrance into the city vary (see 7:00 a.m. - 8:35 a.m., April 19, 1995). At 8:55 a.m., a security camera captures the Ryder truck as it heads towards downtown Oklahoma City [Douglas O. Linder, 2006] , a sighting bolstered by three people leaving the building who later say they saw the truck parked in front of the Murrah Building around this time. At 8:57, a security camera captures an image of McVeigh’s Ryder truck being parked outside the Murrah Building in a handicapped zone. One survivor of the blast, Marine recruiter Michael Norfleet, later recalls seeing the Ryder truck parked just outside the building next to the little circle drive on 5th Street leading up to the main entrance of the building. Norfleet had parked his black Ford Ranger in front of the Ryder.
McVeigh Lights Fuses - McVeigh drives the Ryder truck west past the Murrah Building on NW Fourth Street, turns north on a one-way street, and turns right on Fifth Street. He pulls the truck over and parks near the Firestone store, next to a chain-link fence. He then lights the five-minute fuses from inside the cab (see 8:15 a.m. and After, April 18, 1995), sets the parking brake, drops the key behind the seat, opens the door, locks the truck, exits, and shuts the door behind him. A man later claims to have hit his brakes to avoid someone matching McVeigh’s description as he crossed Fifth Street around 9:00 a.m. McVeigh walks quickly toward a nearby YMCA building where he has hidden his getaway car, a battered yellow Mercury Marquis (see April 13, 1995), in the adjoining alleyway, crossing Robinson Street and crossing another street to get to the alleyway. He begins to jog as he approaches his car. He later says he remembers a woman looking at him as she is walking down the steps to enter the building; he will describe her as white, in her mid-30s, with dirty blonde hair. According to McVeigh’s own recollection, he is about 20 feet into the alley when the bomb goes off. [Stickney, 1996, pp. 184-185; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 158; Douglas O. Linder, 2006; The Oklahoman, 4/2009]
Truck Explodes - At 9:02 a.m., the truck explodes, destroying most of the Murrah Building and seriously damaging many nearby buildings. Eventually, it will be determined that 168 people die in the blast, including 19 children. Over 500 are injured. The children are in the second-story day care center just above the parking space where McVeigh leaves the Ryder truck. McVeigh will later tell his biographers that he is lifted off his feet by the power of the blast.
Devastation and Death - When the bomb detonates, the day care center and the children plummet into the basement. The building, constructed with large glass windows, collapses, sending a wave of flying glass shards and debris into the building and the surrounding area. The oldest victim is 73-year-old Charles Hurlbert, who has come to the Social Security office on the first floor. Hurlbert’s wife Jean, 67, also dies in the blast. The youngest victim is four-month-old Gabeon Bruce, whose mother is also in the Social Security office. One victim, Rebecca Anderson, is a nurse who runs towards the building to render assistance. She never makes it to the building; she is struck in the head by a piece of falling debris and will die in a hospital four days after the blast. Her heart and kidneys will be transplanted into survivors of the bombing. [Denver Post, 6/3/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 153-154; Oklahoma City Journal Record, 3/29/2001] Sherri Sparks, who has friends still unaccounted for in the building, tells a reporter in the hours after the blast, “Oh, I can’t stand the thought of… those innocent children, sitting there playing, thinking they’re safe, and then this happens.” The explosion leaves a 30-foot-wide, 8-foot-deep crater in the street that is covered by the wreckage of the building’s upper floors. The north face of the nine-story building collapses entirely. [Washington Post, 4/20/1995; Washington Post, 4/22/1995] Mary Heath, a psychologist who works about 20 blocks from the Murrah Building, says the blast “shook the daylights out of things—it scared us to death. We felt the windows shake before we heard the noise.” In a neighboring building, a Water Resources Board meeting is just commencing; the audiotape of the meeting captures the sound of the blast (see 9:02 a.m. and After, April 19, 1995). [Washington Post, 4/20/1995; The Oklahoman, 4/2009] Norfleet, trapped in the Marine Corps office, is thrown into a wall by the explosion. His skull is fractured, and a shard of glass punctures his right eye. Three separate arteries are pierced, and Norfleet begins bleeding heavily. Two supply sergeants in the office are far less injured; Norfleet asks one, “How bad am I hurt?” and one replies, “Sir, you look really bad.” One of the two begins giving Norfleet first aid; Norfleet later recalls: “He immediately went into combat mode and started taking care of me. He laid me on a table and he started looking for bandages to administer first aid. And while I was laying on that table, I just knew that I was losing strength and that if I stayed in the building, I would die.” Norfleet wraps a shirt around his head and face to slow the bleeding, and the two sergeants help him to the stairs, through the fallen rubble, and eventually out. Norfleet will later say that he follows “a blood trail of somebody that had gone down the steps before me” to get outside, where he is quickly put into an ambulance. He loses almost half his body’s blood supply and his right eye. He will never fly again, and will soon be discharged for medical incapacity. [Serrano, 1998, pp. 161-162] Eighteen-month-old Phillip Allen, called “P.J.” by his parents, miraculously survives the blast. The floor gives way beneath him and he plunges 18 feet to land on the stomach of an adult worker on the floor below, Calvin Johnson. Landing on Johnson’s stomach saves P.J.‘s life. Johnson is knocked unconscious by the blast and by the impact of the little boy falling on him, but when he awakes, he carries the toddler to safety. P.J.‘s grandfather calls the child “Oklahoma’s miracle kid,” and media reports use the label when retelling the story of the miraculous rescue. P.J. is one of six children in the day care center to survive the blast. [Stickney, 1996, pp. 275-277] Some people later report their belief that the Murrah Building was rocked by a second explosion just moments after the first one, the second coming from a secure area managed by the Bureau of Alcohol, Tobacco and Firearms (BATF) that illegally stored explosives. Law professor Douglas O. Linder will later write, “Both seismic evidence and witness testimony supports the ‘two blast theory.’” [Douglas O. Linder, 2006] That theory is later disputed (see After 9:02 a.m. April 19, 1995).
Explosion's Effects Felt Miles Away - Buildings near the Murrah are also damaged, seven severely, including the Journal Record newspaper building, the offices of Southwestern Bell, the Water Resources Board, an Athenian restaurant, the YMCA, a post office building, and the Regency Tower Hotel. Two Water Resources Board employees and a restaurant worker are killed in the blast. The Journal Record building loses its roof. Assistant Fire Chief Jon Hansen later recalls, “The entire block looked like something out of war-torn Bosnia.” Every building within four blocks of the Murrah suffers some effects. A United Parcel Service truck 10 miles away has its windows shattered by the blast. Cars in parking lots around the area catch fire and burn. Millions of sheets of paper, and an innumerable number of glass shards, shower down for hundreds of feet around the building. [Stickney, 1996, pp. 28-30]
Truck Axle Crushes Nearby Car - Richard Nichols (no relation to bomber Timothy McVeigh’s co-conspirator Terry Nichols), a maintenance worker standing with his wife a block and a half away from the Murrah Building, is spun around by the force of the blast. They throw open the back door of their car and begin taking their young nephew Chad Nichols out of the back seat, when Richard sees a large shaft of metal hurtling towards them. The “humongous object… spinning like a boomerang,” as Richard later describes it, hits the front of their Ford Festiva, smashing the windshield, crushing the front end, driving the rear end high into the air, and sending the entire car spinning backwards about 10 feet. Chad is not seriously injured. The metal shaft is the rear axle of the Ryder truck. Later, investigators determine that it weighs 250 pounds and was blown 575 feet from where the truck was parked. Governor Frank Keating (R-OK) points out the axle to reporters when he walks the scene a day or so later, causing some media outlets to incorrectly report that Keating “discovered” the axle. The scene will take investigators days to process for evidence. [Stickney, 1996, pp. 32; New York Times, 6/3/1997; Serrano, 1998, pp. 187-189]
First Responders Begin Arriving - Within minutes, survivors begin evacuating the building, and first responders appear on the scene (see 9:02 a.m. - 10:35 a.m. April 19, 1995).
McVeigh's Getaway - McVeigh flees the bomb site in his Mercury getaway car (see 9:02 a.m. and After, April 19, 1995), but is captured less than 90 minutes later (see 9:03 a.m. -- 10:17 a.m. April 19, 1995).
Entity Tags: Mary Heath, Phillip (“P.J.”) Allen, Regency Tower Hotel (Oklahoma City, Oklahoma), Oklahoma City Journal Record, Michael Norfleet, Murrah Federal Building, Richard Nichols, Social Security Administration, Sherri Sparks, Timothy James McVeigh, US Department of Housing and Urban Development, Terry Lynn Nichols, Jon Hansen, Southwestern Bell, Jean Hurlbert, Ed Kirkpatrick, Frank Keating, US Secret Service, US Department of Veterans Affairs, Water Resources Board (Oklahoma City, Oklahoma ), Young Men’s Christian Association, William Pierce, Gabeon Bruce, America’s Kids (Oklahoma City, Oklahoma ), Chad Nichols, Federal Bureau of Investigation, Calvin Johnson, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Charles Hurlbert, US Department of Agriculture, Douglas O. Linder
Timeline Tags: Complete 911 Timeline, Domestic Propaganda, US Domestic Terrorism
President Clinton says that Americans should not accept the idea that the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) is a political act, as many right-wing paramilitary groups are saying. Clinton says the groups enjoy freedoms that other countries would not grant them. In a speech to Emily’s List, a group that raises funds for Democratic office seekers who support abortion rights, Clinton says: “These people, who do they think they are, saying that their government has stamped out human freedoms? I don’t know that there’s another country in the world that would by law protect the rights of a lot of these groups.” [New York Times, 5/1/1995]
The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 ] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]
President Bill Clinton signs Presidential Decision Directive 39 (PDD-39) approving a rendition program recently proposed by the CIA (see Summer 1995). This program is the development of an earlier idea also approved by Clinton (see 1993) and comes two months after the bombing of a government building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The rendition program as approved by Clinton explicitly covers renditions of fugitives to the US to face trial: “When terrorists wanted for violation of US law are at large overseas, their return for prosecution shall be a matter of the highest priority and shall be a continuing central issue in bilateral relations with any state that harbors or assists them.” The directive does not require the foreign government’s consent: “Return of suspects by force may be effected without the cooperation of the host government.”
Third Countries - The 9/11 Commission will later point out that this directive also expressly approves transferring suspects to other countries: “If extradition procedures were unavailable or put aside, the United States could seek the local country’s assistance in a rendition, secretly putting the fugitive in a plane back to America or some third country for trial.”
Implications - In 2007, journalist Stephen Grey will comment on the policy’s implications: “In essence, the US government chose to outsource its handling of terrorists because neither Clinton nor his Republican opponents were prepared to establish a proper legal framework for the US to capture, interrogate, and imprison terrorists itself; nor to take the more direct military or diplomatic action required to eliminate the leadership of al-Qaeda in Afghanistan; nor to confront countries like Saudi Arabia or Pakistan whose policies helped encourage the growth of terrorism; nor to strengthen adequately the CIA’s own key capabilities.” [Grey, 2007, pp. 121, 123]
Diplomats at the US embassy in Egypt are not informed of the CIA’s rendition program. At this time the program is primarily aimed at locating enemies of the Egyptian regime and bringing them back to Egypt, where they are tortured (see Summer 1995 and Before Summer 1995). The only exception to this is US ambassador to Egypt Edward Walker, who is read into the CIA program although he is actually a State Department employee. One of the diplomats’ jobs is to report on Egypt’s extremely poor human rights record, including its torture methods. Walker will later comment, “It wasn’t a question of mincing words… I think the human rights reports were correct.” He will add that there are Chinese walls at the embassy to keep the CIA program secret from the diplomats: “The walls were huge and they only come together at the ambassador level… [The diplomats working on human rights] might have been a little upset if they knew what was going on.” [Grey, 2007, pp. 126]
Talaat Fouad Qassem, 38, a known leader of the Al-Gama’a al-Islamiyya (the Islamic Group), an Egyptian extremist organization, is arrested and detained in Croatia as he travels to Bosnia from Denmark, where he has been been living after being granted political asylum. He is suspected of clandestine support of terrorist operations, including the 1993 World Trade Center bombing (see February 26, 1993). He also allegedly led mujaheddin efforts in Bosnia since 1990 (see 1990). In a joint operation, he is arrested by Croatian intelligence agents and handed over to the CIA. Qassem is then interrogated by US officials aboard a US ship off the Croatian coast in the Adriatic Sea and sent to Egypt, which has a rendition agreement with the US (see Summer 1995). An Egyptian military tribunal has already sentenced him to death in absentia, and he is executed soon after he arrives. [Associated Press, 10/31/1995; Washington Post, 3/11/2002, pp. A01; Mahle, 2005, pp. 204-205; New Yorker, 2/8/2005] According to the 1999 book Dollars for Terror, two weeks before his abduction, Qassem was in Switzerland negotiating against Muslim Brotherhood leaders. Some Muslim Brotherhood exiles were negotiating with the Egyptian government to be allowed to return to Egypt if they agreed not to use Muslim Brotherhood Swiss bank accounts to fund Egyptian militant groups like Al-Gama’a al-Islamiyya, but Qassem and other radicals oppose this deal. So the removal of Qassem helps the Muslim Brotherhood in their conflict with more militant groups. [Labeviere, 1999, pp. 70-71]
Bojinka plotter Wali Khan Amin Shah is arrested in Malaysia and rendered to the US.
Shah had been on the run in Asia for almost a year, since escaping a Philippine jail (see January 13, 1995). He is missing three fingers on his left hand, and someone notices this and alerts the authorities. [Ressa, 2003, pp. 43] The FBI had hunted him through around half a dozen countries. After his arrest by Malaysian authorities, at the FBI’s request, he is rendered to the US. He will later be given a long prison sentence for his role in the Bojinka plot. [New York Times, 12/13/1995; Lance, 2004, pp. 326-7; Grey, 2007, pp. 245] Before his arrest, leading Southeast Asian militant Hambali had supplied Khan with a new identity and cover in Malaysia, where he lived on the resort island of Langkawi using the alias Osama Turkestani. However, a 2002 article will say that officials claim they only learn this “years later.” [Los Angeles Times, 2/7/2002]
John Yoo, the general counsel for the Senate Judiciary Committee and a former clerk for Supreme Court Justice Clarence Thomas, writes a book-length article for the California Law Review. Yoo’s article argues that under the Constitution, the president has far greater powers during wartime than is generally recognized. Basically, Yoo writes, Congress can only do two things to restrain a wartime president: restrict spending and impeach the president. The federal courts have no power over the president whatsoever. [Dubose and Bernstein, 2006, pp. xx]
President Clinton signs the Antiterrorism and Effective Death Penalty Act, which the New York Times calls “broad legislation that provides new tools and penalties for federal law-enforcement officials to use in fighting terrorism.” The Clinton administration proposed the bill in the aftermath of the Oklahoma City terrorist bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). In many ways, the original bill will be mirrored by the USA Patriot Act six years later (see October 26, 2001). Civil libertarians on both the left and right opposed the legislation. Political analyst Michael Freeman called the proposal one of the “worst assaults on civil liberties in decades,” and the Houston Chronicle called it a “frightening” and “grievous” assault on domestic freedoms. Many Republicans opposed the bill, and forced a compromise that removed increased wiretap authority and lower standards for lawsuits against sellers of guns used in crimes. CNN called the version that finally passed the Republican-controlled Congress a “watered-down version of the White House’s proposal. The Clinton administration has been critical of the bill, calling it too weak. The original House bill, passed last month, had deleted many of the Senate’s anti-terrorism provisions because of lawmakers’ concerns about increasing federal law enforcement powers. Some of those provisions were restored in the compromise bill.” [CNN, 4/18/1996; New York Times, 4/25/1996; Roberts, 2008, pp. 35] An unusual coalition of gun rights groups such as the National Rifle Association (NRA) and civil liberties groups such as the American Civil Liberties Union (ACLU) led the opposition to the law. [New York Times, 4/17/1996] By the time Congress passed the bill, it had been, in the words of FBI Director Louis Freeh, “stripped… of just about every meaningful provision.” [Roberts, 2008, pp. 35] The law makes it illegal in the US to provide “material support” to any organization banned by the State Department. [Guardian, 9/10/2001]
The War Crimes Act (HR 3680) becomes Public Law No: 104-192. It prohibits Americans—top officials and soldiers alike—from committing “grave breaches” of the Geneva Conventions. It states: “Whoever, whether inside or outside the United States, commits a grave breach of the Geneva Conventions,” provided that the perpetrator or the victim is a member of the US military or a national of the US, “shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.” [Newsweek, 11/5/2001]
Ramzi Yousef and two other defendants, Abdul Hakim Murad and Wali Khan Amin Shah, are convicted of crimes relating to Operation Bojinka (see January 6, 1995). [CNN, 9/5/1996] In the nearly 6,000-page transcript of the three-month Bojinka trial, there is not a single mention of the “second wave” of Bojinka that closely paralleled the 9/11 plot. Interrogations by Philippine investigator Colonel Rodolfo Mendoza had exposed the details of this plot quite clearly (see January 20, 1995 and February-Early May 1995). However, not only does the FBI not call Mendoza to testify, but his name is not even mentioned in the trial, not even by his assistant, who does testify. “The FBI seemed to be going out of its way to avoid even a hint of the plot that was ultimately carried out on 9/11,” author Peter Lance will later note. [Lance, 2003, pp. 350-51] Murad was extensively tortured during his imprisonment in the Philippines (see After January 6, 1995), and some observers such as law professor Alan Dershowitz will assert that Murad’s case proves the reliability of torture, claiming that Murad’s torture prevented a major disaster. However, others disagree. Law professor Stephanie Athey, in her examination of the case, will write in 2007 that Murad’s torture actually produced little useful information. A computer found in Murad’s apartment held key details of the plot (see January 7-11, 1995 and Spring 1995). CIA agent Michael Scheuer will later say that the information collected from Murad’s apartment, not the information gleaned from Murad’s torture, provided actual useful intelligence. [Vanity Fair, 12/16/2008]
Tsutomu Shirosako, a member of the Japanese Red Army, is turned over to US authorities in Nepal and rendered to the US. On May 14, 1986, Shirosako had fired a mortar at the US embassy in Jakarta, Indonesia, but the projectiles had failed to explode. He will be found guilty on all charges, including attempted murder of US embassy personnel and attempting to harm a US embassy, by a federal court in Washington, DC, and will be sentenced to 30 years in jail. [US Department of State, 4/1998; Grey, 2007, pp. 245]
A Renditions Branch is established at the CIA’s Counterterrorist Center. Its job is to find militant leaders and then assist their abduction. The US government has been rendering suspects for four years (see 1993), and the CIA has had a dedicated program for this since the summer of 1995 (see Summer 1995). [9/11 Commission, 7/24/2004, pp. 276] Although some specific rendition operations are known (see Summer 1998, July 1998-February 2000, and Late August 1998), the total before 9/11 is not. Estimates vary, but generally fall into a similar range:
Citing a public statement by CIA Director George Tenet, 9/11 commission deputy executive director Chris Kojm will say “70 terrorists were rendered and brought to justice before 9/11;”
Shortly after this, Tenet himself will confirm there were “over 70” renditions; [9/11 Commission, 3/24/2004]
Tenet will also say “many dozen” suspects were rendered before 9/11; [Central Intelligence Agency, 3/24/2004]
The 9/11 Congressional Inquiry will say that the Branch is involved in “several dozen” renditions before 9/11; [US Congress, 7/24/2003, pp. 728 ]
Michael Scheuer, a CIA manager responsible for operations against Osama bin Laden, will say that between 1995 and May 1999 “[t]he operations that I was in charge of concerned approximately 40 people…” [CounterPunch, 7/1/2006]
Guy Philippe serves as police chief in the Port-au-Prince suburb of Delmas. According to Human Rights Watch, “dozens of suspected gang members… [are] summarily executed, mainly by police under the command of Inspector Berthony Bazile, Philippe’s deputy.” Philippe will later deny the allegation in an interview with the Miami Herald. [Human Rights Watch, 2/27/2004; Miami Herald, 2/28/2004]
The Communications Assistance for Law Enforcement Act (CALEA) forces broadband Internet service providers such as Vonage to retrofit their networks for government surveillance purposes. The prime beneficiary of that retrofitting is the FBI’s cutting-edge electronic surveillance system known as DCSNet (see 1997-August 2007 and After), which can now monitor those networks. DCSNet also seems capable of handling other cutting-edge technologies such as push-to-talk, peer-to-peer telephony systems such as Skype, caller-ID spoofing, and phone-number portability. [Wired News, 8/29/2007]
Mir Aimal Kasi, an Islamic militant who killed two CIA officers and wounded another three in 1993 (see January 25, 1993), is arrested in Pakistan by a joint US-Pakistani team.
Betrayal - The capture is a result of reward money offered for information about him. After the shooting, Kasi hid in Pakistan, where he was protected by a local tribal leader. However, the leader decides he would like the reward money, and sends an emissary to the US consulate in Karachi, where he speaks to the FBI and provides evidence the leader can deliver Kasi. Pakistan’s ISI agrees to help and the three agencies send representatives to the town of Dera Ghazi Khan. [Coll, 2004, pp. 374-5; Associated Press, 12/27/2005] The town is in the Punjab, in central Pakistan. [Columbia Encyclopaedia, 2007] The tribal leader lures Kasi there and he is captured by the joint team, then rendered to the US.
Tenet's Reaction - CIA Director George Tenet calls hundreds of the agency’s staff together to celebrate the operation, declaring, “No terrorist should sleep soundly as long as this agency exists,” and encouraging employees to “have a cocktail before noon.” [Coll, 2004, pp. 374-5; Associated Press, 12/27/2005]
Reason for Rendition - National Security Council official Daniel Benjamin will explain why Kasi and Bojinka plotter Ramzi Yousef (see February 7, 1995) are not extradited in the normal manner, but rendered: “Both were apprehended in Pakistan, whose leaders decided that the nation would rather not have those two—folk heroes to some—sitting in jail, awaiting extradition. Pakistan’s leaders feared that cooperating with the United States would be dangerously unpopular, so they wanted the suspects out of the country quickly.” [Washington Post, 10/21/2007]
As a part of co-operation with Egyptian authorities against Islamic militancy, the CIA funds what is supposed to be a program to train Egyptian special operations forces in counterterrorism arrests. However, according to US ambassador to Egypt Edward Walker, a problem emerges: there are “too many people that die[…] while fleeing” their arrest. Author Stephen Grey will comment, “It was more of a hit squad than an arrest squad.” The funding for the program is cut off in 1998, because, according to Walker, “It got to be a little too obvious and the Agency got very nervous about this.” [Grey, 2007, pp. 126-127]
Walter Schumm, an Army Reserve colonel, writes a piece in the Military Review making the observation that few military officers understand the legal requirements for handling prisoners. In one part of the essay he notes, “It only takes one improperly trained soldier among a thousand to commit an offense against the Geneva Conventions that would cause our nation considerable embarrassment.” [USA Today, 5/13/2004]
Amnesty International, in its annual report on US military aid and human rights, states that “throughout the world, on any given day, a man, woman or child is likely to be displaced, tortured, killed or ‘disappeared’ at the hands of governments or armed political groups. More often than not, the United States shares the blame.” [Chomsky, 1998]
Harold Ray Redfeairn, a member of the white supremacist organization Aryan Nations and a self-styled “Christian Identity” “pastor” (see 1960s and After), tells churchgoers in a sermon: “We are dangerous. Dangerous to the Jews, n_ggers, and anyone else who poses a threat to the white race. What I find especially disturbing is the n_ggers.” This information comes from FBI informant Dave Hall. [Southern Poverty Law Center, 2010]
The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]
A joint surveillance operation conducted by the CIA and Albanian intelligence identifies an Islamic Jihad cell that is allegedly planning to bomb the US Embassy in Tirana, Albania’s capital. The cell was created in the early 1990s by Mohammed al-Zawahiri, brother of Islamic Jihad and al-Qaeda leader Ayman al-Zawahiri. The operation intercepts lengthy discussions between the cell and Ayman. [New Yorker, 2/8/2005; Wright, 2006, pp. 269] At the behest of the US government, Egypt, which is co-operating with the US over renditions (see Summer 1995), issues an arrest warrant for Shawki Salama Attiya, one of the militants in the cell. Albanian forces then arrest Attiya and four of the other suspected militants. A sixth suspect is killed, but two more escape. The men are taken to an abandoned airbase, where they are interrogated by the CIA, and then flown by a CIA-chartered plane to Cairo, Egypt, for further interrogation. The men are tortured after arriving in Egypt:
Ahmed Saleh is suspended from the ceiling and given electric shocks; he is later hanged for a conviction resulting from a trial held in his absence;
Mohamed Hassan Tita is hung from his wrists and given electric shocks to his feet and back;
Attiya is given electric shocks to his genitals, suspended by his limbs and made to stand for hours in filthy water up to his knees;
Ahmed al-Naggar is kept in a room for 35 days with water up to his knees, and has electric shocks to his nipples and penis; he is later hanged for an offence for which he was convicted in absentia;
Essam Abdel-Tawwab will also describe more torture for which prosecutors later find “recovered wounds.”
On August 5, 1998, a letter by Ayman al-Zawahiri will be published that threatens retaliation for the Albanian abductions (see August 5, 1998). Two US embassies in Africa will be bombed two days later (see 10:35-10:39 a.m., August 7, 1998). [Washington Post, 3/11/2002, pp. A01; New Yorker, 2/8/2005; Grey, 2007, pp. 128] The US State Department will later speculate that the timing of the embassy bombings was in fact in retaliation for these arrests. [Ottawa Citizen, 12/15/2001]
Entity Tags: Mohamed Hassan Tita, Shawki Salama Attiya, Mohammed al-Zawahiri, Albania, Central Intelligence Agency, Ahmed Saleh, Ahmed al-Naggar, Ayman al-Zawahiri, Essam Abdel-Tawwab, Islamic Jihad
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Kosovar Albanian Struggle
Mohammed Rashid, alleged to have bombed a Pan Am flight from Tokyo to Honolulu killing one person and wounding fifteen more in 1982, is rendered from Egypt to the US. He faces a nine-count indictment including charges of murder, sabotage, bombing, and other crimes in connection with the Pan Am explosion. Rashid had served part of a prison term in Greece in connection with the bombing until the Greeks released him from prison early and expelled him in December 1996, in a move the US government called “incomprehensible.” [US Department of State, 4/1999; Grey, 2007, pp. 246]
Local Ku Klux Klan (KKK) and New Black Panthers—militant groups that many feel are polar opposites of one another—march in the small town of Jasper, Texas, in response to the recent brutal murder of African-American resident James Byrd by self-avowed white supremacists (see June 7, 1998 and After). Authorities fear the two groups will engage in a physical altercation, but they exchange nothing more than intemperate and sometimes profane rhetoric. Residents did not want either group to march, but their wishes were not heeded; both President Clinton and Governor George W. Bush had asked that the groups refrain from marching, but their wishes, too, were ignored by both groups. Jasper resident Joyce Edmond, an African-American, says, “It’s wrong for either of them to be here.” She echoes the sentiments of many residents by saying that both groups are using Byrd’s murder to gain attention for themselves. Local government official Walter Diggles, an African-American, says of the groups’ rival marches: “It’s the outside coming in and disrupting a community that has been dealing very conscientiously with this situation. It’s a distraction.” The KKK members, mostly from neighboring Vidor and Waco, and the New Black Panthers and Black Muslims, from Dallas and Houston respectively, are surrounded by state troopers wearing face shields and bulletproof vests. Both sides give fiery speeches laced with racial slurs and conspiracy theories. Both sides brought large amounts of weapons, but were prohibited by police from carrying them. One white and one black militant are arrested for disorderly conduct. Several times, the crowd of onlookers laughs derisively at the militants. In a statement, Byrd’s family says: “Let this horrendous violation of the sanctity of life not be a spark that ignites more hatred and retribution. Rather, let this be a wake-up call for America, for all Americans. Let it spark a cleansing fire of self-examination and reflection.” Klan members insist that the march is to distance the organization from Byrd’s murder, and both sides claim they have come to Jasper to protect the community from the other side. [New York Times, 6/27/1998; New York Times, 6/28/1998]
In February 2000, CIA Director George Tenet testifies to Congress, “Since July 1998, working with foreign governments worldwide, we have helped to render more than two dozen terrorists to justice. More than half were associates of Osama bin Laden’s al-Qaeda organization.” Renditions are a policy of grabbing a suspect off the street of one country and taken the person to another where he was wanted for a crime or questioning without going through the normal legal and diplomatic procedures. [Associated Press, 12/27/2005] The CIA had a policy of rendering Islamic Jihad suspects to Egypt since 1995 (see Summer 1995). In July 1998, the CIA discovered a laptop containing organizational charts and locations of al-Qaeda and Islamic Jihad operatives, so presumably these renditions are a direct result of that intelligence find (see Late August 1998).
William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), says on the Alliance’s weekly radio broadcast American Dissident Voices (ADV): “We are letting the Mexicans and blacks wreck our country today not because the blacks or the Mexicans are able to brainwash us but because the Jews are. Mexicans are not a menace to us because they breed fast and carry switchblades. Blacks are not a menace because there are a lot of them and they have a tendency toward violence. We know how to deal with people who breed fast and carry switchblades. We know how to deal with violent blacks, no matter how many of them there are. Cleaning up America might be a bit messy, but there’s absolutely no question about our ability to do it, if we had the will to do it.” [Center for New Community, 8/2002 ]
Mohamed al-Owhali, one of the bombers of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998), is rendered from Kenya to the US. Al-Owhali was arrested in Nairobi after the bombing and gave up information to local authorities and the FBI about it (see August 4-25, 1998 and August 22-25 1998). He will be tried in the US and sentenced to life in prison (see October 21, 2001). [Grey, 2007, pp. 129, 246]
Graham Hall’s back, branded with the letters ALF. [Source: The Mail on Sunday]British reporter Graham Hall, who in 1998 infiltrated a British cell of the Animal Liberation Front (ALF—see 1976) with a hidden camera and captured footage of ALF’s British spokesman Robin Webb giving a bomb-making manual to activists and suggesting a target, is abducted, apparently by ALF members. They blindfold Hall and threaten to kill him, then brand the letters ALF on his back before throwing him out of a van onto a deserted road. Hall produced a documentary, Inside the ALF, that portrayed the organization as violent and extremist. Webb says the documentary was heavily and selectively edited, and says of the branding, “People who make a living in this way have to expect from time to time to take the consequences of their actions.” The British television network that aired the documentary, Channel 4, has offered to pay for plastic surgery for Hall, who considers himself an animal rights supporter but finds ALF’s tactics too extreme. Police refuse to prosecute Webb and other ALF members, who in Hall’s film boast of numerous bombings and arson attacks. Hall says of the ALF members he encountered: “Even I underestimated them. They are highly organized and totally obsessed—they’ll stop at nothing. That conflict is now out of hand and ready to explode.… I have been badly shaken by this but it will not deter me from carrying on. I will not rest until I bring these men to justice… and it won’t be the sort of justice they deal in. They are terrorists, not animal rights campaigners. They can’t function without violence. They have done this to me because I hurt them with my film. They wanted to get back at me, pure and simple.… One day I will infiltrate the ALF again. And next time they won’t get away with it.” [The Mail on Sunday, 11/7/1999; Anti-Defamation League, 2005]
The murder of gay college student Matthew Shepard (see October 9, 1998 and After) triggers a national discussion about hate crimes, centering on the question of whether Shepard’s murder should be classified as such. Shortly after Shepard’s murder, his friends Walt Boulden and Alex Trout tell reporters that Shepard may have been killed because of his homosexuality. “I know in the core of my heart it happened because he revealed he was gay,” Boulden tells a reporter. “And it’s chilling. They targeted him because he was gay.” Boulden and Trout also speak with county law enforcement officials. Kristen Price, the girlfriend of one of Shepard’s assailants, Aaron McKinney, cooperates with police after being charged with being an accessory to the murder (the charges are later reduced); she tells them that McKinney reacted violently to Shepard’s alleged advances. Later, Price will recant that part of her story and say that McKinney’s motive was to rob Shepard. In 2004 she will say: “I don’t think it was a hate crime at all. I never did.” Former Laramie police detective Ben Fritzen will agree, saying: “Matthew Shepard’s sexual preference or sexual orientation certainly wasn’t the motive in the homicide.… If it wasn’t Shepard, they would have found another easy target. What it came down to really is drugs and money and two punks that were out looking for it.” McKinney will tell an ABC News reporter: “I would say it wasn’t a hate crime. All I wanted to do was beat him up and rob him.” He will explain the excessively savage beating he delivered to Shepard as triggered by his methamphetamine abuse. Others disagree. In 1999, Sergeant Rob DeBree, the chief investigator in the case, will scoff at the idea that gay hatred had nothing to do with the crime. “Far from that!” he will say. “They knew damn well he was gay.… It started out as a robbery and burglary, and I sincerely believe the other activity was because he was gay.” Former Laramie police commander Dave O’Malley doesn’t think drug use motivated the attack, either. “I really don’t think [McKinney] was in a methamphetamine-induced rage when this happened,” he will say. “I don’t buy it at all. I feel comfortable in my own heart that they did what they did to Matt because they [had] hatred toward him for being gay.” Shepard’s mother Judy Shepard will agree, saying: “I’m just not buying into that. There were a lot of things going on that night, and hate was one of them, and they murdered my son ultimately. Anything else we find out just doesn’t, just doesn’t change that fact.” McKinney will deny knowing Shepard before the murder, but some townspeople say they saw Shepard and McKinney together in the weeks before the murder, presumably seeing Shepard buying meth from McKinney. [ABC News, 11/26/2004]
'Gay Panic Defense' - McKinney’s legal strategy is to use the so-called “gay panic defense,” where assailants justify their actions by claiming they were driven temporarily insane because of their victim’s homosexuality. McKinney’s lawyer Dion Custis will go even farther, claiming that Shepard made a physical advance towards McKinney. “It started because Matthew Shepard grabbed [McKinney’s] balls,” Custis will tell the jury. “It continued because Aaron McKinney was a chronic meth user.” However, McKinney’s fellow assailant Russell Henderson will later admit that Shepard never made any advances towards either of his killers. Henderson will not testify against McKinney, as is arranged, so Custis is free to make the argument to the jury. [Salon, 11/6/1999] Of Henderson, his landlord says: “I perceived him as a follower. I have a hard time imagining him coming up with anything like this on his own. It seems extremely out of character, but sometimes people make really bad choices.” [New York Times, 10/16/1998]
Search for Justification - Experts say that the details of the incident fit a larger pattern of anti-gay crimes. Karen Franklin, a forensic psychologist, observes: “Once someone is labeled as homosexual, any glance or conversation by that person is perceived as sexual flirtation. Flirtation, in turn, is viewed as a legitimate reason to assault.” Men like McKinney and Henderson justify their violent assaults on gay men, Franklin notes, by using excuses such as “self-defense” from homosexual overtures, ideological opposition to homosexuality, thrill seeking, and peer approval. [New York Times, 10/16/1998]
Presidential Response - President Clinton condemns the killing, saying that “crimes of hate and crimes of violence cannot be tolerated in our country.” Clinton presses Congress to expand the federal hate-crimes law to cover offenses based on disability or sexual orientation. “The public outrage in Laramie and all across America today echoes what we heard at the White House Conference on Hate Crimes last year,” Clinton says. “There is something we can do about this. Congress needs to pass our tough hate crimes legislation. It can do so even before it adjourns, and it should do so.” Governor Jim Geringer (R-WY) demurs when asked if Wyoming should pass similar legislation, saying that he is against giving one group “special rights” over others. [CNN, 10/12/1998] Several gay entertainment figures openly declare the murder to be a hate crime. Actress and comedian Ellen DeGeneres, who hosts Shepard’s memorial service in Washington, DC, tells the gathered mourners that she publicly announced her sexual orientation in part “to keep this type of thing from happening.” Gay singer Melissa Etheridge will write a song, “Scarecrow,” as a tribute to Shepard (the title comes from Shepard’s initially being mistaken for a scarecrow when he was found). [Hall and Hall, 2006, pp. 575]
Entity Tags: Karen Franklin, Dion Custis, Dave O’Malley, Ben Fritzen, Alex Trout, Aaron McKinney, Ellen DeGeneres, Judy Shepard, William Jefferson (“Bill”) Clinton, Melissa Etheridge, Jim Geringer, Rob DeBree, Walt Boulden, Russell Henderson, Kristen Price, Matthew Shepard
Timeline Tags: US Domestic Terrorism
The Reverend Fred Phelps, holding a sign outside Matthew Shepard’s funeral service. [Source: Slate]The funeral for Matthew Shepard, a gay college student brutally murdered by three white supremacists (see October 9, 1998 and After), is held in St. Mark’s Church in Casper, Wyoming. The service is led by the Reverend Anne Kitch. [CNN, 10/13/1998; Louie Crew, 10/14/1998] The Reverend Fred Phelps of the Westboro Baptist Church in Topeka, Kansas, leads a small delegation of church members in a raucous denunciation of homosexuality at Shepard’s funeral. Phelps and his congregation members have picketed the funerals of gay men for years across the country, holding “God Hates Fags” signs and harassing family members. Governor Jim Geringer (R-WY) says he cannot prevent Phelps from attending the funeral, but vows that the protesters will not be allowed to disrupt it. Phelps’s group, Geringer says, is “just flat not welcome. What we don’t need is a bunch of wing nuts coming in.” For his part, Phelps, who claims he has received multiple death threats after announcing his journey to Laramie, says: “We’re not going to tolerate any violence from these homosexuals. They are the most violent people in the world. Here they are talking about what happened to this poor boy, and they turn around and make death threats against us.” Geringer, the Casper City Council, and several groups of gay activists succeeded in passing a regulation that keeps Phelps and his protesters 50 feet away from church property during the funeral. “[I]t was the best we could accomplish without risking an immediate court injunction for violating constitutional free speech,” reads a statement by the local chapter of the Log Cabin Republicans. “Such an injunction might have allowed Phelps to walk right up to the church property line.” [CNN, 10/13/1998; Log Cabin Republicans, 10/16/1998] Phelps and his fellow church members picket the funeral with signs reading, “Matt Shepard Rots in Hell,” “AIDS Kills Fags Dead,” and “God Hates Fags.” [Fact-Index, 2004] Five years later, Phelps will attempt to erect a marker emblazoned with inflammatory statements about Shepard in a local park, to “commemorate” his death (see October 3, 2003).
An impromptu rally on New York City’s Fifth Avenue to mourn and protest the recent murder of a gay college student in Wyoming, Matthew Shepard (see October 9, 1998 and After), ends with at least 96 arrests and several injuries after demonstrators face off with police in riot gear and on horseback. No one is seriously injured during the confrontation, which features several short charges by police officers wielding billy clubs and plunging their horses into the crowd. Rally organizers did not secure a permit to march from the city. Over 4,000 people attend the march, billed as a “political funeral” to protest Shepard’s murder. The rally turns confrontational after police refuse to allow the marchers to take to the street. Organizers and marchers will accuse the police of overreacting, and say that the rally would have remained peaceful had they been allowed to complete their march. “The police refused to negotiate with us,” says organizer Sara Pursley. “The police refused even to talk to us. And by doing so, they created far more havoc in the city than we had ever planned to create.” She calls the police response “cruel and brutal.” Police say that the marchers endangered public safety by walking in the street. Police Commissioner Patrick Kelleher says of the police response: “They had a right to gather. But once they left the sidewalk, they were endangering the motorists, they were endangering the pedestrians. And we were forced to make arrests.” Mayor Rudolph Giuliani, who usually takes a hardline stance against civil disturbances, says he understands the marchers’ feelings. “It’s a very worthy cause,” he says. “I can understand why they are so outraged and upset.” However, Giuliani supports the police response. Organizers later say they were surprised to see how many people joined in the rally. Pursley later says she and the other organizers expected 500 people at best. [New York Times, 10/20/1998; New York Times, 10/21/1998] The New York Times editorial board is highly critical of the police response. Marchers should have secured a permit, the editors say in an op-ed, but the police response was excessive. [New York Times, 10/21/1998]
Florida, already using controversial and error-ridden “purge lists” to remove tens of thousands of minority voters from the voting rolls (see 1998 and After), uses voting machines and voting procedures to disenfranchise eligible voters. The Florida elections system is grossly underfunded, resulting in the use of obsolete and error-prone machines (disproportionately used in counties with large minority populations), and elections officials lacking fundamental training and even information about their jobs. During most of 2000, county supervisors warn Tallahassee that Florida could expect an unprecedented number of voters on November 7, especially among the black voting community. But Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) and Division of Elections chief Clay Roberts, by their own subsequent testimony, fail to address the problem. Roberts tells Leon County Elections Supervisor Ion Sancho, “It’s not that bad.” Thusly on November 7, 2000, many polling places experience massive difficulties. An investigation by the National Association for the Advancement of Colored People (NAACP) turns up thousands of voters who are turned away for a number of reasons, including but not limited to being on the purge lists. Some voters who registered are not listed on the voting rolls—many of whom were registered through NAACP efforts to register voters via the “motor voter” procedures (see May 20, 1993). County supervisors calling Tallahassee with questions and problems routinely find themselves unable to get through. Many precincts lack access to central voter rolls to verify questionable registrations. Some voters who are in line to vote at the 7:00 p.m. closing time are told to leave, even though the law mandates that any voter standing in line to vote can vote even if closing time occurs. Florida law also allows voters whose status is questionable to complete affidavit votes that will be counted later after their eligibility is confirmed, but many election workers know nothing of these procedures, and thusly many voters who are eligible to vote via affidavit are not given that opportunity. Many disabled voters find no procedures in place to allow them access to voting machines. Many precincts lack procedures to assist Spanish-speaking voters, including failing to provide bilingual ballots or bilingual poll workers. (The Voting Rights Act of 1965—see August 6, 1965—mandates that such provisions be made at every polling place without exception.) The Puerto Rican Legal Defense and Education Fund later concludes that several thousand Hispanic voters are disenfranchised because of these failures. Black voters in Leon County complain that the Florida Highway Patrol set up a roadblock that denied them access to their polling place (see 11:30 a.m. November 7, 2000); Highway Patrol authorities later admit the existence of the roadblock, but say that it was a routine vehicle inspection checkpoint.
Punch Card Voting - Florida generally uses two voting systems—the more sophisticated computer “optiscan” system, which features ballots where choices are made by “bubbling in” an oval with a pencil and then feeding into a scanner, and the obsolete “punch card” system, which uses “punch cards” where choices are made by a voter “punching” a hole in a card with a stylus and then feeding the card into a scanner. Counties with large African-American populations are disproportionate in having to use the obsolete punch card machines. In four of these counties—Miami-Dade, Broward, Palm Beach, and Duval—over 100,000 votes are discarded due to problems with punching the holes correctly (see November 9, 2000). This total is more than half the discards in the entire state. Of the 19 precincts in the state with the highest rate of discard, 18 are majority-black. Seventy percent of black Floridian voters are forced to use the punch card machines, a percentage far higher than that of other ethnic groups. The NAACP later sues to force Florida to discard punch card machines entirely. The Florida government’s response to the punch-card disenfranchisement can perhaps be best summed up by a statement made by Republican House Speaker Tom Feeney, who responds to a question about the infamous “butterfly ballot” in Palm Beach County (see November 9, 2000) by saying: “Voter confusion is not a reason for whining or crying or having a revote. It may be a reason to require literacy tests.” Literacy tests, a legacy of the Jim Crow era of massive voter discrimination, are unconstitutional (see 1896 and June 8, 1959). [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).
Entity Tags: County of Palm Beach (Florida), County of Madison (Florida), County of Leon (Florida), County of Duval (Florida), County of Broward (Florida), Clay Roberts, County of Miami-Dade (Florida), Florida Highway Patrol, Ion Sancho, Puerto Rican Legal Defense and Education Fund, Tom Feeney, Linda Howell, Katherine Harris, National Association for the Advancement of Colored People
Timeline Tags: 2000 Elections, Civil Liberties
Members of the Laskar Jihad militia at a public rally. [Source: Associated Press]Beginning in January 1999, violence starts to rage in the Maluku islands (also known as the Spice Islands) in Indonesia. Christian and Muslim villages are intermingled all over the Malukus, and the different religions have largely coexisted peacefully in about equal numbers for hundreds of years. It is not clear who is behind the new violence, but long-time Indonesian dictator Suharto was deposed the year before, overturning the political order. In January 2000, a paramilitary organization called Laskar Jihad is founded on the Indonesian island of Java. [Conboy, 2003, pp. 236] The group grew out of a militia created a couple of years earlier by an Indonesian military general. [Asia Times, 11/7/2002]
Militants Not Stopped from Fighting - Its leader, Jafar Umar Thalib, had fought in Afghanistan in the late 1980s and met Osama bin Laden there. In early April 2000, Thalib meets with Indonesian President Abdurrahman Wahid and warns that his group will get active in the Malukus if Wahid does not do more to help Muslims there. Wahid angrily dismisses him as a dangerous fanatic. In May 2000, 3,000 members recruited in Java depart for the Malukus after weeks of training. Even though they had announced in advance that they were going to the Malukus to fight Christians, the government makes no attempt to stop them. In fact, Wahid had ordered a naval blockade of the Malukus to prevent their arrival but the navy makes no effort to stop them, and they are even sent on government-owned ships. Their arrival in the Malukus greatly increases the violence there. After arriving in the Malukus, they receive considerable support and training from al-Qaeda linked figures (see Late 2000-Mid-2001). [Christian Science Monitor, 11/20/2000; Conboy, 2003, pp. 236; Contemporary Southeast Asia, 4/1/2007]
Indonesian Military Complicity - Lieutenant General Agus Wirahadikusuma, a reformist and ally of Wahid, accuses unnamed hardline officers of creating the group to destabilize Indonesia. The Guardian will later comment, “While his claims were denied, they have since been proven correct.… [The military’s] connivance with radical Islamists appears to be encouraging increased public resentment about the civilian politicians’ inability to maintain law and order and stimulate economic recovery.” Sidney Jones of the International Crisis Group, an international think tank, says, “If you scratch below the surface of any radical Islamic group in Indonesia you will find the hand of the military at work. And with many of them you don’t really have to go beneath the surface.” [Guardian, 10/15/2002] The International Crisis Group, an international think tank, reports in late 2001 that the “conclusion is unavoidable that [Laskar Jihad] received the backing of elements in the military and police. It was obviously military officers who provided them with military training and neither the military nor the police made any serious effort to carry out the president’s order preventing them from going to Maluku. And, once in Maluku, they often obtained standard military arms and on several occasions were openly backed by military personnel and indeed units.” [International Crisis Group, 10/10/2001] The US ambassador to Indonesia, Larry Gelbard, will later complain that the “only time an Army general acted firmly against an indigenous terrorist group, Laskar Jihad, it resulted in his removal from his command, a powerful lesson to others.” [Human Rights Watch, 12/2002]
Indonesian President Unable to Stop the Group - Wahid complains that elements of the armed forces are trying to foment instability to create an authoritarian backlash, but he seems unable to stop the violence. [Christian Science Monitor, 11/20/2000] About 10,000 people are killed and 500,000 are driven from their homes. The violence largely coincides with the time Wahid is president of Indonesia, from 1999 to 2001. Wahid is attempting to rein in the military and reduce its role in politics. There is a surge of violence there just before Wahid is impeached, on July 23, 2001. His successor, Megawati Sukarnoputri, is much less antagonistic towards the military, and the situation in the Malukus calms down considerably. The last major outbreak of violence there takes place in February 2002. UPI will later comment, “While the army as such is usually not present in overwhelming numbers in Ambon, it is quite easy for well-connected politicians and generals in Jakarta to set off violence there if they really want to.” [United Press International, 4/26/2004]
Group Continues to Fight Elsewhere - Laskar Jihad will officially disband one day before the 2002 Bali bombings, but in fact apparently continues to operate in remote regions in Indonesia (see October 11-14, 2002).
A Historical Clarification Commission report concludes that US-supported Guatemalan security forces had been responsible for most of the human rights abuses that occurred during that country’s decade-long civil war, including torture, kidnapping and the murder of thousands of rural Mayans. These findings contradict years of US official denial. The commission estimates over 200,000 Guatemalans were killed in the civil war, the most brutal armed conflict in Latin America history. [Washington Post, 3/11/1999; Commission for the Historical Clarification, 4/2000]
US President Bill Clinton apologizes to Guatemalans for decades of US policy in support of a murderous military that “engaged in violent and widespread repression,” costing the lives of over 200,000 civilians. That policy “was wrong,” the president declares, “and the United States must not repeat that mistake.” [CNN, 3/10/1999; Washington Post, 3/11/1999; BBC, 3/11/1999; Doyle and Osorio, 2000]
The US deports Hani El-Sayegh, a Saudi National who is a suspect in the 1996 Khobar Towers bombing (see June 25, 1996), back to Saudi Arabia. [Grey, 2007, pp. 247] The deportation is approved by a US judge. [Washington Post, 10/29/2000]
History - In 1996, el-Sayegh, who had been living in Iran, moved to Kuwait. He later went to Canada, where he cut a deal with American officials that called for him to plead guilty in an unrelated plot against Americans in Saudi Arabia that was never carried out. In 1997, Canada expelled el-Sayegh for suspected terrorist activity. Attorney General Janet Reno allowed him into the United States solely for prosecution under the pact. But after arriving, he said he had not understood the accord, knew nothing about the Khobar attack, and was out of Saudi Arabia when the bombing occurred. Despite this, the Saudis suspected him of being present at the bombing and his brother was held in connection with it, and allegedly tortured in a Saudi jail. [New York Times, 10/12/1999]
Agreement - The deportation follows an agreement between FBI Director Louis Freeh and Prince Naif, Saudi Arabia’s interior minister. Under the agreement, el-Sayagh is returned to Saudi Arabia, and, according to officials familiar with the arrangement, FBI agents will be allowed to watch his interrogation through a one-way mirror and submit questions to his Saudi inquisitors. Washington Post journalist David Vine will comment, “Such practices are sharply at odds with Freeh’s oft-stated message about the FBI’s need to respect human dignity and the tenets of democracy while fighting crime.” Although FBI officials will say a year later they have not seen any indication that el-Sayegh has been tortured, Vine will add, “But agents say privately that when entering a foreign culture to do police work they do not have control over how prisoners are treated and must tread lightly.” [Washington Post, 10/29/2000]
Khobar Towers Attack Could Have Been Prosecuted in US - The Khobar Towers attacks may have been in Saudi Arabia, but were against US nationals, so suspects can be prosecuted in the US. Tony Karon of Time magazine will express surprise at the deportation: “Run that one by again: The United States doesn’t want to try a man suspected of a bomb attack that killed Americans—and they’re sending him home?!” However, the Justice Department apparently thinks there is not enough evidence to try him in the US, and, according to Time correspondent William Dowell, “Clearly, there’s a lower standard of proof in Saudi courts,” so, “It may be easier for Washington if the Saudis handle the trial—and the execution, which would likely follow.”
Possible Geopolitical Motive - According to Karon, an alternative explanation is that geopolitics may be behind the decision: “Sending el-Sayegh… back to Saudi Arabia could solve another touchy problem for Washington.” This is because President Clinton said the US would retaliate against any government that was involved in the attacks, and an Iranian hand is suspected in the bombing. However, according to Time Middle East bureau chief Scott Macleod: “the attack occurred before the election of President Khatami, who has clearly demonstrated a commitment to end state terrorism and normalize Iran’s relations with the rest of the world. Given Washington’s desire to strengthen his reformist government against its hard-line opponents, the US would be unlikely to take military action against Iran unless there were fresh acts of terrorism.” [Time, 10/5/1999]
Hussein al-Zawahiri, brother of al-Qaeda second in command Ayman al-Zawahiri, is rendered to Egypt. Hussein, an engineer, is captured in Malaysia, although, according to author Stephen Grey, he has “no known involvement with terrorism,” other than his familial link. Nevertheless, the CIA takes him back to Egypt, where he is interrogated for six months. He will be released in 2000, but, according to Grey, “Years later he remained effectively under house arrest, banned from any contact with anyone but his family.” [Grey, 2007, pp. 129, 247]
Richard Butler, the leader of the white supremacist organization Aryan Nations (see Early 1970s), is quoted in the Spokane Statesman-Review as saying: “The white man is now on trial. Hate laws are against him. No hate laws can be applied to a nonwhite. That makes the white man a third-class citizen, in my mind.” [Southern Poverty Law Center, 2010]
William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), asks on the Alliance’s weekly radio broadcast American Dissident Voices (ADV), “Why should I not be able to do what is right and natural and kill those who commit such an abomination?” Pierce is referring to white women who date African-American men (see 1988 and November 26, 2004). In the same broadcast, he says: “We should be going from door to door with a list of names and slaying those who have engineered this assault on our people.… And we know who the engineers are.… They are, first and foremost, the media bosses and the other leaders of the Jews.” [Center for New Community, 8/2002 ]
Yemeni national Abdul Rahman Muhammad Nasir Qasim al-Yaf’i is imprisoned in Egypt after arriving there to accompany his aunt and brother for medical treatment. He is detained for 13 hours at the airport after he admits going to Afghanistan 10 years ago, and his passport is confiscated.
Detained in Egypt - He later returns to the airport for his passport, but is handcuffed, blindfolded, and taken away by the police. He is placed in a tiny cell and told the authorities just want “some general information.” During the interrogation, he is called names and made to stand up and sit down over and over again. He is asked about what he did in Afghanistan, as well as about al-Qaeda-linked attacks over the last four years. The interrogators choke him, insulting his parents, wife, and religion. He is interrogated like this three times a day for four days. Interrogators ask him to work with them, and offer to put his aunt and brother in the “finest hospitals in Cairo.” He refuses, and they tell him he will now be turned over to the US.
Rendered to Jordan - He is returned to the airport, where he boards a waiting plane. According to al-Yaf’i, the plane is “full of military, you could feel the presence of military even if it was a civilian plane.” He is flown to Amman, Jordan, and handed over to the Jordanian authorities, who again torture him. He is handcuffed, blindfolded, and told to write down everything that happened in Egypt. After he finishes, the interrogators keep asking him “do you love Osama bin Laden?” They also beat him and force him to stand in his cell for more than 24 hours without sleep. The next evening, the soles of his feet are beaten with a stick until it breaks. The interrogators continually urge him to confess, although it is unclear what he is supposed to confess to. They also say, “We’re going to kill you and bury you here,” and threaten him with rape multiple times. This continues for four months, during which time his family and tribe have no idea where he is.
Freed through Tribal Pressure - In March 2001, al-Yaf’i is flown to Yemen and handed over to the local authorities there. Upon his return, he is held for two months at the Political Security prison, but is not beaten. When he asks why he is being held, the reply is “American pressure.” Over half a year after initially being taken prisoner, he is released. He will later ascribe this to intervention by elders in his tribe. [International, 4/5/2006]
In London, Lord Justice Laws and Justice Gibbs rule that the US and Britain’s forced removal of some 1,800 people from the Chagos Islands (see July 27, 1971-May 26, 1973) was illegal, thereby granting the islands’ former inhabitants the right to resettle the archipelago. [BBC, 11/3/2000; Guardian, 11/4/2000; Los Angeles Times, 11/4/2000; BBC, 10/31/2002; Church Times, 1/7/2005] The court also awards the Chagossians with the costs of resettling [Guardian, 11/4/2000] but does not order the government to provide them with compensation. [Guardian, 12/13/2000] The judges also find that the two governments deliberately misled the United Nations and their own legislative bodies when they claimed that the displaced population consisted entirely of seasonal contract workers from Mauritius and the Seychelles and had no right to remain there (see April 21, 1969). Additionally, the ruling criticizes the two governments for not seeing to the welfare of the islanders after they were evicted. [Self-Determination News, 1/28/2002] Within hours of the ruling, the British Foreign Office accepts the judgment but says that the islanders will only be permitted to resettle on the islands of Penhos Banhos and Salomon. No one will be permitted to return to Diego Garcia, the largest of the islands, where most of the Chagossians once lived. The US is leasing the island until 2016 (see December 30, 1966) and is operating a very large naval base there (see March 1971). [Guardian, 11/4/2000; Los Angeles Times, 11/4/2000] Commenting on the case, an unnamed US Defense Department official tells the Los Angeles Times: “The United States does have a strategic interest on Diego Garcia. But this is a matter between the British authorities and the individuals who brought the case. We have no comment on the merits of the case.” The official adds that Diego Garcia “has played a primary role in the support of naval and Air Force units operating in the Indian Ocean and the Persian Gulf.” [Los Angeles Times, 11/4/2000]
Ninety-three percent of Florida’s African-American voters cast their votes for Al Gore, the Democratic nominee for president. This is in spite of a number of Gore campaign decisions to keep Gore from appearing with black leaders, and with blacks in campaign photographs, in order to keep him from appearing “too liberal.” (Gore also heeded the advice of his campaign managers and refused to attend the National Baptist Convention for fear of alienating white suburban voters.) Regardless, black voters turn out in record numbers throughout Florida’s primarily African-American counties, such as Leon, Miami-Dade, Duval, and Gadsden. Author Jake Tapper will later write that the votes are as much against George W. Bush, the Republican candidate, and Bush’s brother, Florida Governor Jeb Bush, as they are for Gore. (Many state NAACP officials call Jeb Bush “Jeb Crow.”) However, many of these African-American votes will not be counted (see November 7, 2000), and many eligible black voters are not allowed to cast their votes (see November 7, 2000 and April 24, 2001). [Tapper, 3/2001]
Thousands of African-American voters in Florida are illegally denied their right to vote, as is proven in many instances by subsequent investigations. Adora Obi Nweze, the president of the Florida State Conference of the NAACP, is told by election officials she cannot vote because she has already cast an absentee ballot, even though she has cast no such ballot. Cathy Jackson, a Broward County voter since 1996, was told falsely that she was not on the rolls and could not vote; she sees a white woman cast an “affidavit ballot” and asks if she can do the same, but is denied. Donnise DeSouza of Miami is told, falsely, that she is not on the voting rolls and is moved to the “problem line”; when the polls close, she is sent home without voting. Another voter, Lavonna Lewis, is in line to vote when the polls close. Though the law says that voters already in line can vote even after the polls close, she is sent home. She will later say she saw election officials allow a white male voter to get in line after the polls had closed.
US Representative Fights to Cast Vote - US Representative Corrine Brown (D-FL) is followed into her poll by a television crew. Officials there tell her that her ballot has been sent to Washington and therefore she cannot vote in Florida. Brown spends two and a half hours in the polling place before finally being allowed to vote. Brown later notes that she helped register thousands of African-American college students in the months prior to the election. “We put them on buses,” she will recall, “took them down to the supervisor’s office. Had them register. When it came time to vote, they were not on the rolls!” Many African-American voters like Wallace McDonald of Hillsborough County are denied their vote because they are told, falsely, that they are convicted felons whose right to vote has been stripped. The NAACP offices are inundated with telephone calls all day from voters complaining that their right to vote is being denied.
'Painful, Dehumanizing, Demoralizing' - Donna Brazile, campaign manager for the Gore campaign whose sister was illegally asked for three forms of identification in Seminole County before being allowed to vote, later says: “What happened that day—I can’t even put it in words anymore. It was the most painful, dehumanizing, demoralizing thing I’ve ever experienced in my years of organizing.” Hearings in early 2001 held by the US Commission on Civil Rights will record more than 30 hours of testimony from over 100 witnesses as to a wide array of racially based disenfranchisement. The commission will find that the election probably violated the Voting Rights Act of 1965, but Attorney General John Ashcroft will ignore the report.
Gadsden County - One exemplar of systematic disenfranchisement is seen in Gadsden County, one of Florida’s poorest counties, with 57 percent of its voters African-American. Its elections are supervised by white conservative Denny Hutchinson. Hutchinson refuses to take action to increase registration, put in more polling places, and other actions designed to increase voter turnout. Gadsden County Commissioner Ed Dixon later recalls: “He never advocated for any increased precincts, even though some of our people had to drive 30 miles to get to a poll. In the only county that’s a majority African-American, you want a decreased turnout.” After the votes have been tallied, Hutchinson’s deputy, African-American Shirley Green Knight, notices that over 2,000 ballots (out of 14,727 cast) are not included in the registered count. The reason? Gadsden uses a so-called “optiscan” balloting device, which allows voters to “bubble in” ovals with a pencil; these “bubbles” are scanned and the votes they indicate are tallied. Optiscan ballots are prone to register “overvotes,” essentially when the ballot indicates votes for two separate candidates in the same race. Overvotes are not machine-tallied. The machines have a sorting switch that when set to “on” causes the machine to record overvotes or “undervotes” (no vote recorded) in a separate category for later review and possible inclusion. Knight will learn that Hutchinson had insisted the machines’ switches be set to “off,” which rejects the overvotes without counting them at all. “I have no idea why he would do that,” Knight later says. When she learns of the problem, she asks Hutchinson to run the ballots through again with the sorting switch on, but he refuses. He is later overruled by the Gadsden canvassing board. When the ballots are run through a second time, the results are startlingly different. Gadsden uses a variant of the so-called “caterpillar ballot,” which lists candidates’ names in two columns. George W. Bush, Al Gore, and six other presidential candidates are listed in one column. The second column lists two more candidates, Monica Moorehead and Howard Phillips, and a blank for a “Write-In Candidate.” Hundreds of voters apparently believe that the second column is for an entirely different race, and vote not only for Bush or Gore, but for Moorehead or Phillips. And some voters vote for Gore and, to ensure clarity, write “Gore” in the write-in box. (Some, thoroughly confused by directions telling them to “Vote for ONE” and “Vote for Group,” bubble in all 10 presidential candidates and write “Gore” in the box.) None of these votes are originally counted. More sophisticated optiscan machines would refuse to accept the ballot, prompting the voter to correct the error. But Gadsden uses a cheaper machine that allows the error to go through unbeknownst to the voter. When Gadsden performs its machine recount, Gore will receive 153 additional votes from the erroneous optiscan. These will be included in the state’s final tally. However, over 2,000 of the “overvote” ballots will not be counted. Two-thirds of those ballots have Gore as their selection.
Duval County - Similar problems plague voters in Duval County. Duval, a large Democratic stronghold because of its inclusion of Jacksonville, is 29 percent African-American. Twenty-one thousand votes are thrown out as “overvotes.” Part of the problem is a sample-ballot insert placed in the newspaper by elections supervisor John Stafford, giving erroneous instructions as to how to complete the Duval ballot; any voter who follows these instructions does not have their votes tallied, though corrected instructions are posted in some Duval precincts. In the critical 72-hour period after the votes are complete, Gore campaign staffer Mike Langton will spend hours with Stafford, a white Republican, attempting to address the situation. Stafford lies to Langton and tells him Duval has “only a few” overvotes. It is not until after the deadline to ask for a machine recount has passed that Langton learns of the 21,000 uncounted votes. Nearly half of these are from four heavily African-American precincts that usually vote 90 percent Democratic. In theory, nearly 10,000 votes for Gore from Duval County will go untallied.
'Felons' and 'Purge Lists' - Florida law disenfranchises citizens convicted of many felonies (see June 24, 1974). In this election, thousands of Florida voters, mostly African-American males, lose their vote when they appear at their precinct and are told they cannot vote because they are felons, even though they are not. One is Willie Steen, a military veteran who loses his vote in Hillsborough County. “The poll worker looked at the computer and said that there was something about me being a felon,” Steen later recalls. “I’ve never been arrested before in my life,” he recalls telling the poll worker. The worker refuses to listen, and orders Steen to leave the line. Steen later learns that the felony he supposedly committed was done between 1991 and 1993, when he was stationed in the Persian Gulf. Tampa youth leader Willie Dixon and Tallahasse pastor Willie Whiting are also denied their votes through improper classification as felons, as do thousands of other voters. Investigative journalist Greg Palast later learns that the felon-disenfranchisement is widespread and systematic. He will publish a story exposing the scheme during the Florida recounts—in a London newspaper. No US newspaper will consider it. Palast later says: “Stories of black people losing rights is passe, it’s not discussed, no one cares. A black person accused of being a felon is always guilty.” Palast and other investigators learn that Republican legislators have in recent years upgraded a number of selected crimes from misdemeanors to felonies, apparently in order to “purge” the voting rolls of African-Americans. State Senator Frederica Wilson is one of many who believe the new classifications are “aimed at African-American people.” Black lawmakers have been unsuccessful in attempting to repeal the felon-disenfranchisement laws. After a 1997 election, where some 105 felons were found to have voted and analysis showed that 71 percent of Florida felons were registered Democrats, the Florida state government allocated $4 million to “purge” felons off the voting rolls. The government turned the task over to a private firm, Database Technologies (DBT) of Boca Raton (which later merged with the firm ChoicePoint). When the first purge lists from DBT began appearing in 1998, county elections officials were worried. Ion Sancho, the elections supervisor for Leon County, will recall: “We were sent this purge list in August of 1998. We started sending letters and contacting voters, [saying] that we had evidence that they were potential felons and that they contact us or they were going to be removed from the rolls. Boy, did that cause a firestorm.” One of the “felons” was Sancho’s close friend Rick Johnson, a civil rights attorney. “Very few felons are members of the Florida bar,” Sancho will note. In early 2000, Sancho asked Emmett “Bucky” Mitchell, a lawyer for the Florida Division of Elections, why so many “false positives”—innocent people—were on DBT’s list. Mitchell told Sancho that the problem was DBT’s, not Florida’s, and the firm had been told to handle the problem. Instead, according to ChoicePoint marketing official James Lee, Florida relaxed the criteria for its purge list, and tens of thousands of voters who had names roughly similar to those of actual felons were added to the list. Why? Lee will say, “Because after the first year they weren’t getting enough names.” Willie D. Whiting, a law-abiding pastor, is denied the vote because Willie J. Whiting is a felon. Willie Steen is denied his vote because Willie O’Steen is a convicted felon. Mitchell told a DBT project manager that it was up to elections officials like Sancho to find and correct the misidentifications. The lists even include actual felons whose right to vote had been restored by previous Florida administrations during amnesty programs. The initial database for the purge lists is comprised of people arrested for felonies, not convicted—thusly many citizens never convicted of a crime are now on the purge list. Others are incorrectly listed as felons when they were convicted of misdemeanors. A May 2000 “corrected” list stunned county elections officials. Linda Howell, election supervisor of Madison County, found her own name on the list. Monroe County supervisor Harry Sawyer found his father on the list, along with one of his employees and the husband of another. None of those people were felons. Some counties, such as Broward, Duval, Madison, and Palm Beach chose not to use the lists at all; Sancho meticulously checked his list of 697 names and ended up retaining only 33. Most supervisors use the lists without question. A thousand Bay County voters are denied their vote; 7,000 Miami-Dade voters lose theirs. It is unknown how many of these are actual felons and how many are law-abiding, legitimate voters. A 2001 class-action lawsuit brought by the NAACP and African-American voters will charge DBT and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. It will be settled out of court, with Florida agreeing to provisions that nominally settle the problem (see Late August 2002), but a 2004 article by Vanity Fair will note that by 2004, Florida’s government has implemented none of the corrective procedures mandated by the settlement. Subsequent investigations will show that the “felons” on the various purge lists are disproportionately Democratic voters and disproportionately African-American. [Tapper, 3/2001; Vanity Fair, 10/2004]
2001 Investigation Proves Widespread Disenfranchisement - A 2001 investigation by the progressive newsmagazine The Nation will show a widespread and systematic program of voter disenfranchisement in effect in Florida during the 2000 elections (see April 24, 2001).
Entity Tags: Monica Moorehead, Mike Langton, Linda Howell, National Association for the Advancement of Colored People, Lavonna Lewis, Rick Johnson, Wallace McDonald, US Commission on Civil Rights, Willie Steen, Shirley Green Knight, Willie Dixon, Katherine Harris, Willie D. Whiting, John Stafford, Howard Phillips, James Lee, Donna Brazile, Denny Hutchinson, Donnise DeSouza, Database Technologies, Albert Arnold (“Al”) Gore, Jr., Cathy Jackson, John Ashcroft, ChoicePoint, Ed Dixon, Florida Division of Elections, Ion Sancho, Adora Obi Nweze, Emmett (“Bucky”) Mitchell, Harry Sawyer, George W. Bush, Frederica Wilson, Greg Palast, Corrine Brown
Timeline Tags: 2000 Elections, Civil Liberties
Florida NAACP official Anita Davis begins receiving phone calls from African-American voters in Leon County, which includes the heavily African-American areas in and around Tallahassee, complaining about Highway Patrol roadblocks that are interfering with their attempts to get to their polling places. Davis calls the Highway Patrol office and is told the roadblocks are just routine traffic stops, asking motorists to show their license and insurance identification. However, given Florida’s often-ugly history of racial oppression, Davis wonders about the timing and nature of the roadblocks. “It’s odd for them to be out there on Election Day,” Davis says. “It just doesn’t smell right.” Davis and fellow NAACP officials soon conclude that the Highway Patrol is attempting to interfere with black citizens’ attempts to vote. [Tapper, 3/2001]
Florida NAACP official Anita Davis, already troubled by reports of Highway Patrol roadblocks interfering with black citizens’ attempts to vote in Leon County (see 11:30 a.m. November 7, 2000), receives a telephone call from her grandson Jamarr Lyles, a college student at Florida A&M in Tallahassee, the county seat. Lyles had joined in the NAACP’s effort to register new African-American voters, and like Davis is thrilled at the reports of huge turnouts among black Floridian voters, but tells his grandmother that he is receiving dozens of reports from his friends that they were not allowed to vote: that their names were not on the voting rolls, though they had registered to vote. [Tapper, 3/2001]
After a British court rules that the former inhabitants of the Chagos Islands have a right to return home (see November 3, 2000), the US, which is leasing the archipelago’s largest island, Diego Garcia, says it will not allow the islanders to return to Diego Garcia and will not allow them to use the island’s airstrip. The cost of building an airstrip on one of the other islands would likely cost more than $100 million. Without access to an airfield, it will be difficult, if not impossible, for the islanders to resettle any of the islands. [Guardian, 12/13/2000]
Eric D. Hanson, a former Marine, overt racist, and member of the neo-Nazi National Alliance (see 1970-1974), attends a Ku Klux Klan rally in Skokie, Illinois. He refuses to stand behind police barriers and instead mingles in the crowd wearing a shirt depicting a Star of David with a slash through it. Eyewitnesses see him attack an African-American woman as she walks down Old Orchard Road, but Hanson flees before police can apprehend him. [Nicole Nichols, 2003]
Shaha Ali Riza. [Source: World Bank]With Donald Rumsfeld in as Defense Secretary (see December 28, 2000), Vice President Cheney is moving closer to getting a team in place that will allow him to fulfill his dream of the “unitary executive”—the gathering of power into the executive branch at the expense of the legislative and judicial branches. One key piece to Cheney’s plan is to place neoconservative academic Paul Wolfowitz as the head of the CIA. However, Wolfowitz’s personal life is proving troublesome for Cheney’s plans. Wolfowitz’s marriage is crumbling. His wife of over 30 years, Clare, is threatening to go public with her husband’s infidelities. Wolfowitz is having one affair with a staffer at the School of International Studies, and is openly romancing another woman, Shaha Ali Riza, a secular Muslim neoconservative with close ties to Iraqi oppositions groups, including Ahmed Chalabi’s Iraqi National Congress. Smitten with the idea of a secular Muslim and a secular Jew forming a romantc liaison, Wolfowitz frequently escorts Riza, and not his wife, to neoconservative social events. Many insiders joke about Wolfowitz’s “neoconcubine.” His dalliances, particularly with a Muslim foreign national, raise questions about his ability to obtain the necessary national security clearance he will need to head the CIA. Cheney does not intend to allow questions of security clearances or wronged and vengeful wives to stop him from placing Wolfowitz at the head of the agency, but this time he does not succeed. After Clare Wolfowitz writes a letter to President-elect Bush detailing her husband’s sexual infidelities and possible security vulnerabilities, Wolfowitz is quietly dropped from consideration for the post. Current CIA Director George Tenet, after reassuring Bush that he can work with the new regime, is allowed to keep his position. Author Craig Unger later writes, “If Cheney and the neocons were to have control over the national security apparatus, it would not come from the CIA.” [Unger, 2007, pp. 187-189]
Stanley Lucas, the International Republican Institute’s (IRI) senior program officer for Haiti, tells an audience on Radio Tropicale that there are three ways to get rid of newly elected Haitian president Jean-Bertrand Aristide: call early elections and vote him out, charge him with corruption and let the courts imprison him, or assassinate him. With the blessing and assistance of the Bush administration, the IRI, a subsection of the US government’s National Endowment for Democracy, will step up its campaign to get rid of Aristide. The IRI, using $3 million in US taxpayer funds, will train and fund anti-Aristide candidates, help unite them into a single anti-Aristide bloc, and, according to a former US ambassador to Haiti, work to block all internationally-proposed power-sharing agreements in order to heighten Haiti’s political crisis and encourage a coup against Aristide. The IRI also will help in the Bush administration’s failed attempt to precipitate a coup against Venezuela’s Hugo Chavez (see April 12, 2002). Lucas himself is a charismatic, wealthy Haitian exile with a history of training Haitian insurgents and deep, murky ties to right-wing organizations and politicians in America, particularly longtime Aristide foe Senator Jesse Helms (R-NC) and Bush’s Latin American envoy Otto Reich. [Salon, 7/16/2004]
Televangelist Pat Robertson, the head of the Christian Coalition and a former Republican presidential candidate, says that while he is staunchly opposed to abortion, he believes that China’s one-child policy, which he seems to think includes forcible abortions for families with more than one child, is acceptable. Robertson, who has admitted to having extensive personal business interests in China, says that nation suffers from “tremendous unemployment” and is plagued with “antiquated factories” owned by the government “that will have to be shut down, spawning more loss of jobs.… So, I think that right now they are doing what they have to do. I don’t agree with forced abortion, but I don’t think the United States needs to interfere with what they’re doing internally in this regard.” Robertson adds that the Chinese are “courting a demographic catastrophe” by aborting more girls than boys, and speculates that in 10 or 20 years Chinese men will have to import wives from Indonesia, which “will, in a sense, dilute the—what they consider the racial purity of the Han Chinese.” [Feminist Women's Health Center News, 2010]
According to a Gallup poll, 52 percent of Americans believe the federal government is “so large and powerful that it poses an immediate threat to the rights and freedoms of ordinary citizens.” [Roberts, 2008, pp. 35]
Retired Admiral Dan Murphy, a former deputy director of the CIA, indicates to businessman William Hamilton that there is a connection between the PROMIS database and search program and the Main Core database. Hamilton is a former NSA official who helped develop PROMIS, but is now involved in a series of disputes with the government over money he says it owes his company, Inslaw. Main Core is a database that is said to collect sensitive information, including about US persons. The specific type of connection is not certain and Murphy does not specifically mention Main Core, but says that the NSA’s use of PROMIS involves something “so seriously wrong that money alone cannot cure the problem.” Hamilton will later say, “I believe in retrospect that Murphy was alluding to Main Core.” This is one of three times officials will tell Hamilton about the link (see Spring 1992 and 1995). [Salon, 7/23/2008]
The US denounces Israel’s use of targeted killing against Palestinian terrorists. Martin Indyk, the US ambassador to Israel, says: “The United States government is very clearly on record as against targeted assassinations.… They are extrajudicial killings and we do not support that.” [New Yorker, 10/26/2009] Around the same time, the US military is working on arming the Predator drone to enable remote, targeted assassinations of terrorists like Osama bin Laden (see Early June-September 10, 2001). The US will begin frequently using targeted assassinations shortly after the 9/11 attacks two months later (see September 18-October 7, 2001). In 2009, Gary Solis, former head of the law program at the US Military Academy, will comment, “The things we were complaining about from Israel a few years ago we now embrace.” [New Yorker, 10/26/2009]
Mohammed Haydar Zammar, a member of the al-Qaeda cell in Hamburg, Germany, is detained in Jordan and then let go. According to a German intelligence official speaking in 2002, Zammar is in transit through Jordan. However, the official will not say where Zammar is going, where he is coming from, or why he is held. Zammar is detained for several days and then deported back to Germany. [Washington Post, 6/12/2002] When Zammar is questioned by German intelligence shortly after 9/11 (see Shortly After September 11-October 27, 2001), he will mention his detention in Jordan. He will say that Jordanian officials “asked me about Afghanistan, the people there, my beliefs, contacts in Jordan, and my party membership. By party membership that meant whether I was a follower of Hezbollah, Hamas, [Islamic] Jihad, or Osama bin Laden.” [New York Times, 1/18/2003] Interestingly, in the beginning of July, CIA Director George Tenet made an urgent request to allied intelligence agencies to arrest anyone on a list of known al-Qaeda operatives (see July 3, 2001). In 1999, US intelligence determined that Zammar was in contact with one of Osama bin Laden’s senior operational coordinators, and the US notes Zammar’s terrorist links on numerous occasions before 9/11 (see Summer 1999), so Zammar would be a likely candidate for Tenet’s list. Zammar also was the target of a German intelligence investigation that started in 1996 and lasted at least three years (see 1996).
Children at the Um Al-Qura Islamic School, where both Jaballah and Shehab served as principals. [Source: Um Al-Qura Islamic School]On June 27, 2001, Nabil al-Marabh was arrested while trying to enter the US from Canada. He is already wanted in the US for skipping bail on an attempted murder charge, and US intelligence has linked him to al-Qaeda (see June 27, 2001-July 11, 2001). He is held in Canada. About two weeks after his arrest, there is a court hearing to determine if he should be released. His lawyer argues that he should be released because his uncle, Ahmed Shehab, can keep him in line. The lawyer does not mention that Shehab works at a school headed by Mahmoud Jaballah. Canadian intelligence has been closely monitoring Jaballah since 1996 and has overheard him communicating with many top militant leaders, including al-Qaeda number two Ayman al-Zawahiri (see May 11, 1996-August 2001 and February 1998). Presumably Canadian intelligence is well aware of Jaballah’s job at the school discussed in the hearing, yet this is never mentioned to the judge. Jaballah had been arrested in 1999 for suspected ties to Islamic militants and then released, and his school job had been mentioned in media reports. In August 2001, he will be arrested again, and Shebab will replace him as principal at the school. [Globe and Mail, 11/4/1999; New York Times, 10/14/2001; Toronto Star, 7/17/2004] While in jail, al-Marabh is visited by Hassan Almrei, who had been his roommate earlier in the year (see October 19, 2001). [MacLean's, 12/10/2001] Almrei will also later testify that in 1995 he obtained a false passport for al-Marabh, and that after al-Marabh’s arrest in June 2001, al-Marabh asked him to obtain a second false passport for him. [Canadian Security Intelligence Service, 2/22/2008 ] Canadian authorities were investigating Almrei since at least September 2000, and may have suspected his role in a plot against the Toronto airport by this time (see January 2001-Summer 2001). But authorities either do not notice al-Marabh’s links to Jaballah and/or Almrei or do not care, because he is released on bail on July 11 and immediately disappears.
A screenshot from ‘Stormfront for Kids,’ depicting the site’s logo and two Confederate-era flags. [Source: USA Today]USA Today reports on the participation of Derek Black, the 12-year-old son of Don Black, in his father’s Web activities. The elder Black operates Stormfront, the Internet’s first large-scale Web site promoting racial hatred and white supremacy (see March 1995). Black is proud of his son, telling a reporter that he “[c]ouldn’t ask for anything more.” He keeps a framed photo of Derek dressed in a Confederate soldier’s uniform above his desk in his home office. Derek runs the site’s children’s section, Stormfront for Kids, under his father’s supervision. The children’s pages feature puzzles, games, animated Confederate flags, audio files of white-pride songs, what USA Today calls “an inflammatory article about Martin Luther King Jr.,” and a personal statement from Derek asking visitors to stop sending him hate mail. “I get a lot of people who think I’m just a pawn in this horrible game of lies,” says Derek, who has been home-schooled since third grade by his mother, Chloe. “One person said: ‘Don’t listen to what your father says. Go turn on the Discovery Channel. Find out what the real world is like.’ Why would I turn on the TV to find out what the real world is like?” Stormfront for Kids is emblematic of the white supremacist movement’s outreach to younger potential members. Of the estimated 2,500 “hate” Web sites, 44 have sections designed for children, teens, and parents, according to Mark Weitzman of the Wiesenthal Center’s Task Force Against Hate. Though the number of sites may be small, USA Today reports that child psychologists and others monitoring their activity are alarmed about their reach and influence. “If you have a susceptible child who is angry and depressed, the sites could push a child toward certain behavior,” says psychiatrist Sirgay Sanger, director of New York City’s Early Care Center. “It’s the first step toward throwing a rock.” Weitzman says: “The number of people involved in these movements is not the only important factor. Sometimes when the numbers are low, members think the only way they can get their message across is through an act of domestic terrorism or extreme violence.” The most effective way that Stormfront and other groups such as the National Alliance (see 1970-1974) reach young people is through “skinhead” music, says Jordan Kessler, director of an Internet monitoring unit for the Anti-Defamation League (ADL). “This is a language kids understand—a band of cool-looking young guys blasting out music.” One label, Resistance Records (see Late 1993 and Summer 1999), sold “close to $1 million” in merchandise last year, mostly online, according to Erich Gliebe, the leader of the National Alliance and the CEO of Resistance Records. That label sells items such as Nazi parade flags and a CD titled “War Songs of the 3rd Reich, Vol. 3.” Black says, “People say, ‘You’re teaching your son Satan.’” But, he says, “I think anyone who is critical of me for instilling in my son my world view has lost track of how a society should function.” [USA Today, 7/16/2001]
Entity Tags: Mark Weitzman, Don Black, Derek Black, Chloe Black, Erich Josef Gliebe, National Alliance, Jordan Kessler, Stormfront (.org), Sirgay Sanger, Resistance Records, USA Today, Stormfront for Kids
Timeline Tags: US Domestic Terrorism
The Macedonian government and Macedonian Albanian political leaders, along with EU envoy Francois Leotard and American envoy James Pardew, conduct talks for weeks in Ohrid and come to an agreement on August 8. The Framework Agreement is signed at a tense ceremony in Skopje on August 13. Under the agreement, Macedonia’s constitution will be changed to call it a state of “Macedonian citizens,” not the “Macedonian nation”; Albanian will become an official language where 20 percent or more of the people are speakers; limits are taken off national symbols and religion; and Albanians and other groups are given a veto over legislation about “culture, use of language, education, personal documentation, and use of symbols,” and can call for elected commissions to monitor human rights. The parties agree to reform the Macedonian police force to reflect Macedonia’s ethnic makeup by 2004 (only six percent of the force is Albanian at this time), the Law on Local Self-Government and Local Finance is amended to increase local autonomy, local boundaries are to be moved to reflect ethnic composition after an upcoming census, and the Laws on the Civil Service and Public Administration are changed so ethnic groups will have equal representation.
The Peace Deal between NATO and the NLA - NATO representative Pieter Feith and Ali Ahmeti, leader of the National Liberation Army, negotiate a separate peace settlement. On August 14 the NLA will say it supports the Framework Agreement and signs a technical agreement with NATO. NATO will disarm the NLA and the guerillas will receive amnesty. About 3,500 NATO soldiers will enter Macedonia, beginning on August 12 with the entry of British and French units.
Results of the Agreements - There are Macedonian and Albanian groups that oppose the Framework Agreement, including the Albanian National Army, a militant group about as old as the NLA, and the Real NLA. Some accuse NATO or the USA of being behind the NLA and ANA. Political changes will be made in Macedonia, but the Framework Agreement will not be implemented fully. By September 27, the NLA will dissolve. Six months of civil war kill 150 to 250 people (including 95 Macedonian police and soldiers), wound 650 or more, and displace 140,000 people. At its peak, the NLA controls about 20 percent of Macedonia. [Kola, 2003, pp. 379-382; Phillips, 2004, pp. 134-136, 161, 204]
Entity Tags: James Pardew, Albanian National Army, Francois Leotard, Ali Ahmeti, Macedonia, European Union, National Liberation Army, Pieter Feith, Real NLA, United States of America, North Atlantic Treaty Organization
Timeline Tags: Kosovar Albanian Struggle
Binyam Mohamed, a young Ethiopian with British citizenry, is in Afghanistan after the 9/11 attacks. He later tells a journalist that he wants nothing more than to leave for London before the West can retaliate against al-Qaeda and the Taliban (see May-September, 2001). But Mohamed is unable to leave before the US-led coalition launches its attacks in November. According to Mohamed, he is caught among the tide of refugees, and in early 2002 makes his way across the Afghan-Pakistan border and into the city of Karachi. On April 3, he books a flight to London, but officials turn him away, saying his passport looks wrong (Mohamed entered the region using a friend’s passport). On April 9, he tries again to book a flight with the same passport, and is detained by Pakistani authorities. This is the beginning of almost seven years of incarceration, interrogation, and torture (see February 24, 2009). [Daily Mail, 3/8/2009] Apparently some of the details of Mohamed’s recollections will differ from the recounting of his story as later told by his lawyer, Clive Stafford Smith.
According to a 2007 book by former CIA Director George Tenet, shortly before 9/11, the CIA learns that a Pakistani charity front has been helping al-Qaeda acquire weapons of mass destruction. The charity, Ummah Tameer-e-Nau (UTN), was founded in 2000 by two prominent nuclear scientists, Sultan Bashiruddin Mahmood and Chaudiri Abdul Majeed (see 2000). UTN allegedly is conducting charitable projects in Afghanistan, but a friendly intelligence service tells the CIA that UTN is really helping al-Qaeda build weapons, especially nuclear weapons. Tenet will claim that he presses “all of our contacts worldwide to find out anything we could about the people and organizations with WMD that might be wiling to share expertise with al-Qaeda and other terrorist groups.” Ben Bonk, deputy chief of the CIA’s Counterterrorist Center (CTC), meets with Musa Kusa, head of Libya’s intelligence service, and Kusa tells him that Libya had contact with UTN. “Yes, they tried to sell us a nuclear weapon. Of course, we turned them down.” According to Tenet, this confirms other information from a different intelligence agency that UTN approached Libya with an offer to provide WMD expertise. The CIA then informs the Pakistani government of this, and Pakistan brings in seven board members of UTN for questioning. But according to Tenet, “The investigation was ill-fated from the get-go” and the UTN officials “were not properly isolated and questioned.” [Tenet, 2007, pp. 262-263] Also shortly before 9/11, the CIA also learns that the two nuclear scientists who founded UTN had recently met with Osama bin Laden and advised him on how to make a nuclear weapon (see Shortly Before September 11, 2001). But despite all this the US takes no other action against UTN before 9/11, not even freezing the assets of the charity until December 2001 (see Early October-December 2001).
According to a former senior Justice Department official, a high-level former national security official working as a senior intelligence analyst for a large domestic law enforcement agency inside the White House accidentally walks into a restricted room, where he finds a computer system logged on to what he recognizes to be the Main Core database. Main Core contains a list of potential enemies of the state for use by the Continuity of Government program (see 1980s or Before). He will refuse to be interviewed about the matter, but will tell the senior Justice Department official about it. The Justice Department official will add that when she mentions the specific name of the top-secret system during a conversation, he turns “white as a sheet.” [Salon, 7/23/2008]
After the 9/11 attacks, the Bush administration seizes the new opportunities to expand the power of the presidency that present themselves as part of the government’s response to the attacks (see (After 10:00 a.m.) September 11, 2001). The Bush-Cheney legal team, largely driven by Vice President Dick Cheney and his staff (see January 21, 2001), aggressively pushes for new opportunities to expand executive branch authorities.
'Bravado,' 'Close-Minded Group of Like-Minded People' - A senior White House official later tells author and reporter Charlie Savage of the “pervasive post-9/11 sense of masculine bravado and one-upmanship when it came to executive power.” In Savage’s words, and quoting the official, “a ‘closed group of like-minded people’ were almost in competition with one another, he said, to see who could offer the farthest-reaching claims of what a president could do. In contrast, those government lawyers who were perceived as less passionate about presidential power were derided as ‘soft’ and were often simply cut out of the process” (see also September 25, 2001).
Suspicion of Oversight - “The lawyers for the administration felt a tremendous amount of time pressure, and there was a lot of secrecy,” the official will say. “These things were being done in small groups. There was a great deal of suspicion of the people who normally act as a check inside the executive branch, such as the State Department, which had the reputation of being less aggressive on executive power. This process of faster, smaller groups fed on itself and built a dynamic of trying to show who was tougher on executive power.”
Addington and Yoo: Outsized Influence - While nominally the leaders of the White House legal team are Attorney General John Ashcroft and White House counsel Alberto Gonzales, neither has as much influence as lawyers and staffers ostensibly of lower rank than themselves. Ashcroft is a vociferous supporter of the administration’s anti-terrorism policies, but is not a member of Bush’s inner circle and sometimes disagrees with the White House’s legal moves. Neither Ashcroft nor Gonzales have prior experience dealing with the legal issues surrounding executive power and national security. Two of the driving forces behind the White House’s push for more presidential power are Cheney’s chief counsel, David Addington, and an obscure deputy in the Office of Legal Counsel (OLC), John Yoo. Because of a dispute between Ashcroft and the Bush inner circle over who should lead the OLC, there is no official chief of the OLC until November 2002, leaving Yoo and his fellows free to be as aggressive as they like on expanding presidential power and handling the war on terrorism. When the OLC chief, law professor Jay Bybee, finally arrives, he, like Ashcroft and Gonzales, finds himself hampered by his lack of knowledge of the law as it pertains to national security. Savage will later write, “When he finally started work, Bybee let deputies continue to spearhead the review of matters related to the war on terrorism.” Yoo is only a deputy assistant attorney general, but he has “signing power”—the ability to make his opinion legally binding—and is rarely reviewed by his peers because much of his work is classified. [Savage, 2007, pp. 76-78] As for Addington, Lawrence Wilkerson, the chief of staff for Secretary of State Colin Powell, will later say that he was the leader of the small but highly influential group of lawyers “who had these incredible theories and would stand behind their principles [Cheney, Bush, and others], whispering in their ears about these theories, telling them they have these powers, that the Constitution backs these powers, that these powers are ‘inherent’ and blessed by God and if they are not exercised, the nation will fall. He’d never crack a smile. His intensity and emotions and passion for these theories are extraordinary.” [Savage, 2007, pp. 84]
After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]
From left to right: Dick Cheney, Prince Bandar, Condoleezza Rice, and George W. Bush, on the Truman Balcony of the White House on September 13, 2001. [Source: White House]President Bush and Prince Bandar, the Saudi ambassador to the US, hold a private meeting at the White House. Vice President Cheney, National Security Adviser Rice, and Bandar’s aide Rihab Massoud also attend. [Woodward, 2006, pp. 80] Bandar is so close to the Bush family that he is nicknamed “Bandar Bush.” Senator Bob Graham (D-FL) later will note that while little is known about what is discussed in the meeting, mere hours later, the first flights transporting Saudi royals and members of the bin Laden family are in the air (see September 13, 2001). Over the next week, they will be taken to several gathering points, and then flown back to Saudi Arabia, apparently without first being properly interviewed by the FBI (see September 14-19, 2001). Graham will say, “Richard Clarke, then the White House’s counterterrorism tsar, told me that he was approached by someone in the White House seeking approval for the departures. He did not remember who made the request… The remaining question is where in the White House the request originated, and how.” Graham will imply that, ultimately, the request originated from this meeting between Bush and Bandar. [Graham and Nussbaum, 2004, pp. 105-107] Others also will later suggest that it was Bandar who pushed for and helped arrange the flights. [Vanity Fair, 10/2003; Fifth Estate, 10/29/2003 ] Bob Woodward will mention in a 2006 book that during the meeting, Bush tells Bandar, “If we [capture] somebody and we can’t get them to cooperate, we’ll hand them over to you.” Woodward will later comment, “With these words, the president casually expressed what became the US government’s rendition policy-the shifting of terrorist suspects from country to country for interrogation.… Though the Saudis denied it, the CIA believe the Saudis tortured terrorist suspects to make them talk.” [Woodward, 2006, pp. 80]
Shortly after the 9/11 attacks, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz create a secretive, ad hoc intelligence bureau within the Pentagon that they mockingly dub
“The Cabal.” This small but influential group of neoconservatives is tasked with driving US foreign policy and intelligence reporting towards the goal of promoting the invasion of Iraq. To this end, the group—which later is folded into the slightly more official Office of Special Plans (OSP) (see 2002-2003)—gathers and interprets raw intelligence data for itself, refusing the participation of the experts in the CIA and DIA, and reporting, massaging, manipulating, and sometimes falsifying that information to suit their ends. [New Yorker, 5/12/2003] In October 2005, Larry Wilkerson, Secretary of State Colin Powell’s chief of staff, will say of the Cabal and the OSP (see October 2005), “What I saw was a cabal between the vice president of the United States, Richard Cheney, and the secretary of defense, Donald Rumsfeld, on critical issues that made decisions that the bureaucracy did not know were being made. Now it is paying the consequences of making those decisions in secret, but far more telling to me is America is paying the consequences.” [Financial Times, 10/20/2005]
Entity Tags: Thomas Franks, Paul Wolfowitz, Office of Special Plans, “The Cabal”, Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, Douglas Feith, Lawrence Wilkerson, Defense Intelligence Agency, Donald Rumsfeld
Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, Domestic Propaganda
One of the main questions on the minds of government lawyers is how to criminally prosecute captured members of al-Qaeda and the Taliban. A few days after 9/11, William P. Barr, a former attorney general, suggests to Timothy E. Flanigan, deputy White House counsel, to use so-called military commissions. Barr first thought of using such military commissions to try the suspects of the bombing of Pan Am Flight 103 over Lockerbie, Scotland, but this was rejected at the time. “I thought it was a great idea,” Flanigan says. [New York Times, 10/24/2004]
Franklin Miller. [Source: PBS]President Bush is briefed at the Pentagon on upcoming special operations in Afghanistan. National Security Council staffer Franklin Miller reviews a classified slide presentation that an unnamed two-star general is going to give Bush in a few minutes. One slide in the presentation is labeled, “Thinking Outside the Box—Poisoning Food Supply.” Miller shows this to National Security Adviser Condoleezza Rice and points out that the US is legally prohibited from committing chemical or biological attacks. Rice talks to Defense Secretary Donald Rumsfeld, and the two of them agree to take the slide out of the presentation before Bush sees it. [Woodward, 2002, pp. 86-87]
Tarek Dergoul, a British national of Pakistani descent and a former London care worker, travels to Afghanistan with two Pakistani friends shortly after 9/11. They intend to invest in housing, so he claims, which they think will become scarce as soon as the impending US attacks cause refugees. “The plan,” according to Dergoul, “was to buy some property away from where the bombing was. We thought we could buy it very cheap; then sell it at a profit after the war.” [Observer, 5/16/2004]
In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).
Michael Creppy, the chief US immigration judge—actually an executive branch official in the Justice Department, the title of “judge” notwithstanding—orders that all deportation hearings be closed to the public, the press, and even family members. Creppy also prohibits immigration court administrators from listing the detainees’ names or cases on public dockets. The reason is not because there is reason to believe any particular detainee is a suspected terrorist. Instead, the administration asserts, national security demands blanket secrecy because terrorist cells might read about the deportation hearings in the press, piece together bits and pieces of information, and in doing so deduce valuable information about the government’s investigation into the 9/11 attacks and terrorism in general. In 2007, author Charlie Savage will write: “Thus, the public would just have to trust that the government had arrested and deported the right people, even though their names were kept a secret and the decision to expel them from the country was made behind closed doors. By invoking the chance that the enemy might detect a pattern in otherwise harmless information, the government would be justified in withholding everything. The implication of its theory was that the public had no right to know anything, no matter how innocuous, because any tidbit of trivial information could potentially be stitched together with other minor bits of information to conceivably provide some useful insight for terrorists.” In separate proceedings, the Detroit Free Press and several New Jersey media organizations will challenge the Justice Department’s decision in court (see August 26, 2002 and October 2, 2002). [Savage, 2007, pp. 94]
Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals
(see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]
Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington
Timeline Tags: Torture of US Captives, Civil Liberties
A Yemeni name Jamal Mohamed Alawi Mar’i is arrested in Karachi, Pakistan, on September 23, 2001. He is accused of working for the Wafa Humanitarian Organization, which the US will officially ban the next day (see September 24, 2001). He is handed over to US officials, who fly him to Jordan by the end of the month. He is held there for four months and then transferred to the Guantanamo prison. He is possibly the first post-9/11 US rendition. [Grey, 2007, pp. 280]
John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 ; American Civil Liberties Union [PDF], 1/28/2009 ; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]
Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney
Timeline Tags: Civil Liberties
According to several press reports, the CIA has set up a secret detention and interrogation center (see October 2001-2004) at Bagram Air Base in Afghanistan where US intelligence officers are using aggressive techniques on detainees. The captives—imprisoned in metal shipping containers—are reportedly subjected to a variety of “stress and duress” interrogation tactics. [Washington Post, 12/26/2002; New York Times, 3/9/2003] The detention facility at Bagram is a rusting hulk originally built by the Soviet Army as an aircraft machine shop around 1979, and later described by the New York Times as “a long, squat, concrete block with rusted metal sheets where the windows had once been.” It is retrofitted with five large wire pens and a half-dozen plywood isolation cells, and is dubbed the Bagram Collection Point, or BCP, a processing center for prisoners captured in Afghanistan and elsewhere. The facility typically holds between 40 to 80 prisoners before they are interrogated and screened for possible transfer to Guantanamo. [New York Times, 5/20/2005] Detainees are often forced to stand or kneel for hours, wear black hoods or spray-painted goggles for long periods of time, and stand or sit in awkward and painful positions. They are also reportedly thrown into walls, kicked, punched, deprived of sleep, and subjected to flashing lights and loud noises. [Washington Post, 12/26/2002; New York Times, 3/9/2003; Amnesty International, 8/19/2003] Some detainees tell of being “chained to the ceiling, their feet shackled, [and being] unable to move for hours at a time, day and night” (see December 5-9, 2002). [New York Times, 3/4/2003; New York Times, 9/17/2004] Psychological interrogation methods such as “feigned friendship, respect, [and] cultural sensitivity” are reported to be in use as well. For instance, female officers are said to sometimes conduct the interrogations, a technique described as being “a psychologically jarring experience for men reared in a conservative Muslim culture where women are never in control.” [Washington Post, 12/26/2002] Human rights monitors are not permitted to visit the facility. [Washington Post, 12/26/2002; Agence France-Presse, 12/29/2002] The US claims that the interrogation techniques used at Bagram do not violate international laws. “Our interrogation techniques are adapted,” Gen. Daniel McNeil claims in early March 2003. “They are in accordance with what is generally accepted as interrogation techniques, and if incidental to the due course of this investigation, we find things that need to be changed, we will certainly change them.” [Guardian, 3/7/2003]
The United States government creates a multi-layered international system of detention centers and prison camps where suspected terrorists, enemy combatants, and prisoners of war are detained and interrogated. [Washington Post, 5/11/2004, pp. A01] The Washington Post reports in May 2004: “The largely hidden array includes three systems that only rarely overlap: the Pentagon-run network of prisons, jails, and holding facilities in Iraq, Afghanistan, Guantanamo, and elsewhere; small and secret CIA-run facilities where top al-Qaeda and other figures are kept; and interrogation rooms of foreign intelligence services—some with documented records of torture—to which the US government delivers or ‘renders’ mid- or low-level terrorism suspects for questioning…. The detainees have no conventional legal rights: no access to a lawyer; no chance for an impartial hearing; and… no apparent guarantee of humane treatment accorded prisoners of war under the Geneva Conventions or civilians in US jails.” [Washington Post, 5/11/2004, pp. A01] One administration official tells the New York Times that some high-level detainees may be held indefinitely. [New York Times, 5/13/2004] Secrecy permeates the system. For example, renditions are done covertly and the locations of the secret CIA-run interrogation centers are considered “so sensitive that even the four leaders of the House and Senate intelligence committees, who are briefed on all covert operations, do not know them.” [Washington Post, 5/11/2004, pp. A01] In May 2004, it is estimated that there are 10,000 prisoners being held in US facilities around the world. They come from a number of countries including Jordan, Lebanon, Libya, Malaysia, Oman, Saudi Arabia, Somalia, Sudan, Syria, Sweden, Tunisia, Turkey, Ukraine, Britain, the Palestinian territories, and Yemen. [Independent, 5/15/2004]
The Justice Department’s John Yoo, an official in the Office of Legal Counsel (OLC), issues a secret opinion regarding legal statutes governing the use of certain interrogation techniques. The opinion will not be made public; its existence will not be revealed until October 18, 2007, when future OLC head Steven Bradbury will note its existence as part of an American Civil Liberties Union (ACLU) lawsuit. [American Civil Liberties Union [PDF], 1/28/2009 ]
As early as October 2001, according to the Guardian, the Pentagon, too, contemplates the use of aggressive methods of interrogation. Soon after the start of the war in Afghanistan, lawyers at the Defense Department are requested to explore the legal room for action in this regard. “There was a kind of sub rosa [secret] thought process during at least the first few months of the prosecution of the war on terror,” says a former Pentagon official. Lawyers begin discussing what methods could be declared allowable for extracting information. “It did not include electric probes in the genitals,” the official says. “But there were certainly a range of psychological measures.” [Guardian, 6/23/2004]
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