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According to an FBI official interviewed by author James Bamford, a CIA officer lies to the 9/11 Congressional Inquiry about the sharing of information concerning 9/11 hijacker Khalid Almihdhar. The FBI official will say that the CIA officer, from the Directorate of Intelligence, originally claims she physically brought information about Almihdhar to FBI headquarters in Washington. However, the FBI then checks the visitors logs and finds that she was not in the building at the time in question. According to the FBI official, “Then she said she gave it to somebody else, she said, ‘I may have faxed it down—I don’t remember.’” The CIA officer’s name and the information said to have been communicated to FBI headquarters in this instance are not known. [Bamford, 2004, pp. 224-5]
National Security Adviser Condoleezza Rice learns that Department of Energy scientists disagree (see August 17, 2001) with the CIA’s assessment (see July 2001-2003) that a shipment of aluminum tubes intercepted on their way to Iraq (see July 2001) were to be used in a uranium enrichment program. She is informed that they believe “the tubes were probably intended for small artillery rockets.” [New York Times, 10/3/2004]
In Paris, Defense Department officials (including either Harold Rhode or Larry Franklin) meet with Iranian officials and Manucher Ghorbanifar, an Iranian arms trader who had been a central figure in the Iran-Contra affair. The meeting reportedly resulted from “an unplanned, unscheduled encounter” that took place without White House approval. An earlier meeting involving several of the same figures had taken place seven months earlier (See December 9, 2001). [Washington Post, 8/9/2003; New York Times, 12/7/2003] When Secretary of State Colin Powell learns of the meeting, he complains directly to Condoleezza Rice and the office of Defense Secretary Donald Rumsfeld. [Newsday, 8/9/2003; Washington Post, 8/9/2003]
Italian authorities monitoring a cell of Islamist extremists based in Milan, Italy, overhear one of the radicals plotting to create a new trans-European network. The surveillance target, Hassan Mustafa Osama Nasr, who previously informed for the CIA in Albania (see August 27, 1995 and Shortly After), tells an unidentified man that they will use the network to “eliminate the enemies of God.” News of the network, which is to be based in Britain, causes the Italians to place Nasr under round the clock surveillance. [Vidino, 2006, pp. 236-41] Nasr will subsequently be kidnapped by the CIA (see Noon February 17, 2003).
In Paris, an unnamed Pentagon official (either Harold Rhode or Larry Franklin) meets with Manucher Ghorbanifar (Ghorbanifar says he did not attend this meeting [Washington Monthly, 9/2004] ), an Iranian arms trader who had been a central figure in the Iran-Contra affair. [Washington Post, 8/9/2003; New York Times, 12/7/2003] Though an unnamed senior Defense official claims the meeting resulted from “an unplanned, unscheduled encounter,” [Washington Post, 8/9/2003] Ghorbanifar later tells the Washington Monthly that “he arranged that meeting after a flurry of faxes between himself and [Defense Department] official Harold Rhode.” According to Ghorbanifar, an Egyptian and an Iraqi are present at the meeting and brief the Pentagon official about the general situation in Iraq and the Middle East, and what would happen in Iraq if the US were to invade. [Washington Monthly, 9/2004] But other reports will suggest that Ledeen and Ghorbanifar may have discussed US collaboration with the Mujahedeen-e Khalq, a US-designated terrorist group, as a means to destabilize the Iranian regime. [Boston Globe, 8/31/2004] The meeting, which took place without White House approval, was preceded by a similar meeting involving Pentagon officials and Ghorbanifar that took place seven months earlier (see December 9, 2001). [Washington Post, 8/9/2003] When Secretary of State Colin Powell learns of the meeting, he complains directly to Condoleezza Rice and the office of Defense Secretary Donald Rumsfeld. [Newsday, 8/9/2003; Washington Post, 8/9/2003]
In June 2002, US military officers in Bagram, Afghanistan, tell Pakistani journalist Ahmed Rashid that up to 3,500 al-Qaeda-linked militants are hiding out in the Pakistani tribal area of South Waziristan (see December 2001-Spring 2002). They say they cannot understand why the Pakistani ISI is turning a blind eye to them. Some Pakistani army units moved into the area in May, but they only patrol the administrative capitol of Wana. At the time, Pakistani President Pervez Musharraf is claiming he has no troops to spare for the tribal region due to tensions with India. [Rashid, 2008, pp. 268] Pakistan will not allow US troops to enter the tribal regions (see Early 2002 and After).
Scientists working with the FBI’s anthrax attacks investigation determine that the anthrax used in the attacks was relatively new. A series of nuclear weapons tests in the US in the 1950s left traces of carbon-14. Every year, the quantity of carbon-14 diminishes at a predictable rate. So, by “calculating the ratio of carbon-14 to the normal kind in residue of plants eaten by the cow from which the [anthrax] was made,” investigators learn that the anthrax had been grown within the last two years. The anthrax is no more than two years older than when it was sent, which would mean the anthrax cannot be older than roughly September 1999. [New York Times, 6/23/2002; New York Times, 8/5/2008]
An aerial photo of the Khurmal training camp, actually in the nearby village of Sargat. This image was shown during Colin Powell’s presentation to the UN on February 5, 2003. [Source: Public domain, via National Security Archive]US intelligence determines that Islamist militant leader Abu Musab al-Zarqawi has recently moved to a part of northern Iraq controlled by Kurdish rebels, and his militant group has set up a chemical weapons lab there. The lab, located near the town of Khurmal, allegedly produces ricin and cyanide. [MSNBC, 3/2/2004] By early 2002, al-Zarqawi had been identified as a significant terrorist target, based on intelligence that he ran an important training camp in Afghanistan (see Early 2000-December 2001) and had already unsuccessfully attempted plots against Israeli and European targets. CIA intelligence indicates al-Zarqawi is in the camp, along with many al-Qaeda fighters who had recently fled from US air strikes in Afghanistan. Additionally, there are preparations and training in the camp for new attacks on Western interests. [Wall Street Journal, 10/25/2004] The US military draws up plans to attack the site with cruise missiles, and the plans are sent to the White House. However, NBC News will later report that, “according to US government sources, the plan was debated to death in the National Security Council.” [MSNBC, 3/2/2004] Officials involved in the planning expect a swift decision, but are surprised when weeks go by without any response from the White House. Finally, information is somehow leaked to the media in Turkey that the US is considering targeting the camp, and intelligence shows that al-Zarqawi and his group flee the camp soon thereafter. [Wall Street Journal, 10/25/2004]
A top secret CIA analysis of North Korea’s nuclear program for President George Bush states that the North Koreans are enriching uranium in “significant quantities.” It also states that this is due to assistance from Pakistan, which has sold North Korea centrifuges and data on how to build and test a uranium-fueled nuclear weapon. The CIA also says that despite assurances from Pakistan and restrictions placed on travel by scientists, including A. Q. Khan, Pakistan is still sending teams to North Korea, where they are helping with a series of cold tests using super computers and advising on how to procure equipment for nuclear programs without being detected by US satellites and global intelligence agencies. [Levy and Scott-Clark, 2007, pp. 336]
Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]
In May 2002, the CIA began using new torture techniques on captured al-Qaeda leader Abu Zubaida (see Mid-May 2002 and After), and by June senior CIA officials prepare a preliminary report to determine whether Zubaida’s confessions are accurate or not. According to author Gerald Posner, they “found nothing that could definitively prove Zubaida a liar. And they had uncovered some minor corroborating evidence about the times and places of the meetings he had mentioned, which meant he could be telling the truth.” [Posner, 2003, pp. 192] Vanity Fair will later comment that the “CIA would go on to claim credit for breaking Zubaida, and celebrate [James] Mitchell”—the psychologist who devised the torture techniques used on Zubaida by the CIA (see Late 2001-Mid-March 2002, January 2002 and After, and Mid-April 2002)—“as a psychological wizard who held the key to getting hardened terrorists to talk. Word soon spread that Mitchell and [his business partner Bruce] Jessen had been awarded a medal by the CIA for their advanced interrogation techniques. While the claim is impossible to confirm, what matters is that others believed it. The reputed success of the tactics was ‘absolutely in the ether,’ says one Pentagon civilian who worked on detainee policy.” [Vanity Fair, 7/17/2007]
Much Intelligence Comes from His Possessions and FBI Interrogations - However, the reliability of Zubaida’s confessions remains controversial years later, and several factors complicate accessing their impact. For one, it appears that some of his most important confessions took place a month earlier when the FBI was interrogating him using rapport building instead of torture (see Late March through Early June, 2002). What the New York Times calls his two most notable confessions—that Khalid Shaikh Mohammed was the 9/11 mastermind and giving up the name of Jose Padilla, a militant living in the US—appear to come from this earlier period, although some accounts conflict. [New York Times, 6/27/2004; Suskind, 2006, pp. 116-117; New York Times, 9/10/2006; Vanity Fair, 7/17/2007] Furthermore, it is often not clear what was obtained from Zubaida’s confessions and what was obtained from his possessions. Journalist Ron Suskind will later write: “The phone numbers, computers, CDs, and e-mail address seized at Zubaida’s apartment now—a month after his capture—began to show a yield.… These higher-quality inputs were entered into big Cray supercomputers at NSA; many then formed the roots of a surveillance tree—truck to branches to limbs and buds.” [Suskind, 2006, pp. 116-117] So while it is said that information from Zubaida helped lead to the capture of al-Qaeda figures such as Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Omar al-Faruq, and Ahmed Muhammad al-Darbi, it is unclear where this information came from exactly. [Washington Post, 6/27/2004] Additionally, it is not even clear if he provided such leads. For instance, it has been reported that the main break that led to bin al-Shibh’s capture had nothing to do with Zubaida (see June 14, 2002 and Shortly After). [Salon, 9/7/2006]
Zubaida Describes Vague and Unverifiable Plots - By most accounts, Zubaida’s confessions under torture around this time are frustratingly vague. He describes many planned attacks, such as al-Qaeda attacks on US shopping malls, banks, supermarkets, water systems, nuclear plants, apartment buildings, the Brooklyn Bridge, the Statue of Liberty, and more. Red alerts are sounded and thousands of law enforcement personnel are activated each time, but the warnings are too vague to lead to any arrests. Suskind will later comment that Zubaida’s information was “maybe nonsense, maybe not. There was almost no way to tell.” [Suskind, 2006, pp. 115-116, 121] But Suskind will later say more definitively: “[Zubaida] said, as people will, anything to make the pain stop. And we essentially followed every word and various uniformed public servants of the United States went running all over the country to various places that Zubaydah said were targets, and were not. Ultimately, we tortured an insane man and ran screaming at every word he uttered.” [Salon, 9/7/2006] Posner claims that Zubaida provided “false information intended to misdirect his captors.” For instance, “He caused the New York police to deploy massive manpower to guard the Brooklyn Bridge at the end of May , after he told his interrogators that al-Qaeda had a plan to destroy ‘the bridge in the Godzilla movie.’” [Posner, 2003, pp. 191]
Link between Iraq, al-Qaeda - Perhaps the most important claims Zubaida makes, at least from the viewpoint of Bush administration officials, are his allegations of an operational relationship between Iraq and al-Qaeda. Some of Zubaida’s claims will later be leaked by administration officials, particularly his assertion that Osama bin Laden’s ally Abu Musab al-Zarqawi was working directly with Saddam Hussein to destabilize the autonomous Kurdish regime in northern Iraq (see December 2001-Mid-2002, October 2, 2002, and January 28, 2003). A former Pentagon analyst will later say: “I first saw the reports soon after Abu Zubaida’s capture. There was a lot of stuff about the nuts and bolts of al-Qaeda’s supposed relationship with the Iraqi Intelligence Service. The intelligence community was lapping this up, and so was the administration, obviously. Abu Zubaida was saying Iraq and al-Qaeda had an operational relationship. It was everything the administration hoped it would be.” Another Pentagon analyst will recall: “As soon as I learned that the reports had come from torture, once my anger had subsided I understood the damage it had done. I was so angry, knowing that the higher-ups in the administration knew he was tortured, and that the information he was giving up was tainted by the torture, and that it became one reason to attack Iraq.” [Vanity Fair, 12/16/2008]
Zubaida Appears to Be Feeding Interrogators' Expectations - Dan Coleman, the FBI’s top al-Qaeda expert at the time who was able to analyze all the evidence from Zubaida, will later claim that the CIA “got nothing useful from the guy.” [Congressional Quarterly, 12/14/2007] Coleman will say: “The CIA wants everything in five minutes. It’s not possible, and it’s not productive. What you get in that circumstance are captives and captors playing to each other’s expectations, playing roles, essentially, that gives you a lot of garbage information and nothing you can use.” [Suskind, 2006, pp. 114] Given his low position in the jihadist hierachy, Coleman will add, Zubaida “would not have known that if it was true. But you can lead people down a course and make them say anything.” [Vanity Fair, 12/16/2008] Counterterrorism “tsar” General Wayne Downing is apparently intimately involved in Zubaida’s interrogation and will later recall: “[Zubaida] and some of the others are very clever guys. At times I felt we were in a classic counter-interrogation class: They were telling us what they think we already knew. Then, what they thought we wanted to know. As they did that, they fabricated and weaved in threads that went nowhere. But, even with these ploys, we still get valuable information and they are off the street, unable to plot and coordinate future attacks.” [Washington Post, 12/26/2002] In legal papers to prepare for a military tribunal hearing in 2007, Zubaida himself will assert that he told his interrogators whatever they wanted to hear to make the torture stop. [Washington Post, 12/18/2007]
Entity Tags: Abd al-Rahim al-Nashiri, Abu Musab al-Zarqawi, Central Intelligence Agency, Abu Zubaida, Bruce Jessen, Ahmed Muhammad al-Darbi, Federal Bureau of Investigation, Khalid Shaikh Mohammed, Dan Coleman, Jose Padilla, Wayne Downing, Omar al-Faruq, James Elmer Mitchell, Ramzi bin al-Shibh
Timeline Tags: Torture of US Captives, Complete 911 Timeline
A rare follow-up article about insider trading based on 9/11 foreknowledge confirms that numerous inquiries in the US and around the world are still ongoing. However, “all are treating these inquiries as if they were state secrets.” The author speculates: “The silence from the investigating camps could mean any of several things: Either terrorists are responsible for the puts on the airline stocks; others besides terrorists had foreknowledge; the puts were just lucky bets by credible investors; or, there is nothing whatsoever to support the insider-trading rumors.” [Insight, 6/3/2002] Another article notes that Deutsche Bank Alex Brown, the American investment banking arm of German giant Deutsche Bank, purchased at least some of these options. Deutsche Bank Alex Brown was once headed by “Buzzy” Krongard, who quit that company in March 2001 and became Executive Director of the Central Intelligence Agency (CIA). “This fact may not be significant. And then again, it may. After all, there has traditionally been a close link between the CIA, big banks, and the brokerage business.” [Business Line, 2/11/2002]
The photo of Mohammed on the right has been flipped to better compare it. [Source: FBI]Khalid Shaikh Mohammed (KSM) is publicly identified as the “mastermind” behind the 9/11 attacks. He is believed to have arranged the logistics while on the run in Germany, Pakistan, and Afghanistan. In 1996, he had been secretly indicted in the US for his role in Operation Bojinka (see January 6, 1995), and the US began offering a $2 million reward for his capture in 1998 (see January 8, 1998), which increased to $25 million in December 2001. An international warrant for his arrest was issued in November 2000 (see November 17, 2000). [Associated Press, 6/4/2002; New York Times, 6/5/2002] According to the New York Times, “In recent months, American counterintelligence officials have identified a small group of other al-Qaeda lieutenants as the crucial figures behind the Sept. 11 attacks” aside from KSM. They include Mohammed Atef (who is already deceased), Abu Zubaida, and Ayman al-Zawahiri. [New York Times, 6/5/2002] There are conflicting accounts of how much US investigators knew about KSM before 9/11. He is Pakistani, although he was born and raised in Kuwait. [CBS News, 6/5/2002] He is an uncle of Ramzi Yousef, the bomber of the World Trade Center in 1993. [New York Times, 6/5/2002] In April 2002, captured al-Qaeda leader Abu Zubaida confessed that KSM was the 9/11 mastermind (see April 2002). It is not known how much US intelligence knew about KSM’s link to the 9/11 attacks prior that, although at least some was known (see (December 2001)).
Omar al-Faruq. [Source: Getty Images]On June 5, 2002, Omar al-Faruq, a top al-Qaeda senior operative in Southeast Asia, is captured in the town of Bogor, Indonesia, by Indonesian agents after receiving a tip from the CIA. Curiously, later in the year, A.C. Manulang, the recently retired head of the Indonesian intelligence agency, will suggest that al-Faruq was actually a CIA mole assigned to infiltrate Islamic radical groups. Manulang will claim that the bombings that took place in Indonesia were actually the work of anti-Islamic intelligence agencies. [Tempo, 9/19/2002] In any case, al-Faruq is flown to the CIA interrogation center at Bagram Air Base in Afghanistan where is subjected to months of intense interrogations. “It is likely, experts say, that… al-Faruq [was] left naked most of the time, his hands and feet bound. [He] may also have been hooked up to sensors, then asked questions to which interrogators knew the answers, so they could gauge his truthfulness,” the New York Times will later report. One Western intelligence official will tell the newspaper that al-Faruq’s interrogation was “not quite torture, but about as close as you can get.” For three months he is provided with very little food, subjected to sleep and light deprivation, prolonged isolation and temperatures ranging from 100 degrees to 10 degrees. On September 9, 2002, he reportedly breaks down and begins freely confessing all he knows (see September-October 2002). He provides information about “plans to drive explosives-laden trucks into American diplomatic centers [and] detailed information about people involved in those operations and other plots, writing out lengthy descriptions.” [New York Times, 3/9/2003]
In a successful attempt to “steal” some media coverage from FBI agent Coleen Rowley’s testimony and concurrent media blitz (see June 6, 2002), the Bush administration counters with a public relations event of its own. The same day that Rowley testifies, President Bush announces the proposed creation of the new, Cabinet-level Department of Homeland Security (DHS)—an agency proposed by Democrats and, up till now, one that Bush has vehemently opposed, preferring instead to make any such agency a subsidiary office within the White House. It will be the largest reorganization of the government since the implementation of the 1947 National Security Act, when the Defense Department, National Security Council (NSC), and CIA were created. To ensure that Rowley’s testimony does not dominate the headlines, Bush also gives an evening speech on prime-time television, again announcing the new department. In that speech, Bush calls the DHS the latest effort in the US’s “titanic struggle against terror.” In 2006, author and media critic Frank Rich will write that the announcement and speech “assur[e] that Rowley’s whistle-blowing would be knocked out of the lead position on the next day’s morning shows and newspapers.” DHS will not be officially activated for almost six months (see November 25, 2002), but the announcement and subsequent speech succeeds in driving Rowley’s testimony off the front pages and the television broadcasts. Rich will write that the announcement of the capture of alleged “dirty bomber” Jose Padilla (see June 10, 2002) four days later, even though Padilla had been in custody since May 8 (see May 8, 2002), further drives any mention or analysis of Rowley’s testimony out of the news. [White House, 6/6/2002; CNN, 6/7/2002; Rich, 2006, pp. 49-50]
FBI Director Robert Mueller testifies before the Senate Judiciary Committee, just hours before the testimony of FBI agent Coleen Rowley, whose accusations of FBI malfeasance before the 9/11 attacks have sparked Congressional interest (see June 6, 2002). Mueller promises the committee that Rowley will not be punished for speaking out, and admits that Rowley is correct in some of her assessments, including her insistence that the bureau change to meet the threats posed by loosely organized terrorist groups. “When we looked back, we saw things that we should have done better and things that we should have done differently, but we also saw things that were done well and things that we should do more,” Mueller tells the assembled lawmakers. [CNN, 6/6/2002] Some senators take Mueller’s assessments even farther. Herbert Kohl (D-WI) says, “Had the FBI been totally alert and had the FBI used its current capabilities to the best of its ability, there was at least a very good chance that the terrorist plot could have been uncovered.” [Los Angeles Times, 6/7/2002]
Refuses to Answer Questions about Presidential Discussions - Committee member Joe Biden (D-DE) repeatedly asks Mueller whether President Bush consulted with him before the 2001 reorganization of the nation’s domestic security apparatus under the Homeland Security rubric (see September 20, 2001). Mueller refuses to discuss his conversations with Bush. “There is no executive privilege here,” Biden says. “I’m asking you whether you were consulted. I think this is ridiculous.” Law enforcement officials later confirm that both Mueller and Attorney General John Ashcroft were consulted as part of planning for the reorganization.
'Antiquated' Computer System - Democratic senator Charles Schumer (D-NY) questions Mueller about the antiquated computer system used by the FBI (Rowley herself will testify that her agents could not search FBI files for information pertaining to their inquiry into so-called “20th hijacker” Zacarias Moussaoui—see August 21, 2001 and August 23-27, 2001). Mueller confirms that Rowley and agents working with her could not search for terms such as “flight school,” but instead were limited to single-word searches such as “flight” or “school,” which produced masses of irrelevant results. Schumer calls the FBI system “almost laughable,” and adds, “It just makes my jaw drop to think that on 9/11 or on 9/10 the kind of technology that is available to most school kids, and certainly every small business in this country, wasn’t available to the FBI.” Mueller says it will take two or three years to upgrade the FBI’s computers. “I think we are way behind the curve,” he says.
Criticism of Civil Liberties Reductions - Senator Edward Kennedy (D-MA) criticizes Mueller for his decision, in conjunction with Attorney General John Ashcroft, to loosen restrictions on the FBI that limit the bureau’s ability to investigate and monitor citizen dissidents and organizations. “In particular, I’m troubled by the visa-holder-registration policy announced yesterday,” he says, referring to a Justice Department plan to require that about 100,000 foreigners in the United States be fingerprinted by the government. “Your agency is expending valuable time and resources to recruit these US citizens in our Arab and Muslim communities. And at the same time, the Justice Department is photographing, fingerprinting and registering their law-abiding siblings, cousins, visiting the United States.” [New York Times, 6/7/2002] “What impact do you think these policies will have on the Arab and Muslim communities in the US if you’re holding job fairs in the morning and fingerprinting them in the afternoon?” Kennedy asks. Mueller responds that the FBI will be careful not to step on anyone’s constitutional rights: “I still believe that we have to protect the freedoms that we have in this country that are guaranteed by the Constitution, or all the work we do to protect it will be at naught.” [Los Angeles Times, 6/7/2002]
Entity Tags: Charles Schumer, John Ashcroft, Coleen Rowley, Herbert Kohl, Edward M. (“Ted”) Kennedy, Federal Bureau of Investigation, US Department of Justice, Joseph Biden, Robert S. Mueller III, Senate Judiciary Committee, Zacarias Moussaoui
Timeline Tags: Complete 911 Timeline
In an address to the nation, President Bush labels captured Islamist militant Abu Zubaida (see March 28, 2002) as “al-Qaeda’s chief of operations.” He says: “Among those we have captured is a man named Abu Zubaida, al-Qaeda’s chief of operations. From him, and from hundreds of others, we are learning more about how the terrorists plan and operate; information crucial in anticipating and preventing future attacks.” He warns, “[W]e now know that thousands of trained killers are plotting to attack us, and this terrible knowledge requires us to act differently.” [White House, 6/6/2002] This is, presumably, an oblique reference to the torture being inflicted on Zubaida and other detainees by CIA personnel (see April - June 2002). And by this time, senior government officials are aware that many intelligence officials believe that Zubaida’s importance and links to al-Qaeda have been overstated (see Shortly After March 28, 2002 and April 9, 2002 and After).
FBI agent Coleen Rowley, the whistleblower who wrote a stinging memo questioning the bureau’s handling of the Zacarias Moussaoui case (see May 21, 2002), testifies before the Senate Judiciary Committee. Her memo, in which she accused FBI Director Robert Mueller of participating in what she called “a delicate and subtle shading/skewing of facts… at the highest levels of FBI management,” has become a focus of Congressional probes into what many lawmakers perceive as a systemic failure of intelligence gathering preceding the 9/11 attacks. Rowley calls the FBI a bureaucracy rife with “risk aversion,” “roadblocks” to investigations, and “endless, needless paperwork.” Rowley says she is concerned that the FBI has moved towards even more bureaucracy and micromanagement in the months following the attacks. [CNN, 6/6/2002; BBC, 6/6/2002; Senate Judiciary Committee, 6/6/2002] “Seven to nine layers” of management “is really ridiculous,” she says. “We need a way to get around the roadblocks.” But Rowley is more sympathetic to Mueller in her testimony than in her memo, and praises him for appearing willing to consider some of the new ideas and approaches that she says need to be implemented. [New York Times, 6/7/2002; Los Angeles Times, 6/7/2002] In his own testimony before the same committee just hours before Rowley speaks, Mueller promises that Rowley will not be punished for speaking out, and admits that some of Rowley’s assessments are correct (see June 6, 2002). [CNN, 6/6/2002] The questioning and commentary by the committee members varies somewhat by party affiliation, with Democrats such as Charles Schumer (D-NY) repeatedly praising Rowley “for performing a national service in coming forward,” but even committee Republicans such as Arlen Specter (R-PA) and Jeff Sessions (R-AL) engage in criticizing the FBI. [New York Times, 6/7/2002] Charles Grassley (R-IA) calls Rowley “a patriotic American who had the courage to put truth first and raise critical but important questions about how the FBI handled a terrorist case before the attacks, and about the FBI’s cultural problems.” [Los Angeles Times, 6/7/2002]
An al-Qaeda trainer named Abu Zubair al-Haili is captured in Morocco. A Saudi known as “the Bear” since he weighs over 300 pounds, he is said to have run training camps in Afghanistan and is believed to be head of al-Qaeda’s operations in North Africa. He is also thought to be one of al-Qaeda’s top 25 leaders. He had allegedly been working on a plot to bomb US and British naval ships in the Strait of Gibraltar between Morocco and Spain. Seven other Saudis are arrested in Morocco in connection with the plot. One US official says al-Haili has “a wealth of information,” including details about al-Qaeda cells around the world. A senior Moroccan official says he was found based on a CIA tip that allegedly came from a detainee being held at the Guantanamo prison. [CNN, 6/18/2002; MSNBC, 6/22/2005] What happens to him after his arrest remains unknown. ABC News soon reports that the US is in no hurry to take custody of him because the Moroccans “can use much more persuasive methods in questioning a suspect”—presumably a reference to torture. [BBC, 6/19/2002] On September 9, 2002, USA Today will report that he is still being held in Morocco. [USA Today, 9/9/2002] On September 15, 2002, The Independent will report that he is in US custody. [Independent, 9/15/2002]
[Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 ] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).
In Doha, Qatar, Defense Secretary Donald Rumsfeld says the purpose of detaining “enemy combatant” Jose Padilla (see June 10, 2002) is to obtain information from him. “Our interest, really, in this case, is not law enforcement,” he says. “It is not punishment. Because he was a terrorist or working with the terrorists, our interest at the moment is to try to find out everything he knows so hopefully we can stop other terrorist acts.” To illustrate his argument, Rumsfeld describes a recent situation in which intelligence gained from a prisoner in Kandahar, Afghanistan, led to the prevention of three terrorist attacks in Singapore (this may be a garbled reference to the killing of Mohammed Atef, see November 15, 2001 and November 15-Late December 2001). “If someone had said when we found that information or that person, ‘Well, now, let’s arrest the person and let’s start the process of punishing that person for having done what he did,’ we never would have gotten that information, and people would have died.” [American Forces Press Service, 6/11/2002]
Sudan arrests an unnamed al-Qaeda leader who has confessed to firing a missile at a US plane taking off from Prince Sultan Air Base, Saudi Arabia, in May 2002. Saudi Arabia had failed to arrest him. This is just the latest in a series of events where “some countries long deemed key US allies—such as Saudi Arabia—are considered less than helpful in the war against terror, while other states remaining on the US State Department’s blacklist of terrorist sponsors, such as Syria and Sudan, are apparently proving more cooperative than their pariah status would suggest.” The US hasn’t been given access to al-Qaeda members arrested by Saudi Arabia, and “concerns over the Saudi authorities’ ‘unhelpful’ stance are increasing.” [Jane's Intelligence Review, 7/5/2002]
Sheikh Hamad bin Khalifa al-Thani. [Source: Qatar embassy]Al Jazeera reporter Yosri Fouda recently interviewed 9/11 figures Ramzi bin al-Shibh and Khalid Shaikh Mohammed (KSM), though there are conflicting accounts about whether the interview took place before or after KSM was publicly identified as the 9/11 mastermind (see April, June, or August 2002). Author Ron Suskind will later claim in the book The One Percent Doctrine that on June 14, 2002, Fouda went to his superiors at Al Jazeera’s headquarters in Qatar and told them about the interview. He speaks to Sheikh Hamad bin Thamer al-Thani, the chairman of Al Jazeera and the cousin of the emir of Qatar, and a few others. At this time, the US is intensely pressuring the Qatari government to get Al Jazeera to tone down what the US perceives as anti-American news coverage. In fact, it is widely believed in Qatar that the US deliberately bombed the Al Jazeera office in Kabul, Afghanistan, in November 2001 to send a message. Perhaps as a result of this pressure, a few days after Fouda reveals his interview, the emir of Qatar, Sheikh Hamad bin Khalifa al-Thani, tells the CIA all about it. Fouda described some of al-Qaeda’s operational plans and even had a good idea where the apartment was in Karachi, Pakistan, where the interview took place, and what floor he had been on. Suskind claims that “No one, not even Al Jazeera management, knew the emir was making the call” to the CIA. US intelligence begins an intense surveillance of Karachi in an attempt to find KSM and bin al-Shibh (see Before September 11, 2002). Mostly because of this lead, bin al-Shibh will be arrested in Karachi in September 2002, around the time when Fouda’s interview is finally aired in public (see September 11, 2002). [Suskind, 2006, pp. 134-140] Interestingly, in early September 2002, it will be reported that KSM was arrested in an apartment in Karachi on June 16, 2002, which would be right about when the CIA was given this information (see June 16, 2002).
In September 2002, articles appear in the Pakistani and Indian press suggesting that 9/11 mastermind Khalid Shaikh Mohammed (KSM) is actually captured on this day in an apartment in Karachi. Supposedly he has been sent to the US, though the US and Pakistan deny the story and say Mohammed has not been captured at all. [Daily Times (Lahore), 9/9/2002; Times of India, 9/9/2002; Times of India, 9/9/2002] Interestingly, it will later be reported that in mid-June 2002 the CIA learned about an Al Jazeera interview with KSM and Ramzi bin al-Shibh (see April, June, or August 2002), and the information passed to the CIA included the apartment building and floor in Karachi where the Al Jazeera reporter believed the interview took place (see June 14, 2002 and Shortly After).
Anonymous US officials tell the Los Angeles Times that Pakistan “has in effect replaced Afghanistan as a command-and-control center for at least some” of al-Qaeda. The group has formed or renewed alliances with local Muslim militant groups, such as Lashkar-e-Toiba and Jaish-e-Mohammed, who are providing safe houses and other assistance. One US intelligence official says, “They don’t operate with impunity there like they did in Afghanistan, but they have lots of supporters, and it’s easy for them to blend in.” A Justice Department official agrees, saying that al-Qaeda operatives are able to go “wherever they want” in Pakistan’s cities. “They’re hiding in plain sight.” The article says, “Al-Qaeda leaders and followers have been arrested or tracked in nearly every major Pakistani city… In some cases, US officials say, Pakistani militants and even some members of the [ISI] have openly supported al-Qaeda and have used an informal underground railroad to help fleeing terrorists.” A recently retired US counterterrorism official says, “The ISI is filled with extremists, and I don’t think they’re trying very hard to find these people. In fact, they’re actively trying to hide them.” Publicly US officials continue to support the Pakistani government due to Pakistani help with certain things, such as allowing US troops to be stationed in Pakistan. But privately they are growing increasingly worried at the lack of cooperation regarding Islamist militancy. [Los Angeles Times, 6/16/2002]
Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 ] The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). [9/11 Commission, 7/24/2004, pp. 181, 222] The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” [Los Angeles Times, 12/21/2005] The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).
On June 18 and 19, 2002, the Australian Office of National Assessments (ONA) briefs Australian Foreign Minister Alexander Downer on regional terrorist threats. Downer asks if there are targets in the region that Jemaah Islamiyah (JI), al-Qaeda’s Southeast Asian affiliate, might hit. The ONA’s Indonesian specialist, David Farmer, replies that the Indonesian island of Bali and province of Riau, plus the country of Singapore, are the three most likely targets. Farmer says that “international hotels, nightclubs and airlines/airports [are] assessed as being high on terrorists’ target lists.” This is not based on any specific warning, but is an analysis based on an accumulation of information. Two weeks later, the Australian Security Intelligence Organization (ASIO) privately warns that “neither Jakarta nor Bali could be considered exempt from attack.” The Sydney Morning Herald will later comment that “although Australians have been told repeatedly that no ‘specific’ intelligence on Bali was available before October 12, dozens of reports by ASIO and the Office of National Assessments (ONA) warned of rising agitation in the region.… [T]he intelligence agencies did not pass on just how detailed the internal warnings had become and the accompanying sense of foreboding.” [Sydney Morning Herald, 7/15/2003; Sydney Morning Herald, 5/29/2004]
Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).
Entity Tags: National Security Agency, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Al-Qaeda, Dana Bash, Michael Hayden, Richard Shelby, Senate Intelligence Committee, USA Today, Washington Post, Porter J. Goss, Richard (“Dick”) Cheney, Fox News
Timeline Tags: Complete 911 Timeline, Civil Liberties
Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]
Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas
Timeline Tags: Complete 911 Timeline, Civil Liberties
Secretary of Defense Donald Rumsfeld sends his special assistant, Stephen A. Cambone, to the Armed Services Committee to deliver and explain a request that Congress create a new top-level Pentagon position—the undersecretary of defense for intelligence. The proposal is quietly slipped into the fiscal 2003 defense authorization bill as an amendment and approved by the Senate on August 1, by the Conference Committee on November 12 and signed by the president on December 2 (see December 2, 2002). The move is seen by some as an attempt to preempt the Scowcroft Plan (see March 2002). [US News and World Report, 8/12/2002; Washington Post, 8/19/2004; USA Today, 10/24/2004] US News and World Report calls it a “bureaucratic coup” that “accomplishes many Pentagon goals in one fell swoop” and notes that “members of Congress aren’t even aware it is happening, let alone what it means.” [US News and World Report, 8/12/2002] Intelligence expert James Bamford warns about the implications of creating this new post in an October 24 op-ed piece: “Creating a powerful new intelligence czar under Defense Secretary Donald Rumsfeld could shift [the] delicate balance [between CIA and the Defense Department] away from the more independent-minded Tenet and increase the chances that intelligence estimates might be ‘cooked’ in favor of the Pentagon…. [I]f the Pentagon runs the spy world, the public and Congress will be reduced to a modern-day Diogenes, forever searching for that one honest report.” [USA Today, 10/24/2004] In 1998, then-Deputy Defense Secretary John J. Hamre had proposed a similar idea, but Congress opposed the suggested reform “in part from concern at the CIA that the new Pentagon official would have too much power.” [Washington Post, 8/19/2004]
Al-Qaeda spokesperson Suliman Abu Ghaith allegedly claims that al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri, plus Taliban leader Mullah Omar, are alive and well. “I want to assure Muslims that Sheik Osama bin Laden… is in good and prosperous health and all what is being rumored about his illness and injury in Tora Bora has no truth,” he says. He adds that al-Qaeda is ready to attack new targets, and says it is responsible for a recent bombing of a synagogue in Djerba, Tunisia (see April 11, 2002). Although he does not explicitly say al-Qaeda was behind the 9/11 attacks, he calls the attacks a “great historic victory that broke the backs of the Americans, the strongest power in this world.” The comments are made in an audiotape played on Al Jazeera. The authenticity of the recording has not been independently confirmed, and Al Jazeera does not explain how it got the recording or when it was made. [Associated Press, 6/22/2002] Abu Ghaith previously issued video recordings of his statements (see October 10, 2001).
Arthur Friedlander. [Source: Defense Department / Larry Otsby]The New York Times reports that the FBI is investigating the possibility that the anthrax used in the 2001 anthrax attacks was smuggled out of USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland. Arthur Friedlander, a senior USAMRIID scientist, says that researchers at USAMRIID use wet anthrax only and have no idea how to make dry powders (the anthrax used in the attacks was a dry powder). But FBI agents are questioning USAMRIID scientists about the possibility that someone could smuggle out some of the anthrax and refine it elsewhere. Luann Battersby, a microbiologist who worked at USAMRIID from 1990 to 1998, says FBI agents interviewed her for three hours on June 12 about the smuggling theory. She says: “I said it was extremely easy to do.… A quarter-million micro-organisms fit in the period at the end of a sentence. It doesn’t take any great strategy to take this stuff out.” [New York Times, 6/23/2002]
A curious Congressional briefing takes place on June 24, 2002. Barbara Hatch Rosenberg, a professor and biological arms control expert, has been publicly hinting that she knows who is behind the 2001 anthrax attacks. She has been describing a profile that perfectly matches Steven Hatfill without actually naming him or giving any other name (see February-June 2002). On this day, she takes part in a closed door meeting with congressional staffers from the Senate Judiciary Committee to discuss her theories. Van Harp, the head of the FBI’s anthrax investigation, Robert Roth, a top manager of the investigation, and other FBI officials also attend the meeting. Rosenberg lays out her theories but fails to name her sources or give any hard evidence. At one point, Harp asks her in frustration: “Do you know who did this? Do you know?” She say she does not. Harp has a private conversation with Rosenberg after the meeting. [Washington Post, 9/14/2003] It is unknown what is said, but the next day, the FBI searches Hatfill’s apartment and tips off the media to the search, beginning a public focus on Hatfill as the FBI’s main suspect (see June 25, 2002).
Although the Western media continues to report that the ISI has reformed itself, “few in Pakistan believe it.” The Independent later reports rumors that on this day ISI officers hide three al-Qaeda members after a gun battle in which ten soldiers were killed. This follows several other betrayals—now the FBI and the other Pakistani law enforcement authorities no longer tell the ISI about their raids in advance. Other Pakistani investigators are forced to build files on militants from scratch, because the ISI will not share what it knows. [Independent, 7/21/2002]
Entifadh Qanbar, a lobbyist for the Iraqi National Congress (INC), sends a memo to the staff of the Senate Appropriations Committee, in which he provides information about a State Department-funded intelligence program, known as the “information-collection program,” run by the INC (see September 2004-September 2006). Qanbar, who says he is the overall manager of the group, states in the memo that under the program, “defectors, reports and raw intelligence are cultivated and analyzed,” and “the results are reported through the INC newspaper (Al Mutamar), the Arabic and Western media and to appropriate governmental, nongovernmental and international agencies.” Information is also passed on to William Luti, who will later run the Office of Special Plans (see September 2002), and John Hannah, a senior national-security aide on Cheney’s staff, who Qunbar describes as the “principal point of contact.” [Newsweek, 12/15/2003; New York Times, 2/12/2004 Sources: Memo] The memo provides a description of some of the people involved in the group and their activities. It says that the analytical group includes five analysts with a background in Iraq’s military, Iraq’s intelligence services and human rights. One person, a consultant, monitors the Iraqi government’s alleged efforts to develop banned weapons. The five analysts process information and write reports, which are sent to Al Mutamar, the INC’s newspaper, as well as the US government and many mainstream news organizations. Qanbar says that the information-collection program issued 30 reports between August 2001 and June 2002, which were sent to Al Mutamar. (Al Mutamar is only available inside Iraq on the Internet; the effectiveness of other government-funded projects to disseminate propaganda inside Iraq could not be proven, and may not have ever existed.) According to the memo, the group published 28 private reports in collaboration with the INC’s headquarters in London. The memo reveals that between October 2001 and May 2002, information provided by the INC was cited in 108 articles published by a variety of English-language news publications, including the New York Times, the Washington Post, Time, Newsweek, the New Yorker, CNN, Fox News, and several others. [New York Times, 2/12/2004; New Yorker, 6/7/2004; Columbia Journalism Review, 7/1/2004] New York Daily News reporter Helen Kennedy will say in 2004, “The INC’s agenda was to get us into a war.” Kennedy’s name appears on Qanbar’s list. “The really damaging stories all came from those guys, not the CIA. They did a really sophisticated job of getting it out there.” Bob Drogin of the Los Angeles Times will say, “I think something that hasn’t gotten a lot of attention is how [the INC] used the British press to plant a lot of this stuff, some of it pretty outlandish.” British journalist Jamie Dettmer points the finger the other way. “I’ve been utterly appalled by the lack of skepticism about this entire Iraq project and the war on terrorism” in the press. When Dettmer learns that his name is on the list, he shouts, “Complete bollocks!” Other journalists on the list will refuse to admit that they were duped by the INC, even though some of their stories contain extensive interviews and dramatic claims from INC sources that were later disproven. Qanbar will say, “We did not provide information. We provided defectors. We take no position on them. It’s up to you reporters to decide if they are credible or not.” [Columbia Journalism Review, 7/1/2004]
In November 2001, the Sudanese allowed the FBI to interview two al-Qaeda operatives living in Sudan, Mohammed Loay Bayazid, and Mubarak al Duri (see November 2001). Even though both men had links to al-Qaeda dating back to the 1980s (Bayazid even was one of al-Qaeda’s founding members), CIA Director George Tenet will later claim that the FBI agents “reported back that, although their suspicions were great, they were unable to develop sufficient grounds for a case against either man that would justify an extradition request.” But the CIA continues to find more intelligence that appears to tie both of them to al-Qaeda efforts to get weapons of mass destruction. For instance, a trusted informant claims Bayazid helped in an effort to buy uranium for bin Laden (see Late 1993). Tenet claims that “Both men had developed business connections to Sudanese WMD-related entities, and both had established businesses that could have served as dual-use front companies for developing nuclear and biological weapons.” In mid-2002, the CIA tries to get the two men to change sides. CIA officer Rolf Mowatt-Larssen goes to Sudan and is allowed to speak with them in a neutral location. But both men are unrepentant. After an appeal to help uncover al-Qaeda’s WMD program to potentially save millions of lives, one of them replies, “No… I think it is legitimate to kill millions of you because of how many of us you killed.” [Tenet, 2007, pp. 270-271] There have been no reports since of the US capturing or killing either man or putting them on any public wanted lists.
The FBI takes over interrogations of Saudi Guantanamo detainee Mohamed al-Khatani. He had been captured and taken into US custody months before (see December 2001) but his real identity was only recently discovered. In the months before, military intelligence, using harsh tactics, was unsuccessful in gaining information from him, but the FBI allegedly uses subtle persuasion with an experienced interrogator and succeeds. Khatani discloses:
He is an al-Qaeda member and received terrorist training at two al-Qaeda camps.
He attended an al-Qaeda summit in Malaysia attended by two 9/11 hijackers (see January 5-8, 2000).
He attempted unsuccessfully to be one of the hijackers himself, failing to enter the US in August 2001 (see August 4, 2001).
He had been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed.
He had met bin Laden on several occasions and had been in contact with many other senior al-Qaeda leaders.
He is related to Ali Saleh Kahlah al-Marri, an apparent al-Qaeda sleeper agent already arrested in the US (see September 10, 2001).
He informs on about thirty other prisoners being held at Guantanamo.
But he is also believed to have little knowledge of other al-Qaeda plots. [New York Times, 6/21/2004; Time, 3/3/2006] He will later recant his confession (see October 26, 2006).
A CIA case officer tells Adam Rice, a US Special Forces operations sergeant working out of a safe house near Kandahar, Afghanistan, that a figure believed to be top Taliban leader Mullah Omar has been tracked by a Predator drone to a location in Shah-i-Kot Valley, a short flight away. Omar and the group with him would be vulnerable to a helicopter assault. However, whenever Rice’s team wants to move more than five kilometers from their safe house, they are required to file a request in advance. If fighting is involved, the request has to pass through several layers of bureaucracy, and a three-star general has to give the final okay. The process can take days, and in this case it does. The target eventually moves on before permission is given. [Newsweek, 8/28/2007]
The US secretly indicts Rajaa Gulum Abbas and Abdul Malik for attempting to buy $32 million in Stinger missiles and other military weaponry in an undercover arms-dealing investigation. However, a US official states that Abbas is an alleged member of the ISI, and is thought to have ties to Middle Eastern militant groups and arms-trafficking operations. He also appears to have foreknowledge of the 9/11 attacks. Abdul Malik is said to be Abbas’s money man. Abdul Malik is not related to Mohammed Malik, another Pakistani targeted by the undercover operation. The chief US informant in the case, Randy Glass, says that both men also have clear ties to al-Qaeda, and the arms were going to be funneled to al-Qaeda and used against American targets. [Palm Beach Post, 3/20/2003; South Florida Sun-Sentinel, 3/20/2003] The indictment is not revealed until March 2003; both men still remain missing and are presumed to be in Pakistan. The US says it is still working on capturing and extraditing Abbas and Malik. [NBC, 3/18/2003] NBC seems to have no trouble reaching Abbas in Pakistan by telephone. [MSNBC, 8/2/2002; NBC, 3/18/2003] The indictment “makes no mention of Pakistan, any ties to Afghanistan’s former Taliban regime or the ultimate destination of the weapons.” [Palm Beach Post, 3/20/2003]
The Defense Intelligence Agency (DIA) issues a report that concludes, “[C]ompelling evidence demonstrating direct cooperation between the government of Iraq and al-Qaeda has not been established, despite a large body of anecdotal information.” [Center for Public Integrity, 1/23/2008]
A new interrogation unit arrives at the Bagram Collection Point (BCP), the improvised interrogation and holding facility at Bagram Air Force Base (see October 2001). The unit is headed by Lieutenant Carolyn Wood (see January 22, 2003-May 8, 2003), who leads a 13-man unit from the 525th Military Intelligence Brigade at Fort Bragg, NC. Wood’s unit is augmented by six Arabic-speaking reservists from the Utah National Guard. Many in the group, consolidated under Company A of the 519th Military Intelligence Battalion, are counterintelligence specialists with no background in interrogation. Only two of the soldiers have ever questioned actual prisoners. The training they receive is ad hoc and minimal. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, will later tell investigators, “There was nothing that prepared us for running an interrogation operation” like the one at Bagram. Nor are the rules of engagement clear. The platoon uses the standard interrogations guide, Section 34-52 of the Army Fleld Manual, and an order from Defense Secretary Rumsfeld to treat prisoners “humanely” and, when possible, within the strictures of the Geneva Conventions. But when President Bush determines in February 2002 that the Conventions do not apply to Taliban and al-Qaeda captives (see February 7, 2002), the interrogators decide they “could deviate slightly from the rules,” in the words of Utah reservist Sergeant James Leahy. “There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists,” Leahy will tell Army investigators. And the detainees, senior intelligence officers say, are to be considered terrorists until proved otherwise. One group of soldiers is later dubbed “the Testosterone Gang”; they decorate their tent with a Confederate flag, spend large amounts of time bodybuilding, and quickly earn a reputation as some of the most brutal of the soldiers at Bagram. [New York Times, 5/20/2005]
Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]
Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense
Timeline Tags: Civil Liberties
US military instructor Joseph Witsch, who is helping craft “extreme” methods of interrogation—torture—for use against captured terror suspects, acknowledges that some of the techniques being developed come from torture inflicted on captured US servicemen in previous conflicts, including those used by Chinese interrogators against US soldiers captured during the Korean War (see December 2001). “We can provide the ability to exploit personnel based on how our enemies have done this type of thing over the last five decades,” Witsch writes in a classified memo. [Washington Post, 4/22/2009]
Joint Personnel Recovery Agency logo. [Source: US Air Force]The Joint Personnel Recovery Agency (JPRA), the Pentagon agency tasked with advising the Defense Department on the use of harsh interrogation techniques—torture—against suspected terrorists in US custody (see December 2001), sends an unsigned memo to the Pentagon’s chief counsel, William Haynes, advising him that the use of such methods would constitute “torture,” and would produce “unreliable information” from torture victims.
Memo Warned of Torture Would Produce Bad Information - “The requirement to obtain information from an uncooperative source as quickly as possible—in time to prevent, for example, an impending terrorist attack that could result in loss of life—has been forwarded as a compelling argument for the use of torture,” the document reads. “In essence, physical and/or psychological duress are viewed as an alternative to the more time-consuming conventional interrogation process. The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate information. History and a consideration of human behavior would appear to refute this assumption.” The key deficiency of physical or psychological duress is the reliability and accuracy of the information gained, the memo says. “A subject in pain may provide an answer, any answer, or many answers in order to get the pain to stop.” The memo also warns that the use of torture by the US could influence US enemies to torture American captives: “The unintended consequence of a US policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured US personnel.” It concludes that “the application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably the potential to result in unreliable information.” The word “extreme” is underlined.
Also Sent to CIA - Besides Haynes, the memo is forwarded to the Pentagon’s Office of the General Counsel, and apparently to CIA chief counsel John Rizzo and the Justice Department. It is unclear whether high-ranking White House officials will see the document.
One of Many Warnings - JPRA chief of staff Daniel Baumgartner will later say that the agency “sent a lot of cautionary notes” regarding harsh techniques. “There is a difference between what we do in training and what the administration wanted the information for,” Baumgartner will tell a reporter in 2009. “What the administration decided to do or not to do was up to the guys dealing with offensive prisoner operations.… We train our own people for the worst possible outcome… and obviously the United States government does not torture its own people.”-
Senator Says Memo Suppressed - After the memo becomes public knowledge as part of a Senate report on Bush administration torture decisions (see April 21, 2009), Senator Carl Levin (D-MI), the chairman of the Armed Services Committee, will say that he believes the memo was deliberately ignored and perhaps suppressed. Levin will call the memo’s treatment “part of a pattern of squelching dissent.” A Bush administration official will later say of the memo: “That information was not brought to the attention of the principals. That would have been relevant. The CIA did not present with pros and cons, or points of concern. They said this was safe and effective, and there was no alternative.” The memo conflicts with proposals from two JPRA psychologists heavily involved in creating a program of harsh interrogation tactics (see January 2002 and After). [Joint Personnel Recovery Agency, 7/2002 ; Washington Post, 4/25/2009]
A CIA officer applies pressure to a detainee’s carotid artery during an interrogation, almost causing him to lose consciousness. The “pressure point” technique is applied a total of three times on the detainee. During the applications, a fellow officer sits opposite the detainee and indicates to the first officer to stop when the detainee starts to pass out. The first officer will later acknowledge to the CIA’s inspector general that “he laid hands on the detainee and may have made him think he was going to lose consciousness.” The use of such pressure points is not an authorized technique at the CIA. [Central Intelligence Agency, 5/7/2004, pp. 69-70 ] In 2004, an internal CIA report will document such “pressure point” techniques in its examination of torture allegations (see May 7, 2004).
Instructors from the Joint Personnel Recovery Agency (JPRA), which oversees the military’s Survival, Evasion, Resistance, and Escape (SERE) training program, conduct a training seminar for intelligence officials. JPRA officials, including senior psychologist Bruce Jessen, have proposed a set of interrogation procedures that amounts to torture (see January 2002 and After and April 16, 2002), and the JPRA instructors are now training CIA and other agency officials in those procedures. Two JPRA legal advisers tell the group that such harsh interrogation methodologies are already deemed acceptable, even though the Justice Department has not yet issued such approval (see August 1, 2002). The lawyers tell the seminar participants, “They [interrogators] could use all forms of psychological pressure discussed, and all the physiological pressures with the exception of the ‘water board.’” The lawyers say that waterboarding might also be permitted, but interrogators “would need prior approval.” [Washington Post, 4/22/2009] During the seminar, CIA agents are given two days of training in waterboarding (see July 1-2, 2002). In 2009, the media learns that Jessen and his partner, James Mitchell, are paid $1,000 a day for the training (see April 30, 2009).
An FBI agent checking a dumpster near Steven Hatfill’s apartment. [Source: WUSA]In July 2002, anthrax attacks suspect Steven Hatfill is put under 24-hour surveillance. The surveillance comes after bloodhounds allegedly link Hatfill to the anthrax letters at some point in July. (This bloodhound evidence will be quickly debunked by the media, but apparently this does not dissuade the FBI (see August 4, 2002)). [Vanity Fair, 9/15/2003] The surveillance is quite open and obvious at times. In December 2002, Hatfill alleges that a virtual caravan of unmarked vans and cars are keeping him under constant surveillance, following him on errands and to restaurants, and driving past his house with a video camera pointed out the window. He also believes that his telephone is being wiretapped. [United Press International, 12/23/2002] In May 2003, Hatfill walks up to one of the agents following him attempts to videotape him. The agent drives into Hatfill and runs over his foot. Remarkably, the driver is not punished but Hatfill gets a five-dollar ticket for “walking to create a hazard.” Mike Hayes, a retired 20-year FBI agent specializing in surveillance, says to a reporter regarding the FBI’s behavior with Hatfill, “What you’re describing—really obvious surveillance—doesn’t make a lot of sense.” [Baltimore Sun, 5/20/2003] Shortly after the incident, USA Today reports, “FBI officials believe they can’t risk the embarrassment of losing track of Hatfill, even for a few hours, and then being confronted with more anthrax attacks.” Privately, Hatfill’s lawyer suggests that Hatfill could be outfitted with a satellite-guided tracking device and allow an FBI agent to stay with him at all times, but the FBI rejects the offer. [Los Angeles Times, 6/29/2008] The surveillance continues until late 2003 and is very intermittent after that. [Baltimore Sun, 7/21/2004] The FBI will later admit that this type of open surveillance of a suspect is against FBI guidelines. However, when the FBI’s focus turns to Bruce Ivins in 2007, they will use the same technique on him (see Autumn 2007-July 29, 2008).
A secret CIA report that says North Korea is enriching “significant quantities” of uranium and this is happening with Pakistan’s help (see June 2002) is withheld from some officials at the State Department. The report, which was drafted for the White House, is classified top secret sensitive compartmentalized information, and is not provided to the State Department’s Arms Control and Disarmament Agency (ACDA), although it is highly significant for their work. Norm Wulf, the ACDA’s deputy assistant director, will suspect that John Bolton, the under secretary of state for arms control, is involved in the withholding. Wulf will say that before Bolton arrived at the State Department in 2001, intelligence about North Korea’s enrichment program and links to Pakistan had been piling up on his desk for three years. However, by 2002 Wulf thinks that he is not getting all the information he should. “I became less and less trustful of the evidence and the more clever people who saw it in its original form. Between the raw intelligence and me were several filters. There were hostile relations between Bolton, his staff, and the non-proliferation bureau.” Authors Adrian Levy and Catherine Scott-Clark will say that the CIA report “had to be buried” because administration officials “only wanted Congress to focus on Iraq, as this was where [they] were determined that US forces should go. All other threats, especially those greater than Iraq, would have to be concealed, defused, or downplayed.” [Levy and Scott-Clark, 2007, pp. 336-337] The CIA report will be revealed in the press in early 2003, just before the Iraq war begins. [New Yorker, 1/27/2003]
Zacarias Moussaoui indicates that he is willing to disclose information to the US authorities, but his overtures are rejected by the FBI and the Justice Department. After learning of Moussaoui’s offer, Minneapolis FBI counsel Coleen Rowley contacts assistants to FBI director Robert Mueller and to Justice Department manager Michael Chertoff. She says she is worried about Moussaoui’s research into cropdusting and wind patterns, and that the information he could provide may prove useful averting a second strike by al-Qaeda. Rowley will later comment: “But by that time Moussaoui had been charged with the death penalty and I deduced that [attorney general John] Ashcroft would not allow any potential for bargaining leverage to be injected into the case.” [Huffington Post, 5/2/2007]
Spanish investigators and prosecutors attempting to jail people they believe are important al-Qaeda operatives seek US assistance, but the US fails to provide them with full co-operation. Spanish authorities started to build a case against a Spain-based al-Qaeda cell headed by Barakat Yarkas in the 1990s and some of the suspects were under surveillance as they allegedly assisted the 9/11 plot (see August 1998-September 11, 2001). The US has some information about them, but does not release what the Spanish need because the US apparently does not want to fight terrorism through law enforcement, but through more direct methods. A Spanish official says, “From the US point of view, everything is an intelligence affair, not a judicial matter… That is what is undermining the whole process.” In 2004, the Spanish official complains: “We could clearly prove the Spanish role in 9/11 if we had real cooperation. There are literally two or three elements missing to close the case, but as it is now, all of the suspects will go free.” One key dispute centers on US unwillingness to share evidence linking Spain-based al-Qaeda operative Amer el-Azizi to the 9/11 plot and Spanish officials spend six months persuading the US before getting a copy of a “specific element that provides a concrete link” between el-Azizi and 9/11 mastermind Khalid Shaikh Mohammed (see (November 2001)). In addition, the US fails to provide information identifying Saudi Arabian investors in Spanish construction companies owned by a Syrian businessman, Mohammed Galeb Kalaje Zouaydi, another suspected militant who is thought to have channeled money to extremists through his group of companies, as well as suspicious Islamic charities. [Wall Street Journal, 5/4/2004] This lack of co-operation hinders the prosecutions of the operatives and means they receive only relatively light sentences. For example, Yarkas is initially found guilty of both terrorism in Spain and assisting the 9/11 plot, but his 9/11 conviction is overturned on appeal (see September 26, 2005).
Hamburg al-Qaeda cell member Mohammed Haydar Zammar is being held in a prison in Syria, Time magazine reports. According to an unnamed US intelligence source, Zammar is providing useful information about al-Qaeda while being tortured and interrogated by Syrian intelligence. “He’s like Abu Zubaida,” the source says. “He’s kind of cooperating. Or he’s cooperating without realizing that he’s doing it.” Time reports that US officials say “no Americans are in the room with the Syrians who interrogate Zammar. US officials in Damascus submit written questions to the Syrians, who relay Zammar’s answers back. State Department officials like the arrangement because it insulates the US government from any torture the Syrians may be applying to Zammar. And some State Department officials suspect that Zammar is being tortured.” German officials are angry at the arrangement, because they say they are not getting any of the new intelligence from Zammar. They also complain that they didn’t even know until recently that the US had arranged for Zammar to be renditioned from Morocco to Syria in late 2001 (see December 2001). [Time, 7/1/2002] German officials will make a secret agreement with the Syrian government that gives them access to Zammar in late 2002. But Germans will only be able to meet with him one time (see November 20-22, 2002). US cooperation with Syria on counterterrorism will collapse in early 2003, so presumably US intelligence loses access to reports on Zammar’s interrogations at that time (see Early 2002-January 2003).
Officials from the Pentagon’s Joint Personnel Recovery Agency (JPRA) conduct a two-day seminar with select CIA interrogators and other agents on the methodologies of waterboarding. The JPRA officials are instructors in the SERE (Survival, Evasion, Resistance, and Evasion) program, which teaches US soldiers how to resist torture. SERE instructors are not trained interrogators, and the SERE techniques, originally based on Chinese Communist methods used to force false confessions from American prisoners during the Korean War (see Mid-April 2002 and July 2002), have never been shown to produce reliable information from their victims. [Agence France-Presse, 4/22/2009]
The Christian Science Monitor reports that some al-Qaeda forces have relocated to the Pakistani-controlled portion of Kashmir since being driven out of Afghanistan, and they are there with the tacit support of the Pakistani ISI. This is very problematic for the US, due to diplomatic sensitivities regarding the Kashmir region, which is split by a UN monitored Line of Control between Pakistan and India, and is claimed by both countries. Defense Secretary Donald Rumsfeld recently commented that he had “seen indications that there are al-Qaeda operating near the [Kashmir] Line of Control.” Pakistani militant groups linked to al-Qaeda such as Harkat ul-Mujahedeen operate openly in Pakistani Kashmir, even though they have been officially banned by the US and Pakistan. For many years, the ISI has used such group to harass the Indian army on India’s portion of Kashmir, and they continue to do so. [Christian Science Monitor, 7/2/2002]
National Security Adviser Condoleezza Rice writes to US congresspeople, telling them that the Bush administration will continue to provide North Korea with shipments of heavy fuel oil and nuclear technology. These deliveries are in accordance with the Agreed Framework (see October 21, 1994). However, a few weeks previously the CIA had informed the White House that the Koreans had violated the framework by starting uranium enrichment, with Pakistani help (see June 2002). This meant that the Koreans had forfeited any entitlement to US assistance, but Rice, in the words of authors Adrian Levy and Catherine Scott-Clark, “plumped for ignorance” of the CIA report. [New Yorker, 1/27/2003; Levy and Scott-Clark, 2007, pp. 336-337]
A US-built C-130 transport aircraft belonging to the Pakistani air force collects parts for nuclear missiles in North Korea and carries them back to Pakistan. The flight is tracked by US intelligence, as are several similar flights around this time. According to the New York Times, “It was part of the military force that President Pervez Musharraf had told President Bush last year would be devoted to hunting down the terrorists of al-Qaeda, one reason the administration was hailing its new cooperation with a country that only a year before it had labeled a rogue state.” [New York Times, 11/24/2002; Levy and Scott-Clark, 2007, pp. 337]
Sheikh Ahmed Salim Swedan. [Source: FBI]Al-Qaeda leader Sheikh Ahmed Salim Swedan is allegedly arrested in Methadar, a slum region of Karachi, Pakistan. Swedan, a Kenyan, had been wanted for a key role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The slum area where he is arrested is said to have been used by al-Qaeda to ship gold and al-Qaeda operatives out of Pakistan after 9/11, and thousands of dollars, fake passports, and visa stamps are found in his house. Pakistani agents are said to have been led to Swedan by satellite telephone intercepts provided by the FBI. Neighbors will later claim to have seen Swedan taken away, but both the US and Pakistani governments deny that he has been arrested. [Daily Times (Lahore), 9/9/2002; Asia Times, 9/11/2002] His name is not taken off an FBI wanted list years after his alleged arrest. In 2007, Amnesty International and other human rights groups will claim that he has been secretly held by the US or renditioned to another country (see June 7, 2007). In 2008, counterterrorism expert Peter Bergen will conclude based on various reports that Swedan was renditioned by the US from Pakistan in 2002. [Mother Jones, 3/3/2008] However, reports of Swedan’s capture appear to be incorrect, because later reports will say that he is killed in a CIA drone strike in Pakistan in 2009 (see January 1, 2009). If so, it is unknown who neighbors say they saw captured on this date.
CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). [Senate Intelligence Committee, 4/22/2009 ] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).
CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 ; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).
FBI Executive Assistant Director for Counterterrorism Dale Watson says he thinks Osama bin Laden is “probably” dead. According to the BBC, this is “thought to be the first time a senior US law enforcement official has publicly offered an opinion on whether bin Laden… is dead or alive.” “Is [bin Laden] alive or is he dead?” Watson says at a law enforcement conference in Washington, DC. “I am not really sure of the answer.… I personally think he is probably not with us anymore but I have no evidence to support that.” The BBC will add that “Watson’s comments suggest that the FBI, at least, has no firsthand information that confirms bin Laden is still alive.” However, other US officials tell the Associated Press they are surprised by Watson’s remarks, as the US administration’s official position remains that it does not know where bin Laden is, or whether he is still alive. [BBC, 7/18/2002]
An editorial in an Indian newspaper wonders why the US is still not interrogating Saeed Sheikh, recently convicted of murdering Daniel Pearl. Saeed was briefly interrogated by the FBI in February, but they were unable to ask about his links to al-Qaeda, and no known US contact has taken place since. [Independent, 7/16/2002; Indian Express, 7/19/2002] The editorial suggests that if the US pressures its close ally Pakistan to allow Saeed to be interrogated in his Pakistani prison, they could learn more about his financing of the 9/11 attacks and the criminal underworld that Saeed was connected to. Also, US attempts to find al-Qaeda cells in Pakistan could be strongly boosted with new information. [Indian Express, 7/19/2002]
Numerous US and British, current and former, intelligence, military, and other government officials who have inside knowledge refute claims made by the Bush administration that Saddam Hussein’s regime has or is seeking ties with international militant Islamic groups. [Wall Street Journal, 8/15/2002; Washington Post, 9/10/2002; Baltimore Sun, 9/26/2002; Knight Ridder, 10/7/2002; Sunday Herald (Glasgow), 10/13/2002; Radio Free Europe, 10/29/2002; International Herald Tribune, 11/1/2002; CBC News, 11/1/2002; Los Angeles Times, 11/4/2002; New York Times, 2/3/2003; Daily Telegraph, 2/4/2003; Independent, 2/9/2003]
Entity Tags: Michael Chandler, Richard (“Dick”) Durbin, Jean-Louis Bruguiere, Rohan Gunaratna, Vincent Cannistraro, Tony Blair, Saddam Hussein, Youssef M. Ibrahim, Jean Chretien, Jack Straw, Michael O’Hanlon, George W. Bush, Anna Eshoo, Baltasar Garzon, Igor Ivanov, Brent Scowcroft, Daniel Benjamin
Timeline Tags: Events Leading to Iraq Invasion
British Intelligence Chief Sir Richard Dearlove and other top MI6 officials attend an annual CIA-MI6 summit to have candid talks on the issues of counterterrorism and Iraq. CIA Director George Tenet had tried to cancel the summit, but the British, set on getting a better feel for the agency’s intelligence on Iraq and Bush’s Iraq policy, were insistent that the summit take place. Tenet reluctantly agreed to have the meeting, provided that it was held at CIA headquarters. The meeting is held on a Saturday and lasts almost the whole day. At one point during the meeting, Tenet and Dearlove leave to have a private discussion. While it has not been reported what Tenet tells Dearlove during the one-and-a-half-hour long chat, Dearlove’s statements to other top British officials a few days later (see July 23, 2002) make it clear that after the summit he is convinced the US has little evidence to support the allegations they are making about Iraq and that the decision has already been made to invade. [Risen, 2006, pp. 183-184]
Although US authorities are aware that Zacarias Moussaoui has one e-mail account and recover e-mails from it, he now says that he has another two, but the FBI is unable to find any trace of them (see August 17-November 11, 2001 and After). E-mails sent from the first address, firstname.lastname@example.org, have been recovered and will be produced at his trial. However, the other two addresses, email@example.com and firstname.lastname@example.org, were not uncovered by the FBI’s post-9/11 investigation and US authorities only learn of them from a statement made at this time by Moussaoui, who says the e-mails could provide him with an alibi and that he accessed the accounts from various computers, including his laptop, one at a Kinko’s outlet, and one at the University of Oklahoma. However, Microsoft, which operates Hotmail, says it is unable to locate any records of the accounts and that they do not exist. As the accounts have been inactive for over a year and all data for a hotmail account is deleted after 90 days of inactivity, no e-mails can be retrieved. Had the FBI asked Microsoft about the addresses within the 90-day period, they may have found information about the e-mails, but they did not do so because they did not know about them—the FBI decided not to interview Moussaoui after 9/11 (see September 11-12, 2001 and Early July 2002). The hard drives at the Kinko’s outlet had been wiped by the time the FBI arrived in September 2001 and no record of Moussaoui’s computer use there is found. Moussaoui had a receipt for the Kinko’s outlet with him when he was arrested, so the FBI might have been able to examine the Kinko’s computers before the hard drives were wiped if they had acted more promptly (see August 17-November 11, 2001 and After). [Wired News, 8/30/2002; internetnews (.com), 8/30/2002; CNN, 9/4/2002; CNN, 12/31/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006]
The British Cabinet Office issues an eight-page briefing note to prepare officials for an upcoming meeting (see July 23, 2002) on Britain’s role in the United States’ confrontation with Iraq. The paper, titled “Conditions for Military Action,” addresses a number of issues including US invasion and post-war planning, legal justification for the use of military force, and what the US and British hope to achieve through “regime change.” [United Kingdom, 7/21/2002; London Times, 5/2/2005; Newsweek, 6/15/2005]
British support for use of military force against Iraq - The briefing summarizes the main points of Prime Minister Tony Blair’s April meeting (see April 6-7, 2002) with President Bush, recalling that Blair pledged British support for “military action to bring about regime change” as long as “certain conditions” were met. Blair told Bush that the US and Britain would have to first develop a strategy to build a coalition and “shape public opinion.” Additionally, Britain would prefer that all “options for action to eliminate Iraq’s WMD through the UN weapons inspectors [are] exhausted” and that the Israel-Palestine crisis be quiescent before going to war against Iraq. [United Kingdom, 7/21/2002]
US objectives in Iraq - The briefing paper reports that US military planners see the removal of Saddam Hussein as the primary objective, to be “followed by [the] elimination of Iraqi WMD [weapons of mass destruction].” The briefing notes that within the British government there are doubts that “regime change,” by itself, would be sufficient to gain control over any WMD present in Iraq. [United Kingdom, 7/21/2002]
Creating conditions necessary for legal justification - Noting that “US views of international law vary from that of the UK and the international community,” the briefing paper makes it clear that the British government believes “[r]egime change per se is not a proper basis for military action under international law.” Because Blair told Bush in April that the British would support military action against Iraq, it will be necessary develop a realistic political strategy that would involve, among other things, working with the US to create “the conditions necessary to justify government military action.” It is suggested in the briefing note that an Iraqi refusal to cooperate with weapons inspections could help create such conditions. Saddam Hussein would “likely” agree to admit inspectors and allow them to operate freely during the first six months of inspections when UNMOVIC is in the process of establishing a monitoring and verification system. After this point, the briefing notes, Hussein would probably begin limiting cooperating with inspectors. This would likely not occur until January 2003. Another alternative—one that would provide a legal basis for “regime change” much sooner—is that “an ultimatum could be cast in terms which Saddam would reject… and which would not be regarded as unreasonable by the international community.” [United Kingdom, 7/21/2002; London Times, 5/2/2005; Guardian, 5/2/2005; Daily Telegraph, 5/4/2005; Los Angeles Times, 5/12/2005]
US invasion plan - According to the briefing paper, US military planners seem to favor an invasion plan that would provide a “running start” to the ground invasion. It would consist of “[a]ir strikes and support for opposition groups in Iraq [that] would lead initially to small-scale land operations.” It would likely begin around November 2002 “with no overt military build-up,” followed by the ground invasion that could commence as early as January 2003. The other option under consideration is the “generated start” plan, which would involve a longer build-up. [United Kingdom, 7/21/2002; London Times, 5/2/2005]
US post-war plan - The briefing paper notes that US “military planning for action against Iraq is proceeding apace”
—but with “little thought” to issues such as “the aftermath and how to shape it.” It predicts that a “post-war occupation of Iraq could lead to a protracted and costly nation-building exercise.” The Pentagon’s plans “are virtually silent on this point,” the document notes, warning of the possibility that “Washington could look to [the British] to share a disproportionate share of the burden.” [United Kingdom, 7/21/2002; Washington Post, 6/12/2005]
Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). [Daily Mail, 3/8/2009]
John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 ; ProPublica, 4/16/2009]
Wreckage left behind where a missile struck Qaed Salim Sinan al-Harethi’s truck in Yemen. [Source: Associated Press]Defense Secretary Donald Rumsfeld issue a secret directive ordering commander of Special Operations Air Force General Charles Holland “to develop a plan to find and deal with members of terrorist organizations” anywhere in the world (see July 22, 2002). The directive says, “The objective is to capture terrorists for interrogation or, if necessary, to kill them, not simply to arrest them in a law-enforcement exercise.” Holland is to cut through the Pentagon bureaucracy and process deployment orders “in minutes and hours, not days and weeks.” In internal Defense Department memos, Rumsfeld and the civilian officials close to him lay out the case for a new approach to the war on terrorism, one that would partly rely on the killing of individuals outside war zones. [New Yorker, 12/16/2002] The first public manifestation of this new policy will be the November 2002 assassination of al-Qaeda leader Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002).
Top British officials attend a meeting to discuss Britain’s potential role in the Bush administration’s confrontation with Iraq. According to the minutes of the meeting, transcribed by Matthew Rycroft, Sir Richard Dearlove, head of the British intelligence service, MI6, says that during his last visit (see July 20, 2002) to Washington he noticed a “perceptible shift in attitude. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and [weapons of mass destruction]. But the intelligence and the facts were being fixed around the policy.” Furthermore, he states, Bush’s National Security Council indicated it “had no patience with the UN route, and no enthusiasm for publishing material on the Iraqi regime’s record.” He also noted that there “was little discussion in Washington of the aftermath after military action.” [United Kingdom, 7/23/2002; Salon, 5/6/2005; Los Angeles Times, 5/12/2005] Foreign Minister Jack Straw appears to agree with Dearlove’s assessment, saying that it seems clear that President Bush has already decided on using military force to depose Saddam Hussein. But Straw notes that the Bush administration’s case against Saddam was “thin.” The Iraqi leader “was not threatening his neighbors, and his WMD capability was less than that of Libya, North Korea, or Iran,” the minutes say, summarizing his remarks. [Guardian, 5/2/2005; Los Angeles Times, 5/12/2005] There is no indication in the minutes that anyone present at the meeting disputed Dearlove’s or Straw’s observations. [United Kingdom, 7/23/2002] Furthermore, the account provided by the intelligence official and Straw are corroborated by a former senior US official who is later interviewed by Knight Ridder. It is “an absolutely accurate description of what transpired,” the official will say. [Knight Ridder, 5/2/2005] Straw proposes that the next step would be to “work up an ultimatum to Saddam to allow back in the UN weapons inspectors,” which “would also help with the legal justification for the use of force.” [Guardian, 5/2/2005; Los Angeles Times, 5/12/2005] Britain’s attorney general, Lord Peter Goldsmith, warns that “the desire for regime change [is] not a legal base for military action,” the minutes say. But Blair says that “it would make a big difference politically and legally if Saddam refused to allow in the UN inspectors.” [Los Angeles Times, 5/12/2005] Finally, the officials agree that the British government “should continue to work on the assumption that the UK would take part in any military action” but “not ignore the legal issues.” [Guardian, 5/2/2005] The minutes do not provide any indication that officials discussed how war might be avoided. [Salon, 6/10/2005] The minutes of this meetings will be revealed by the British Sunday Times three years later (see May 1, 2005). Commonly referred to as the “Downing Street Memo,” the minutes will re-spark the controversy over politicized intelligence.
Entity Tags: Richard Wilson, Michael Boyce, Peter Henry Goldsmith, Richard Dearlove, Jonathan Powell, Geoff Hoon, Jack Straw, Alastair Campbell, Francis Richards, Sally Morgan, John Scarlett, Tony Blair
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
Zacarias Moussaoui claims that one of his associates, Atif Ahmed, was an informer for British intelligence and had foreknowledge of 9/11. In court Moussaoui says Ahmed “is a British agent who has taken a very important part of this,” adding, “My aim in pleading guilty was to expose the information I have.” Ahmed, the only associate named by Moussaoui during his initial questioning (see August 17, 2001), was arrested and released in November 2001 (see Mid-November 2001). Although Moussaoui was monitored by British authorities (see 1999, Mid-2000-December 9, 2000, and August 21, 2001-September 13, 2001), the security services say that Ahmed was not one of their agents. Moussaoui attempts to get British lawyer Sadiq Khan to investigate Ahmed, but the results of his inquiries, if any, are not known. [CounterPunch, 7/16/2002; Daily Telegraph, 7/26/2002; Financial Times, 9/19/2002; CounterPunch, 9/25/2002] Ahmed’s name will be mentioned at Moussaoui’s trial in 2006, but both the prosecutor and FBI agent Harry Samit will indicate he was not deeply involved in 9/11. [United States of America v. Zacarias Moussaoui, a/k/a Shaqil, a/k/a Abu Khalid al Sahrawi, Defendant, 3/6/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] It is unclear why Moussaoui thinks Ahmed is an informer. Moussaoui does not say whether he suspected Ahmed was an informer before he gave his name to the FBI, or whether he surmised this because the British did little with the information, and then let him go soon after arresting him.
A memo written by an intelligence analyst working under Pentagon policy chief Douglas Feith asserts that while “some analysts have argued” that Osama bin Laden will not cooperate with secular Arab groups like Iraq, “reporting indicates otherwise.” A subsequent investigation by the Pentagon’s Office of Inspector General (see February 9, 2007) will criticize the memo, titled “Iraq and al-Qaeda: Making the Case,” saying that it constituted an “alternative intelligence assessment” and therefore should have been developed in accordance with intelligence agency guidelines for publishing alternative views. [US Department of Defense, 2/9/2007 ; New York Times, 2/9/2007] Nevertheless, Bush administration officials such as Defense Secretary Donald Rumsfeld, CIA Director George Tenet, DIA Director Thomas Wilson, Deputy National Security Adviser Stephen Hadley, and the chief of staff for Vice President Cheney, Lewis “Scooter” Libby, embrace the memo. Cheney’s office is particularly enamoured of the report; journalists Franklin Foer and Spencer Ackerman later report a White House official as saying of Cheney and his staffers, “They so believed that the CIA were wrong, they were like, ‘We want to show these f_ckers that they are wrong.” The memo is based on an earlier briefing by Feith entitled “Assessing the Relationship between Iraq and al-Qaeda,” which accused the CIA of using overly rigorous standards to analyze information that might show links between Iraq and the terrorist organization. Feith’s briefing uses almost no evidence to claim a “mature, symbiotic” relationship between the two, alleging “more than a decade of numerous contacts” between al-Qaeda and the Hussein government, and asserting “possible Iraqi coordination with al-Qaeda specifically related to 9/11.” [Scoblic, 2008, pp. 220-222] An updated version of the “Making the Case” briefing will be presented to the White House in September 2002 (see September 16, 2002).
Entity Tags: Office of the Vice President, Thomas Wilson, Office of Special Plans, Stephen J. Hadley, Spencer Ackerman, Lewis (“Scooter”) Libby, Franklin Foer, Donald Rumsfeld, Bush administration (43), George J. Tenet, Douglas Feith
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
Richard Butler, a former UN inspector from Australia, tells the Senate Foreign Relations Committee, “I have seen no evidence of Iraq providing weapons of mass destruction to non-Iraqi terrorist groups.” [Associated Press, 8/1/2002]
The 9/11 Congressional Inquiry investigating the 9/11 attacks concludes that there is no evidence that Mohammad Atta—under any of his known aliases—visited Prague in April 2001 (see April 8, 2001). [Boston Globe, 8/3/2003] However, the Bush administration will delay the publication of the Inquiry’s final report for many months, so this conclusion will not be made public until after the US invasion of Iraq is done (see January-July 2003).
US Special Forces apprehend Mullah Akhter Mohammed Osmani, a top general and one of the six most-wanted Taliban, in Kandahar. He is flown to a detention center north of Kabul for interrogation, but is released a few weeks later and escapes to Pakistan. Contradicting the statements of many soldiers in Kandahar, the Defense Intelligence Agency says it “has no knowledge that Mullah Akhter Mohammed Osmani was ever in US custody in Afghanistan.” [Washington Times, 12/18/2002] Curiously, the CIA took part in secret talks with Osmani over the fate of bin Laden (see Mid-September-October 2, 2001). Osmani will be killed in an air strike at the end of 2006 (see December 19, 2006).
American Enterprise Institute Scholar Laurie Mylroie tells CNN’s Aaron Brown that President Bush has already decided to remove Saddam Hussein. She explains that Bush has ordered the CIA to do it covertly, but that “no one, including the CIA director” believes it can be done by covert means alone. Therefore, the US will have to invade. When asked why Bush wants to overthrow Hussein, she responds that it is partly because of Iraq’s illicit weapons and “partly its prior support for terrorism, including strong suspicions about Iraq’s involvement in 9/11 in the part of the vice president’s office and the office of the secretary of defense.” [CNN, 7/31/2002; Isikoff and Corn, 2006, pp. 83]
The CIA’s Office of Technical Services gathers data about the use of potential “enhanced interrogation techniques,” which the CIA wishes to use on detainees in the war on terror, and their long-term psychological effects on detainees. According to the agency’s inspector general, the information is solicited from “a number of psychologists and knowledgeable academics in the area of psychopathology.” It also comes from the Defense Department’s Joint Personnel Recovery Agency (JPRA), which provides information about Survival, Evasion, Resistance, and Escape (SERE) training and its subsequent psychological effects on students. The JPRA says that no long-term psychological effects result from the use of the techniques, including waterboarding, on SERE students. The data is then provided to lawyers at the agency’s Office of General Counsel and the Justice Department’s Office of Legal Counsel, who use it to draft legal opinions. [Central Intelligence Agency, 5/7/2004, pp. 14 ]
The Counter Terrorism Evaluation Group, once known as the “Wurmser-Maloof” project, is disbanded. The Pentagon leadership created the group shortly after the September 11 attacks (see Shortly After September 11, 2001). Its mission had been to research links between Iraq and Islamic militancy. [Reuters, 2/19/2004]
At the request of Under Secretary of Defense for Policy Douglas Feith, Pentagon officials visit CIA Director George Tenet at Langley headquarters to voice their objections to the final draft of a CIA assessment on Iraq’s supposed links to militant Islamic groups. The officials dispute the report’s conclusion that intelligence suggesting an alleged April 2001 Prague meeting between Mohamed Atta and Iraqi diplomat Ahmed Khalil Ibrahim Samir al-Ani (see 1999) is not credible. As a result of Pentagon officials’ objections, the CIA’s assessment is postponed until September 18. Tenet will later say he “didn’t think much of” the briefing. [Daily Telegraph, 7/11/2004; Newsweek, 7/19/2004]
US satellite photos reportedly show increased activity near the Taji factory in Iraq, which US intelligence suspects may be involved in the production of anthrax. The facility is located 10 miles outside of Baghdad. [World Tribune, 8/14/2002] But on August 20, a week after news of the satellite photos are reported, the Iraqi government allows 15 journalists, mostly Iraqis representing foreign presses, to tour the alleged weapons site. Reporters who tour the facility find “piles of 110-pound sacks of sugar and rice and boxes of milk covered the floor. Writing on the sacks [indicates]… they were imported under the oil-for-food program that allows Iraq to sell unlimited quantities of oil provided the proceeds go for food, medicine and other supplies,” [Associated Press, 8/20/2002] including powdered milk imported from Yemen, Vietnam, Tunisia and Indonesia and sacks of sugar imported from Egypt and India. [Common Dreams, 8/20/2002] Iraq’s trade minister, Mohammed Mehdi Saleh, explains that the trucks captured by the satellite photos had been distributing foodstuffs from al-Taji to warehouses in the various provinces of Iraq. He states: “They [Americans] are checking every movement in Iraq, but a satellite cannot tell real information. This is rubbish information, actually rubbish information to convert baby milk and baby food and sugar to weapons of mass destruction…. We started to move food from this warehouse to supply stores in provinces early this month, and more specifically on August 4 as we started to distribute food rations every two months…. We have transported 2,500 tons of powdered milk in 187 trucks and not 60 trucks as the Americans said and we will continue (to do so)…. If they enlarge the satellite photographs they can compare boxes of the baby milk moved from this site as they were not covered and boxes here.” [Common Dreams, 8/20/2002] An enlargement of the pictures would have revealed the words, “Al-moudhish,” written on the packages—the brand name of the milk that had been imported from Oman. [Associated Press, 8/20/2002]
Two influential neoconservatives, Defense Intelligence Agency [DIA] reservist and Penn State political science professor Chris Carney and Undersecretary of Defense for Policy Douglas Feith, give two presentations on Iraq’s alleged ties to al-Qaeda to the CIA at the agency’s Langley headquarters. CIA analysts are not impressed, having seen much of the information before and having already determined that it was not credible. Some of the information will nevertheless be included in speeches by Bush and in testimony by Tenet to Congress. The information is also put into a classified memo to the Senate Intelligence Committee by Feith, which is later leaked to the Weekly Standard, a neoconservative magazine (see November 14, 2003). [Vanity Fair, 5/2004, pp. 238]
It will later be alleged that in August 2002, radical imam Abu Qatada calls Spanish militant Moutaz Almallah and asks him to live with him in London. Almallah does move to London one month later. For most of 2002, Qatada is supposedly hiding in London, but in fact British intelligence knows where he is (see Late September 2001-Summer 2002 and Summer-Early November 2002), and he has a history of being an British informant (see June 1996-February 1997). The account of Moutaz moving to London comes from the estranged wife of his brother Mouhannad Almallah. Shortly after the Madrid bombings, she will tell a Spanish judge about the call and much more. She will say both brothers had frequent contact with Abu Qatada before moving. Spanish authorities also are aware that the brothers are linked to Barakat Yarkas, who frequently traveled to London to meet with Abu Qatada for many years (see 1995-February 2001). Abu Qatada will be arrested in October 2002, not long after Moutaz moves there (see October 23, 2002), but Moutaz will continue to live in London while making occasional trips back to Spain. Moutaz will be arrested in Britain in 2005. He will be extradited to Spain for a role in the 2004 Madrid train bombings, but will not have been put on trial by July 2007. In 2007, Mouhannad will be sentenced to 12 years for his role in the bombings (see October 31, 2007). [El Mundo (Madrid), 7/28/2005]
In 2002, federal prosecutors are building a case against a group of Islamist militants for attempting to start a militant training camp in Oregon in 1999 (see November 1999-Early 2000). They prepare charges against radical London imam Abu Hamza al-Masri, his “highly public aide” Haroon Rashid Aswat, Oussama Kassir (who visited the prospective camp with Aswat), and James Ujaama. Ujaama is living in Seattle, but the others are believed to be overseas. Seattle prosecutors want to seek a grand jury indictment against all of them, which would result in arrest warrants and possible detention for extradition. However, this plan is blocked by higher-level officials at Justice Department headquarters, who want most of the case to be handled by the US Attorney’s Office in New York City. Seattle prosecutors are only allowed to bring charges against Ujaama. [Seattle Times, 7/24/2005] They go ahead and arrest Ujaama in August 2002, finding weapons and training materials, and charge him with conspiring with Abu Hamza “to provide material support and resources” to the Taliban. One of his associates, Feroz Abbasi, is already in Guantanamo Bay, and is talking to interrogators about trips Ujaama has made to Afghanistan (see December 2000-December 2001). Ujaama quickly agrees to co-operate with the authorities, giving them details about Abu Hamza’s activities, and is given a two-year sentence for a lesser offence. [O'Neill and McGrory, 2006, pp. 189-190, 198-200] The others are merely listed in Ujaama’s indictment as unindicted co-conspirators. Abu Hamza has actually been working as an informant for British intelligence (see Early 1997), but by early 2004 his relationship with the British has soured (see April 2003 and April 26, 2004), and the US Justice Department will finally indict him for charges relating to the training camp in May 2004. However, Aswat still will not be indicted. When asked why Aswat is not indicted as well, a federal official in Seattle will reply with frustration, “That’s a great question.” [Seattle Times, 7/24/2005] Shortly after the 7/7 London bombings (see July 7, 2005), it will be widely reported that Aswat was the attack’s mastermind (see Late June-July 7, 2005). Then a counterterrorism expert will claim that Aswat was also an informant for British intelligence, and this explains why the US never indicted him and other mysteries surrounding him (see July 29, 2005).
Military interrogators at Guantanamo begin inquiring about the lengths to which they can go to question suspected terrorists. They are particularly interested in Mohamed al-Khatani, a Saudi captured in the Afghan-Pakistan border region in December 2001 (see December 2001). When they learn that al-Khatani was denied entry to the US in 2001 (see August 4, 2001), they decide he may be the so-called “20th hijacker” for the 9/11 attacks, especially after the FBI cajoles him into confessing to being an al-Qaeda operative (see July 2002). But al-Khatani will not, or cannot, divulge information about upcoming terror attacks, and interrogators want to increase the pressure on him (see August 8, 2002-January 15, 2003). They also wonder if, since they have found one apparently high-level al-Qaeda operative among the crowd of low-level prisoners shipped from Afghanistan, there might be others lurking in the group and pretending to be ordinary peasants. [Savage, 2007, pp. 177-178]
In August 2002, alleged al-Qaeda operative Ahmed Muhammad al-Darbi, a Saudi, reportedly comes into US custody. On October 6, 2002, a French oil tanker is attacked by a suicide bomber off the coast of Yemen (see October 6, 2002). Later that month, the Washington Post will report that al-Darbi warned in interrogation interviews that a Yemen cell was planning an attack on a Western oil tanker. It will later be claimed that he was arrested based on information gained by the interrogation of prisoner Abu Zubaida (see June 2002). [Washington Post, 10/18/2002; Human Rights Watch, 11/30/2005] In December 2002, another Post article will mention that al-Darbi remains “under CIA control.” [Washington Post, 12/26/2002] However, his whereabouts will then be unknown for some time. In late 2005, Human Rights Watch will list him as a likely “ghost prisoner” probably still being held by the CIA. [Human Rights Watch, 11/30/2005]
The Azerbaijani authorities turn Ahmed Muhammad al-Darbi, a Saudi they are holding (see June 2002), over to US agents. In 2009 Al-Darbi will issue a public statement alleging he is tortured by the US (see July 1, 2009), and a section of the statement concerning what these agents do to him in Azerbaijan will be redacted. However, an unredacted section says, “They then blindfolded me, wrapped their arms around my neck in a way that strangled me, and cursed at me.” Al-Darbi will later say he is frightened because he does not know who is holding him and where they are taking him. He will eventually be flown to Bagram Air Force Base in Afghanistan. [al-Darbi, 7/1/2009]
Former UN weapons inspector Scott Ritter casts doubt on Salman Pak’s characterization as a terrorist training facility (see April 6, 2003), in an August 2002 interview later included in his book War on Iraq. Ritter says in part, “Iraqi defectors have been talking lately about the training camp at Salman Pak, south of Baghdad. They say there’s a Boeing aircraft there. That’s not true. There’s an Antonov aircraft of Russian manufacture. They say there are railroad mock-ups, bus mock-ups, buildings, and so on. These are all things you’d find in a hostage rescue training camp, which is what this camp was when it was built in the mid-1980s with British intelligence supervision. In fact, British SAS special operations forces were sent to help train the Iraqis in hostage rescue techniques. Any nation with a national airline and that is under attack from terrorists—and Iraq was, from Iran and Syria at the time would need this capability. Iraq operated Salman Pak as a hostage rescue training facility up until 1992. In 1992, because Iraq no longer had a functioning airline, and because their railroad system was inoperative, Iraq turned the facility over to the Iraqi Intelligence service, particularly the Department of External Threats. These are documented facts coming out of multiple sources from a variety of different countries. The Department of External Threats was created to deal with Kurdistan, in particular, the infusion of Islamic fundamentalist elements from Iran into Kurdistan. So, rather than being a camp dedicated to train Islamic fundamentalist terrorists, it was a camp dedicated to train Iraq to deal with Islamic fundamentalist terrorists. And they did so. Their number one target was the Islamic Kurdish party, which later grew into [Ansar al-Islam]. Now, Jeff Goldberg claimed in the New Yorker that [Ansar al-Islam] is funded by the Iraqi Intelligence service. But that’s exactly the opposite of reality: the Iraqis have been fighting Ansar for years now. Ansar comes out of Iran and is supported by Iranians. Iraq, as part of their ongoing war against Islamic fundamentalism, created a unit specifically designed to destroy these people. It would be ludicrous for Iraq to support al-Qaeda, either conventionally, as many have claimed, or even worse, to give it weapons of mass destruction…” [Ritter and Pitt, 9/25/2002]
Several Pentagon officials, including Deputy Defense Secretary Paul Wolfowitz, meet with the FBI’s assistant director for counterterrorism, Pat D’Amuro, to discuss the latest intelligence concerning the alleged April 2001 (see April 8, 2001) meeting between 9/11 plotter Mohamed Atta and Iraqi diplomat Ahmed Khalil Ibrahim Samir al-Ani. Wolfowitz pressures the FBI briefers to confirm that the Prague meeting had in fact happened. The FBI concedes that the occurrence of the meeting, though not proven, was at least possible. [Time, 9/2/2002]
A television film crew at Steven Hatfill’s apartment on August 1, 2002. [Source: Alex Wong / Getty Images]The FBI conducts a second search of Steven Hatfill’s apartment on the same day he is officially named a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001). FBI agents are seen investigating his trash. [Associated Press, 8/1/2002; London Times, 8/2/2002] As with the first search of his apartment in June (see June 25, 2002), the media is tipped off in advance. An FBI agent involved in the search, Brad Garrett, will later say, “Obviously, someone told them we were going to do that search.” FBI agent Robert Roth, also part of the search, will call the tip offs “just ridiculous.” The fact that the search is made with a court issued warrant is also leaked to the media, implying that Hatfill is no longer cooperating with investigators when in fact he still is. [Los Angeles Times, 6/29/2008]
Military planners in the US’s Central Command (CENTCOM) finalize their plans for invading Iraq. “[T]he end state for this operation is regime change [with] an acceptable provisional/permanent government in place,” the plans read. However, the plans do not tell how the goal of an acceptable, permanent government will be achieved. They do not even address what US troops should do once they reach Baghdad. Public policy professor Alasdair Roberts will later write that there are what he will call two main reasons for “CENTCOM’s neglect.” One, “occupation and reconstruction [are] not a core function for the military” (see May 14, 2004). The military has no real component for performing such tasks, and most military commanders have little interest in the subject, Roberts will write. Two, other government agencies, most notably the State Department, have responsibility for this subject. CENTCOM commander General Tommy Franks tells subordinates that once Saddam Hussein is overthrown, the State Department will take the lead in directing the occupation and reconstruction. [Roberts, 2008, pp. 125]
Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 ] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]
Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 ; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales
Timeline Tags: Torture of US Captives
This unnamed Pakistani intelligence agent was captured on undercover video in January 2001 as part of Operation Diamondback. [Source: Dateline NBC]MSNBC airs recordings informant Randy Glass made of arms dealers and Pakistani ISI agents attempting to buy nuclear material and other illegal weapons for bin Laden. [MSNBC, 8/2/2002] Meanwhile, it is reported that federal investigators are re-examining the arms smuggling case involving Glass “to determine whether agents of the Pakistani government tried to buy missiles and nuclear weapons components in the United States last year for use by terrorists or Pakistan’s military.” [Washington Post, 8/2/2002] Two such ISI agents, Rajaa Gulum Abbas and Abdul Malik, are already secretly indicted by this time. But Glass still says, “The government knows about those involved in my case who were never charged, never deported, who actively took part in bringing terrorists into our country to meet with me and undercover agents.” [Cox News Service, 8/2/2002] One such person may be a former Egyptian judge named Shireen Shawky, who was interested in buying weapons for the Taliban and attended a meeting in July 1999 in which ISI agent Rajaa Gulum Abbas said the WTC would be destroyed. [MSNBC, 8/2/2002; WPBF 25 (West Palm Beach), 8/5/2002] Others not charged may include Mohamed el Amir and Dr. Magdy el Amir.
Entity Tags: Randy Glass, Taliban, World Trade Center, Rajaa Gulum Abbas, Shireen Shawky, Pakistan, Mohamed el Amir, Osama bin Laden, Pakistan Directorate for Inter-Services Intelligence, Magdy el Amir, Abdul Malik
Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network
After the FBI publicly names Steven Hatfill as a “person of interest” in the anthrax investigation on August 1, 2002 (see August 1, 2002), FBI leaders become increasingly fixated on him and fail to follow up on other leads. One anonymous FBI agent involved in the case will later say: “They exhausted a tremendous amount of time and energy on him… I’m still convinced that whatever seemed interesting or worth pursuing was just basically nullified in the months or year following when ‘person of interest’ came out about Hatfill.” Other possibilities are neglected because it is assumed in the FBI that “sooner or later they’ll have this guy nailed.” Another anonymous FBI investigator will say: “Particular management people felt, ‘He is the right guy. If we only put this amount of energy into him, we’ll get to the end of the rainbow.’ Did it take energy away? It had to have. Because you can’t pull up another hundred agents and say, ‘You go work these leads [that] these guys can’t because they’re just focused on Hatfill.’” The Los Angeles Times will later comment, “The preoccupation with Hatfill persisted for years, long after investigators failed to turn up any evidence linking him to the mailings.” [Los Angeles Times, 6/29/2008]
According to Sen. Bob Graham (D-FL), the 9/11 Congressional Inquiry he co-chairs later will uncover a CIA memo written on this date. The author of the memo writes about hijackers Khalid Almihdhar and Nawaf Alhazmi and concludes that there is “incontrovertible evidence that there is support for these terrorists within the Saudi government.” [Graham and Nussbaum, 2004, pp. 169] Apparently, this memo will be discussed in the completely censored section of the Inquiry’s final report that deals with foreign government involvement in the 9/11 plot (see August 1-3, 2003). Osama Basnan, one of the key players in a suspected transfer of funds from the Saudi government to these two hijackers, is arrested in the US a few weeks after this memo is written, but he will be deported two months after that (see August 22-November 2002).
An article in Time magazine briefly mentions a key meeting between the CIA and National Security Adviser Condoleezza Rice, where top CIA officials warned Rice of an impending attack (see July 10, 2001). The meeting will be left out of the 9/11 Commission report, although CIA Director George Tenet will tell the Commission about it (see January 28, 2004). Time writes: “In mid-July, Tenet sat down for a special meeting with Rice and aides. ‘George briefed Condi that there was going to be a major attack,’ says an official; another, who was present at the meeting, says Tenet broke out a huge wall chart… with dozens of threats. Tenet couldn’t rule out a domestic attack but thought it more likely that al-Qaeda would strike overseas.” [Time, 8/4/2002] According to a transcript of Tenet’s testimony to the 9/11 Commission, he told Rice there could be an al-Qaeda attack in weeks or perhaps months, that there would be multiple, simultaneous attacks causing major human casualties, and that the focus would be US targets, facilities, or interests. As Time reports, Tenet says the intelligence focuses on an overseas attack, but a domestic attack could not be ruled out. [Washington Post, 10/3/2006] News of the meeting will emerge in 2006 (see September 29, 2006), but the 9/11 Commission members will deny they were told about it. After the transcript is shared with reporters, they will reverse their denials (see September 30-October 3, 2006). Rice will also deny the meeting took place, only to reverse her position as well (see October 1-2, 2006).
Roscoe Howard Jr. [Source: Associated Press]Newsweek reports that bloodhounds have recently been used in the search for the killer in the 2001 anthrax attacks (see October 5-November 21, 2001). Supposedly, the dogs were presented with “scent packs” lifted from anthrax-tainted letters mailed the year before, even though the letters had long since been decontaminated. The dogs reportedly showed no reaction wherever they were sent, except when taken to the apartment of anthrax suspect Steven Hatfill, where the dogs reportedly become agitated and go “crazy.” It is said they showed similar reactions at the apartment of Hatfill’s girlfriend and a Denny’s restaurant in Louisiana where Hatfill had eaten the day before. [Newsweek, 8/4/2002] However, three days later, the Baltimore Sun reports that managers at all 12 of the Denny’s in Louisiana say they have not been visited by federal agents with bloodhounds. Furthermore, three veteran bloodhound handlers are interviewed and say they are skeptical that any useful scent could have remained on the letters after so much time, as well as after the decontamination. Former officer and bloodhound handler Weldon Wood says, “Anything is possible. But is it feasible, after this length of time and what the letters have been through? I would doubt it.” The Sun suggests, “the possibility exists that the story was a leak calculated to put pressure on Hatfill.” [Baltimore Sun, 8/8/2002] Investigators will later conclude that the dogs’ excitement is useless as evidence. Van Harp, the FBI official in charge of the anthrax investigation, and Roscoe Howard Jr., the US attorney for Washington, DC, will later admit they leaked the bloodhound story to Newsweek. [Los Angeles Times, 6/29/2008]
Senator Chuck Hagel (R-NE) warns that any invasion and subsequent occupation of Iraq will be more difficult and prolonged than the Bush administration is acknowledging. On CBS’s Face the Nation, Hagel reminds viewers, “[W]e haven’t been in there [Iraq] for four years.” He continues: “We haven’t had any UN inspectors in there for four years. Our intelligence is limited. We have to rely on second-, third-party intelligence from other nations, as well as our own intelligence.… And this nonsense about some antiseptic air war is going to do it, that’s folly. The fact is that we’re going to go in there. We need to go in there with all the might we can to finish the job and do it right. And that’s going to require ground troops.” When asked how many ground troops, Hagel responds: “I don’t know what that is.… Some of the numbers that we heard are 250,000, 200,000. But as I said this week, if you think you’re going to drop the 82nd Airborne in Baghdad and finish the job, I think you’ve been watching too many John Wayne movies.” [CBS News, 8/4/2002] Hagel will vote “yes” to authorize the war (see October 10, 2002). [Rich, 2006, pp. 61-62]
The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
He is forced to wear women’s underwear on his head and to put on a bra.
He is threatened by dogs, placed on a leash, and told that his mother was a whore.
He is stripped naked, shaved, and forced to bark like a dog.
He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
He is forced to live in a cell deprived of heat
He is given large quantities of intravenous liquids and denied access to a toilet
He is deprived of sleep for days on end.
He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]
It is reported on ABC World News Tonight that Steven Hatfill is “known as a person who has worked around anthrax experts, although the FBI concedes he could not himself make anthrax, does not have what they call ‘the bench skills’ to make it.” Hatfill is the FBI’s only publicly named suspect in the 2001 anthrax attacks at this time (see October 5-November 21, 2001 and August 1, 2002). [ABC News, 8/11/2002] But despite this, the FBI will continue to focus on Hatfill for years and apparently will not even consider the possibility of accomplices.
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