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Victor Bout in handcuffs in Thailand on the day of his arrest. [Source: Associated Press]Victor Bout, the world’s biggest illegal arms dealer, is arrested in Thailand. The US Drug Enforcement Administration (DEA) had set up a sting operation to nab Bout. For months, DEA agents posed as members of the Revolutionary Armed Forces of Colombia (FARC), a militant group linked to drug trafficking and organized crime. DEA agents and Thai police meet Bout at the five-star Sofitel Silom Hotel in Bangkok, supposedly to finalize an arms deal, and immediately arrest him and his bodyguards. According to a Thai police officer, Bout does not resist arrest but merely says, “The game is over.” A relatively new DEA task force is behind Bout’s arrest, even as news reports indicate Bout’s fleet of aircraft has been shipping supplies to the US military in Iraq in recent years. The DEA agents posed as arms dealers working for FARC but went after Bout because of evidence that he had been involved in drug smuggling as well. Bout faces up to 10 years in prison in Thailand for taking part in illegal weapons deals there. US officials are also seeking Bout’s extradition to the US so he can face more charges. Bout is a Russian citizen and has been based in Russia in recent years, but the Russian government has decided against seeking his extradition. Mother Jones comments, “Willing to work for anyone, Bout’s business divorced itself from any political, philosophical, or moral constraint. It delivered military cargo with equal enthusiasm to terrorists, guerrilla insurgents, rebel warlords, embattled dictatorships, legitimate businesses, humanitarian aid groups, and sovereign governments, including the United States” (see Late April 2003-2007). He also worked with the Taliban and al-Qaeda-linked groups (see Summer 2002 and Late July 2006). Experts note that Bout’s network has been unique in providing a full range of smuggling services and it is unlikely it will survive without him. [Mother Jones, 3/16/2006]
President Bush vetoes legislation passed by Congress that would have banned the CIA from using waterboarding and other “extreme” interrogation techniques. The legislation is part of a larger bill authorizing US intelligence activities. The US Army prohibits the use of waterboarding and seven other interrogation techniques in the Army Field Manual; the legislation would have brought the CIA in line with US military practices. Waterboarding is banned by many countries and its use by the US and other regimes has been roundly condemned by US lawmakers and human rights organizations. The field manual also prohibits stripping prisoners naked; forcing them to perform or simulate sexual acts; beating, burning, or otherwise inflicting harm; subjecting prisoners to hypothermia; subjecting prisoners to mock executions; withholding food, water, or medical treatment; using dogs to frighten or attack prisoners; and hooding prisoners or strapping duct tape across their eyes.
Reasoning for Veto - “Because the danger remains, we need to ensure our intelligence officials have all the tools they need to stop the terrorists,” Bush explains. The vetoed legislation “would diminish these vital tools.” Bush goes on to say that the CIA’s interrogation program has helped stop terrorist attacks on a US Marine base in Djibouti and the US consulate in Pakistan, as well as stopped plans for terrorists to fly hijacked planes into a Los Angeles tower or perhaps London’s Heathrow Airport. He gives no specifics, but adds, “Were it not for this program, our intelligence community believes that al-Qaeda and its allies would have succeeded in launching another attack against the American homeland.” John D. Rockefeller (D-WV), the head of the Senate Intelligence Committee, disagrees, saying he knows of no instances where the CIA has used such methods of interrogation to obtain information that led to the prevention of a terrorist attack. “On the other hand, I do know that coercive interrogations can lead detainees to provide false information in order to make the interrogation stop,” he says. CIA Director Michael Hayden says that the CIA will continue to work within both national and international law, but its needs are different from those of the Army, and it will follow the procedures it thinks best. Bush complains that the legislation would eliminate not just waterboarding, but “all the alternative procedures we’ve developed to question the world’s most dangerous and violent terrorists.” [Reuters, 3/8/2008; Associated Press, 3/8/2008]
Criticism of Veto - Democrats, human rights leaders, and others denounce Bush’s veto. Senator Dianne Feinstein (D-CA) says, “This president had the chance to end the torture debate for good, yet he chose instead to leave the door open to use torture in the future.” Feinstein notes that Bush ignored the advice of 43 retired generals and admirals, and 18 national security experts, who all supported the bill. “Torture is a black mark against the United States,” she says. House Speaker Nancy Pelosi (D-CA) says she and fellow Democrats will try to override the veto and thus “reassert [the United States’s] moral authority.” Elisa Massimino of Human Rights First says, “The president’s refusal to sign this crucial legislation into law will undermine counterterrorism efforts globally and delay efforts to rebuild US credibility on human rights.” [Associated Press, 3/8/2008] New York Times journalist Steven Lee Myers writes that Bush vetoes the bill not just to assert his support for extreme interrogation techniques or to provide the government everything it needs to combat terrorism, but as part of his ongoing battle to expand the power of the presidency. Myers writes, “At the core of the administration’s position is a conviction that the executive branch must have unfettered freedom when it comes to prosecuting war.” [New York Times, 3/9/2008]
Entity Tags: Nancy Pelosi, Human Rights First, George W. Bush, Elisa Massimino, Dianne Feinstein, Central Intelligence Agency, John D. Rockefeller, Michael Hayden, US Department of the Army, Senate Intelligence Committee, Steven Lee Myers
Timeline Tags: Torture of US Captives, Civil Liberties
Lawyers for alleged enemy combatant Ali Saleh Kahlah al-Marri (see December 12, 2001) file papers with the court asserting that al-Marri was systematically abused by FBI and Defense Intelligence Agency (DIA) interrogators while in military custody. Al-Marri continues to be held in the Naval brig in Charleston, South Carolina (see June 23, 2003). Additionally, al-Marri was told that cabinets full of videotapes of his interrogations exist, according to the legal filings. Al-Marri has been in federal detention, without charge, since 2003. The New York Times has reported that about 50 videotapes of interrogation sessions with al-Marri and fellow detainee Jose Padilla (see May 8, 2002) were recently found by Pentagon officials (see March 13, 2008). DIA spokesman Donald Black admits that one tape shows al-Marri being gagged with duct tape, but says that al-Marri brought that treatment upon himself by chanting loudly and disruptively. One of al-Marri’s lawyers, Jonathan Hafetz, says that the treatment al-Marri has been forced to endure is far worse than anything Black describes—al-Marri, Hafetz says, has been subjected to stress positions, sensory deprivation, and threats of violence or death. “On several occasions, interrogators stuffed Mr. al-Marri’s mouth with cloth and covered his mouth with heavy duct tape,” says the legal filings. “The [duct] tape caused Mr. al-Marri serious pain. One time, when Mr. al-Marri managed to loosen the tape with his mouth, interrogators re-taped his mouth even more tightly. Mr. al-Marri started to choke until a panicked agent from the FBI or Defense Intelligence Agency removed the tape.” [United Press International, 3/13/2008; Washington Post, 3/31/2008]
The Pentagon reviews a compendium of videotaped interrogations conducted at numerous US military detention facilities, including Guantanamo Bay and in Iraq. It identifies at least 50 tapes, including one showing the forcible gagging of a suspect. Defense Department officials say that only a few of the tens of thousands of interrogations conducted since 2001 were recorded. Most were “routinely destroyed” if they were found to have no continuing value, according to Pentagon spokesman Don Black. Among the 50 or so tapes already identified are interrogations of two high-level “enemy combatants,” Ali Saleh Kahlah al-Marri and Jose Padilla. Both were interrogated at the Naval brig in Charleston, South Carolina. A tape of an interrogation of al-Marri shows the terrorist suspect being gagged and manhandled by FBI agents (see March 13, 2008), but not waterboarded or otherwise tortured. Black says that the director of the Defense Intelligence Agency, Lieutenant General Michael Maples, has reviewed the tape and is satisfied that al-Marri was treated in an acceptable fashion. As for other possible tapes, Admiral Mark H. Buzby, the military commander at Guantanamo, says, “We suspect that the recording devices contain recorded data but we are unable technologically to confirm whether data remains.” [New York Times, 3/13/2008]
Alleged al-Qaeda leader Muhammad Rahim al-Afghani is transferred to the US-run prison in Guantanamo, Cuba, and officially declared a “high value” prisoner. Rahim was captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007) and then was held in a secret CIA prison until his transfer to Guantanamo (see Late July 2007-March 14, 2008).
Why Is Rahim Considered Important? - Rahim is just the 16th person the US government has declared a “high value” prisoner. Fourteen prisoners were given that label when they were transferred from secret CIA prisons to Guantanamo in September 2006 (see September 6, 2006 and September 2-3, 2006). The 15th was Abd al-Hadi al-Iraqi, who was held by the CIA in autumn 2006 and sent to Guantanamo in April 2007 (see Autumn 2006-Late April 2007). [Los Angeles Times, 3/15/2008] Although there had been reports in Pakistan about Rahim shortly after his arrest, virtually nothing was known about him until his transfer to Guantanamo. [Asian News International, 8/2/2007] He may have experienced extreme sleep deprivation during CIA interrogations (see August and November 2007).
Hayden's Memo - There still are no published photographs of him. At the same time Rahim is sent to Guantanamo, CIA Director Michael Hayden issues a memo to CIA employees explaining Rahim’s alleged importance. Hayden calls Rahim a “tough, seasoned jihadist” with “high-level contacts,” and claims his arrest “was a blow to more than one terrorist network. He gave aid to al-Qaeda, the Taliban, and other anti-coalition militants.” According to Hayden, Rahim sought chemicals for an attack on US forces in Afghanistan and tried to recruit people who had access to US military facilities there. He helped prepare Tora Bora as a hideout in 2001, and then helped al-Qaeda operatives flee the area when US forces overran it in late 2001. But perhaps most importantly, Rahim had become one of Osama bin Laden’s most trusted facilitators and translators in the years prior to Rahim’s arrest. [Los Angeles Times, 3/15/2008; New York Times, 3/15/2008]
John McCain and Joseph Lieberman, speaking to reporters in Amman, Jordan. [Source: Raw Story]Senator John McCain (R-AZ), the presumptive Republican nominee for president, repeatedly conflates the two main warring branches of Islam in statements made while visiting the Middle East. The quickly planned trip was designed to showcase McCain’s foreign policy sagacity, and contrast him with his Democratic opponents Hillary Clinton (D-NY) and Barack Obama (D-IL), whose relative lack of experience in foreign policy is being negatively portrayed by the McCain campaign.
Allegations of Cooperation between Iran and al-Qaeda - McCain twice says while in Jordan that it is “common knowledge” that Iran, a Shi’ite-led theocracy, is training al-Qaeda terrorists and sending them into Iraq to wreak havoc. Al-Qaeda is a Sunni organization. Sunni Muslims have contended for primacy with Shi’ite Muslims for centuries; much of the violence in Iraq is between Sunni and Shi’ite insurgents. “We continue to be concerned about Iranian[s] taking al-Qaeda into Iran, training them and sending them back,” he says in one instance, and adds: “Well, it’s common knowledge and has been reported in the media that al-Qaeda is going back into Iran and receiving training and are coming back into Iraq from Iran. That’s well known. And it’s unfortunate.” His traveling companion, Senator Joseph Lieberman (D-CT), whispers a correction in McCain’s ear, and McCain promptly corrects himself, “I’m sorry, the Iranians are training extremists, not al-Qaeda.”
Criticism of McCain - The Democratic National Committee responds to McCain’s statements by saying: “After eight years of the Bush administration’s incompetence in Iraq, McCain’s comments don’t give the American people a reason to believe that he can be trusted to offer a clear way forward. Not only is Senator McCain wrong on Iraq once again, but he showed he either doesn’t understand the challenges facing Iraq and the region or is willing to ignore the facts on the ground.” [New York Times, 3/18/2008; Raw Story, 3/18/2008]
Previous Similar Comments - McCain made a similar statement the day before while calling in to conservative radio host Hugh Hewitt’s talk show, saying, “As you know, there are al-Qaeda operatives that are taken back into Iran, given training as leaders, and they’re moving back into Iraq.” Hewitt did not correct the error. [Town Hall (.com), 3/17/2008] And on February 28, McCain told an audience in Texas, “But al-Qaeda is [in Iraq], they are functioning, they are supported in many times, in many ways by the Iranians.” [ThinkProgress (.org), 3/20/2008] McCain’s own campaign notes that McCain “immediately corrected” the error—a misstatement, as McCain made the mistake three different times in two days—and attacks the Democrats for McCain’s blunder by stating, “Democrats have launched political attacks today because they know the American people have deep concerns about their candidates’ judgment and readiness to lead as commander in chief.”
Media Reaction - Many in the mainstream media forgive or ignore McCain’s repeated gaffe. The Atlantic Monthly’s Marc Ambinder calls it “momentary confusion” on McCain’s part, again ignoring the fact that McCain made the same mistake three times in two days. [Atlantic Monthly, 3/18/2008] ABC’s Jake Tapper blames the blunder on “jet lag.” [ABC News, 3/18/2008] Both the Associated Press and CNN misreport McCain’s statement. Associated Press reporter Alfred de Montesquiou inaccurately reports that McCain “voiced concern that Tehran is bringing militants over the border into Iran for training before sending them back to fight US troops in Iraq, and blamed Syria for allegedly continuing to ‘expedite’ a flow of foreign fighters.” [Associated Press, 3/18/2008] And CNN’s Emily Sherman rewrites McCain’s statement, reporting, “During a press conference in Amman, Jordan, the Arizona senator also said there is a continued concern that Iran may be training Iraqi extremists in Iran and then sending them back into Iraq.” [CNN News, 3/18/2008]
Entity Tags: Joseph Lieberman, John McCain, Marc Ambinder, CNN, Hillary Clinton, Alfred de Montesquiou, Associated Press, Barack Obama, Democratic National Committee, Emily Sherman, Hugh Hewitt, Jake Tapper
Timeline Tags: Iraq under US Occupation
The Washington Post publishes a front page story promoting the myth that al-Qaeda has never been effectively penetrated by intelligence agencies. The article by Craig Whitlock is titled After a Decade at War With West, Al-Qaeda Still Impervious to Spies. It states that “al-Qaeda’s core organization in Pakistan and Afghanistan has so far proved impervious to damaging leaks.” It quotes Michael Scheuer, former head of the CIA’s bin Laden unit, who says that from 1992 until November 2004 (when he left the CIA), “[the CIA] worked side by side with the Egyptians, the Jordanians—the very best Arab intelligence services—and they didn’t recruit a single person who could report on al-Qaeda.” The article seems to be a reaction to the case of Abdelkader Belliraj, which was publicly exposed several weeks earlier, when Belliraj was arrested in Morocco (see February 18, 2008 and February 29, 2008). The article notes that Belliraj was a Belgian government informant and important Islamist militant leader who had al-Qaeda links for years and met with al-Qaeda second-in-command Ayman al-Zawahiri in Afghanistan (see 2001). Belliraj’s case seemingly undercuts the thrust of the article, but the rest of the article mostly quotes a series of anonymous intelligence officials who say penetrating al-Qaeda would be next to impossible. [Washington Post, 3/20/2008] Whitlock’s article ignores numerous reports that al-Qaeda has repeatedly been penetrated by the CIA and other intelligence agencies. For instance:
In 2002, US News and World Report reported, “Once thought nearly impossible to penetrate, al-Qaeda is proving no tougher a target than the KGB or the Mafia—closed societies that took the US government years to get inside.” An unnamed US intelligence official said: “We’re getting names, the different camps they trained at, the hierarchy, the infighting. It’s very promising” (see September 22, 2002).
In 2004, author Ronald Kessler wrote, “Often, the CIA used operatives from Arab intelligence services like those of Jordan, Syria, Egypt, and other countries to infiltrate bin Laden’s organization.” He quoted a longtime CIA officer who said, “Egyptians, Jordanians, [and] Palestinians penetrated the bin Laden organization for us. It’s B.S. that we didn’t” (see Before September 11, 2001).
In 2006, journalist Ron Suskind reported that by late 2002, the CIA had developed “a source from within Pakistan who was tied tightly into al-Qaeda management.” He also noted that other informants had been recruited since 9/11, and commented, “It has been generally acknowledged that the United States does not have any significant human sources… inside al-Qaeda. That is not true” (see Late 2002).
In a 2007 book, former CIA Director George Tenet claimed that the CIA had over 100 assets in Afghanistan by 9/11 (see Before September 11, 2001). He also claimed that “a group of assets from a Middle Eastern service” sharing information with the CIA penetrated al-Qaeda, and some of them penetrated al-Qaeda camps in Afghanistan before 9/11 (see Early September 2001).
In February 2008, the New York Times reported that French intelligence had an informant that penetrated al-Qaeda’s safe haven in Pakistan’s tribal region (see Late January 2008).
A front page article in the Los Angeles Times reports that the US effort to fight the financing of terrorism is “foundering.” Insiders complain that the Bush administration’s efforts are stumbling over legal difficulties, interagency fighting, and disagreements with allied nations. Michael Jacobson, a recently retired senior adviser in the Treasury Department’s Office of Terrorism and Financial Intelligence, says, “The international cooperation and focus is dropping, the farther we get from 9/11.” The Times notes that “Saudi Arabia, Pakistan and other key nations have not taken the necessary steps to crack down on terrorist financing or suspect money flowing across their borders.” Designations of terrorist financiers has slowed to a “trickle.” Militant groups are also using methods that are harder to trace, including sending money by donkey or mule. Robert Grenier, recently retired director of the CIA’s Counterterrorist Center, says the US has exaggerated the successes of financial enforcement: “There’s been a lot of work done on it, a lot of focus. But as a method for identifying and capturing terrorists, it has not been significant.” [Los Angeles Times, 3/24/2008]
Attorney General Michael Mukasey makes an apparent reference to the intercepts of the 9/11 hijackers’ calls by the NSA before the attacks in a speech pleading for extra surveillance powers. Mukasey says: “[Officials] shouldn’t need a warrant when somebody with a phone in Iraq picks up a phone and calls somebody in the United States because that’s the call that we may really want to know about. And before 9/11, that’s the call that we didn’t know about. We knew that there has been a call from someplace that was known to be a safe house in Afghanistan and we knew that it came to the United States. We didn’t know precisely where it went.” [FORA(.tv), 3/27/2008; New York Sun, 3/28/2008] According to a Justice Department response to a query about the speech, this appears to be a reference to the Yemen hub, an al-Qaeda communications facility previously alluded to by Mukasey in a similar context (see February 22, 2008). [Salon, 4/4/2008] However, the hub was in Yemen, not Afghanistan and, although it acted as a safe house, it was primarily a communications hub (see Early 2000-Summer 2001). In addition, the NSA did not intercept one call between it and the 9/11 hijackers in the US, but several, involving both Khalid Almihdhar and Nawaf Alhazmi, not just one of the hijackers (see Spring-Summer 2000, Mid-October 2000-Summer 2001, and (August 2001)). Nevertheless, the NSA failed to inform the FBI the hub was calling the US (see (Spring 2000)). (Note: it is possible Mukasey is not talking about the Yemen hub in this speech, but some other intercept genuinely from an al-Qaeda safe house in Afghanistan—for example a call between lead hijacker Mohamed Atta in the US and alleged 9/11 mastermind Khalid Shaikh Mohammed, who may have been in Afghanistan when such call was intercepted by the NSA (see Summer 2001 and September 10, 2001). However, several administration officials have made references similar to Mukasey’s about the Yemen hub since the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).)
Navy Lieutenant Commander Brian Mizer, the lawyer for Guantanamo detainee Salim Hamdan, says that senior Pentagon officials are orchestrating war crimes prosecutions for the 2008 presidential campaign. In a court brief filed on this day, Mizer describes a September 29, 2006 meeting at the Pentagon where Deputy Defense Secretary Gordon England asked lawyers to consider 9/11-related prosecutions in light of the upcoming presidential campaign. “We need to think about charging some of the high-value detainees because there could be strategic political value to charging some of these detainees before the election,” England is quoted as saying (see September 29, 2006). Pentagon spokesman Bryan Whitman refuses to discuss specifics of the case, but says that the Pentagon “has always been extraordinarily careful to guard against any unlawful command influence” in upcoming military commissions trials. Mizer says that because of England’s instructions, and other examples of alleged political interference, his client cannot get a fair trial. Three weeks before England’s observation about the “strategic political value” of the trials, President Bush disclosed that he had ordered the CIA to transfer “high-value detainees” from years of secret custody to Guantanamo for trial.
Issues 'Scrambled' - Attorney Eugene Fidell, president of the National Institute of Military Justice, says the Hamdan motion exposes the problem of Pentagon appointees’ supervisory relationship to the war court. “It scrambles relationships that ought to be kept clear,” he says. England’s statement, says Fidell, is “enough that you’d want to hold an evidentiary hearing about it, with live witnesses. It does strike me as disturbing for there to be even a whiff of political considerations in what should be a quasi-judicial determination.” Susan Crawford is the White House-appointed supervisor for the court proceedings; England is a two-term White House appointee who has supervised the prison camps’ administrative processes. Crawford, England, and other White House officials have crossed the legal barriers that separate various functions of a military court, Mizer argues. Mizer plans to call the former chief prosecutor for the Guantanamo trials, Morris Davis (see October 4, 2007), who first brought the England remark to light. Davis resigned his position after contending that political influence was interfering with the proper legal procedures surrounding the prosecution of accused war criminals.
Motion for Dismissal - Mizer’s motion asks the judge, Navy Captain Keith Allred, to dismiss the case against Hamdan as an alleged 9/11 co-conspirator on the grounds that Bush administration officials have exerted “unlawful command influence.” Hamdan is a former driver for Osama bin Laden whose lawyers successfully challenged an earlier war court format (see June 30, 2006). Hamdan’s case is on track to be the first full-scale US war crimes tribunal since World War II. [Miami Herald, 3/28/2008]
Entity Tags: Michael Hayden, Eugene R. Fidell, Central Intelligence Agency, Bryan Whitman, Brian Mizer, George W. Bush, Gordon England, Keith Allred, US Department of Defense, Salim Ahmed Hamdan, Susan Crawford, Morris Davis, Osama bin Laden
Timeline Tags: Torture of US Captives, Civil Liberties, 2008 Elections
Fox News reports that the FBI has narrowed its focus to “about four” suspects in its investigation of the 2001 anthrax attacks (see October 5-November 21, 2001). At least three of them are said to be scientists linked to USAMRIID, the US Army’s bioweapons lab at Fort Detrick, Maryland. One is said to be a former deputy commander, another is a leading anthrax scientist, and another is a microbiologist. None of them are said to be Steven Hatfill, a scientist who once worked at USAMRIID and was previously suspected. Fox News reports that the attacks came from a USAMRIID scientist or scientists, and, “A law enforcement source said the FBI is essentially engaged in a process of elimination.” Fox News also claims to have obtained an e-mail of USAMRIID scientists discussing how the anthrax powder they had been asked to analyze after the attacks was nearly identical to that made by one of their colleagues. The undated e-mail reads: “Then he said he had to look at a lot of samples that the FBI had prepared… to duplicate the letter material. Then the bombshell. He said that the best duplication of the material was the stuff made by [name redacted]. He said that it was almost exactly the same… his knees got shaky and he sputtered, ‘But I told the general we didn’t make spore powder!’” [Fox News, 3/28/2008] In August 2008, one of the authors of the Fox News story will say that one of the four suspects was Bruce Ivins, and the e-mail was from 2005 and forwarded by Ivins, but not written by him. [Fox News, 8/4/2008]
Some media outlets pick up on a claim made by Attorney General Michael Mukasey on March 27, 2008, when he said that the US intercepted a call to a 9/11 hijacker in the US from an al-Qaeda safe house in Afghanistan (see March 27, 2008). This was possibly a garbled reference to an al-Qaeda hub in Yemen (see Early 2000-Summer 2001) mentioned by several administration officials since the NSA’s warrantless wiretapping story was exposed (see December 17, 2005). The San Francisco Chronicle notes that Mukasey “did not explain why the government, if it knew of telephone calls from suspected foreign terrorists, hadn’t sought a wiretapping warrant from a court established by Congress to authorize terrorist surveillance, or hadn’t monitored all such calls without a warrant for 72 hours as allowed by law.” [San Francisco Chronicle, 3/28/2008] Salon commentator and former civil rights litigator Glenn Greenwald will attack Mukasey over the story, commenting, “These are multiple falsehoods here, and independently, this whole claim makes no sense.” [Salon, 3/29/2008; Salon, 4/4/2008]
9/11 Commission Comment - In response to a query from Greenwald, former 9/11 Commission executive director Philip Zelikow comments: “Not sure of course what [Mukasey] had in mind, although the most important signals intelligence leads related to our report… was not of this character. If, as he says, the [US government] didn’t know where the call went in the US, neither did we.” [Salon, 4/3/2008] (Note: the 9/11 Commission report may actually contain two cryptic references to what Mukasey is talking about (see Summer 2002-Summer 2004).) [9/11 Commission, 7/24/2004, pp. 87-88, 222] Former 9/11 Commission vice chairman Lee Hamilton initially refuses to comment, but later says: “I am unfamiliar with the telephone call that Attorney General Mukasey cited in his appearance in San Francisco on March 27. The 9/11 Commission did not receive any information pertaining to its occurrence.” [Salon, 4/3/2008; Salon, 4/8/2008]
Other Media - The topic will also be covered by Raw Story and mentioned by MSNBC host Keith Olbermann, who also attacks Mukasey: “What? The government knew about some phone call from a safe house in Afghanistan into the US about 9/11? Before 9/11?” He adds: “Either the attorney general just admitted that the government for which he works is guilty of malfeasant complicity in the 9/11 attacks, or he’s lying. I’m betting on lying.” [Raw Story, 4/1/2008; MSNBC, 4/1/2008; Raw Story, 4/3/2008] The story is also picked up by CBS commentator Kevin Drum, who appears to be unaware that information about some NSA intercepts of the hijackers’ calls was first made public by the Congressional Inquiry five years previously. However, Drum comments: “[T]his deserves some followup from the press. Mukasey has spoken about this in public, so if he’s claiming that FISA prevented us from intercepting a key call before 9/11 he also needs to defend that in public.” [CBS, 4/3/2008; CBS, 4/4/2008] A group of Congressmen also formally asks the Justice Department for an explanation of the matter (see April 3, 2008).
The American Civil Liberties Union (ACLU) secures an 81-page memo from March 14, 2003 that gave Pentagon officials legal justification to ignore laws banning torture (see March 14, 2003). The Justice Department memo was written by John Yoo, then a top official at the Office of Legal Counsel, on behalf of then-Pentagon General Counsel William J. Haynes. It guides Pentagon lawyers on how to handle the legal issues surrounding “military interrogations of alien unlawful combatants held outside the United States.” According to Yoo’s rationale, if a US interrogator injured “an enemy combatant” in a way that might be illegal, “he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” That motive, Yoo opines, justifies extreme actions as national self-defense. While the existence of the memo has been known for some time, this is the first time the public has actually seen the document. This memo is similar to other Justice Department memos that define torture as treatment that “shock[s] the conscience” and risks organ failure or death for the victim. Legal scholars call the memo evidence of “the imperial presidency,” but Yoo, now a law professor at the University of California at Berkeley, says the memo is unremarkable, and is “far from inventing some novel interpretation of the Constitution.” The ACLU receives the document as the result of a Freedom of Information Act (FOIA) request from itself, the New York Civil Liberties Union, and other organizations filed in June 2004 to obtain documents concerning the treatment of prisoners kept abroad. The Yoo memo is one of the documents requested. [John C. Yoo, 3/14/2003 ; United Press International, 4/2/2008; American Civil Liberties Union, 4/2/2008] According to the ACLU, the memo not only allows military officials to ignore torture prohibitions, but allows the president, as commander in chief, to bypass both the Fourth and Fifth Amendments (see April 2, 2008). [American Civil Liberties Union, 4/2/2008] The Fourth Amendment grants the right for citizens “to be secure in their persons” and to have “probable cause” shown before they are subjected to “searches and seizures.” The Fifth Amendment mandates that citizens cannot be “deprived of life, liberty, or property, without due process of law.” [Cornell University Law School, 8/19/2007] Amrit Singh, an ACLU attorney, says: “This memo makes a mockery of the Constitution and the rule of law. That it was issued by the Justice Department, whose job it is to uphold the law, makes it even more unconscionable.” [American Civil Liberties Union, 4/2/2008]
The American Civil Liberties Union (ACLU), fresh from obtaining the release of a 2003 Justice Department memo that justified torture for US military officials (see April 1, 2008), calls on the Bush administration to release a still-secret Justice Department memo from October 2001 that the 2003 memo used as legal justification to ignore the Fourth Amendment (see October 23, 2001). The Fourth Amendment protects against unlawful search and seizure. The 2001 memo claims that the “Fourth Amendment had no application to domestic military operations.” The ACLU believes that the Fourth Amendment justification “was almost certainly meant to provide a legal basis for the National Security Agency’s warrantless wiretapping program, which President Bush launched the same month the memo was issued” (see Shortly After September 11, 2001-October 2005), a claim the Justice Department denies. The NSA is part of the Defense Department. Jameel Jaffer, director of the ACLU’s National Security Project, says: “The recent disclosures underscore the Bush administration’s extraordinarily sweeping conception of executive power. The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties, and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” No one has ever tried to assert, before this memo was written, that the Fourth Amendment was legally impotent for any reason or justification inside US borders. Jaffer notes that no court has ever ruled that the Fourth Amendment does not apply to the military: “In general, the government can’t send an FBI agent to search your home or listen to your phone calls without a warrant, and it can’t send a soldier to do it, either. The applicability of the Fourth Amendment doesn’t turn on what kind of uniform the government agent is wearing.” The ACLU has known about the October 2001 memo for several months, but until now has not known anything of its contents. In response to a 2007 Freedom of Information lawsuit, the Justice Department acknowledged the existence of “a 37-page memorandum, dated October 23, 2001, from a deputy assistant attorney general in OLC [Office of Legal Counsel], and a special counsel, OLC, to the counsel to the president, prepared in response to a request from the White House for OLC’s views concerning the legality of potential responses to terrorist activity.” The only information publicly known about the memo was that it was related to a request for information about the NSA’s warrantless wiretapping program. The ACLU has challenged the withholding of the October 2001 memo in court. [American Civil Liberties Union, 4/2/2008]
John Yoo, the author of the just-released 2003 torture memo that advocated virtually unlimited presidential powers and asserted that US military can torture terrorist suspects (see March 14, 2003 and April 1, 2008), says that the memo is anything but extraordinary, and accuses his Justice Department successors of giving in to political pressures. Yoo is a former Justice Department official who now teaches law at the University of California at Berkeley. Yoo says the Justice Department altered its opinions “for appearances’ sake,” and his successors “ignored the Department’s long tradition in defending the president’s authority in wartime.” The memo did not “invent… some novel interpretation of the Constitution… our legal advice to the president, in fact, was near boilerplate.” [Washington Post, 4/2/2008] Yoo says that memos such as his sacrificed sensibility for exactitude, and asserts that he felt it necessary to be as detailed and specific as possible. “You have to draw the line. What the government is doing is unpleasant. It’s the use of violence. I don’t disagree with that. But I also think part of the job unfortunately of being a lawyer sometimes is you have to draw those lines. I think I could have written it in a much more—we could have written it in a much more palatable way, but it would have been vague.” [Washington Post, 4/6/2008] Others do not agree with Yoo’s defense (see April 2-4, 2008).
The Electronic Frontier Foundation joins the American Civil Liberties Union in its skeptical response to the news of a secret October 2001 Justice Department memo that says the Fourth Amendment does not apply in government actions taken against terrorists (see April 2, 2008). “Does this mean that the administration’s lawyers believed that it could spy on Americans with impunity and face no Fourth Amendment claim?” it asks in a statement. “It may, and based on the thinnest of legal claims—that Congress unintentionally allowed mass surveillance of Americans when it passed the Authorization of Use of Military Force in… 2001 (see September 14-18, 2001) .… In short, it appears that the administration may view NSA domestic surveillance, including the surveillance of millions of ordinary Americans… as a ‘domestic military operation.’ If so, this Yoo memo would blow a loophole in the Fourth Amendment big enough to fit all of our everyday telephone calls, web searches, instant messages and emails through.… Of course, the [Justice Department’s] public defense of the NSA program also asserted that warrantless surveillance did not violate the Fourth Amendment.… But the memo referenced above raises serious questions. The public deserves to know whether the 2001 Yoo memo on domestic military operations—issued the same month that the NSA program began—asserted that the Fourth Amendment did not apply to domestic surveillance operations conducted by the NSA. And of course it reinforces why granting immunity aimed at keeping the courts from ruling on the administration’s flimsy legal arguments is wrongheaded and dangerous.” [Electronic Frontier Foundation, 4/2/2008]
The American Civil Liberties Union learns of another Justice Department memo in a Freedom of Information Act (FOIA) response that produces a 2003 memo supporting the use of torture against terror suspects (see April 1, 2008). This 2001 memo (see October 23, 2001), says that the Constitution’s protections against unreasonable searches and seizures—fundamental Fourth Amendment rights—do not apply in the administration’s efforts to combat terrorism. The Bush administration now says it disavows that view.
Background - The memo was written by John Yoo, then the deputy assistant attorney general, and the same lawyer who wrote the 2003 torture memo. It was written at the request of the White House and addressed to then-Attorney General Alberto Gonzales. The administration wanted a legal opinion on its potential responses to terrorist activity. The 37-page memo itself has not yet been released, but was mentioned in a footnote of the March 2003 terror memo. “Our office recently concluded that the Fourth Amendment had no application to domestic military operations,” the footnote states, referring to a document titled “Authority for Use of Military Force to Combat Terrorist Activities Within the United States.”
Relationship to NSA Wiretapping Unclear - It is not clear exactly what domestic military operations the October memo covers, but federal documents indicate that the memo relates to the National Security Agency’s Terrorist Surveillance Program (TSP). The TSP began after the 9/11 attacks, allowing for warrantless wiretaps of phone calls and e-mails, until it stopped on January 17, 2007, when the administration once again began seeking surveillance warrants from the Foreign Intelligence Surveillance Court (see May 1, 2007). White House spokesman Tony Fratto says that the October 2001 memo is not the legal underpinning for the TSP. Fratto says, “TSP relied on a separate set of legal memoranda” outlined by the Justice Department in January 2006, a month after the program was revealed by the New York Times (see February 2001, After September 11, 2001, and December 15, 2005). Justice Department spokesman Brian Roehrkasse says department officials do not believe the October 2001 memo was about the TSP, but refuses to explain why it was included on FOIA requests for documents linked to the TSP.
No Longer Applicable - Roehrkasse says the administration no longer holds the views expressed in the October 2001 memo. “We disagree with the proposition that the Fourth Amendment has no application to domestic military operations,” he says. “Whether a particular search or seizure is reasonable under the Fourth Amendment requires consideration of the particular context and circumstances of the search.” The ACLU’s Jameel Jaffer is not mollified. “The recent disclosures underscore the Bush administration’s extraordinarily sweeping conception of executive power,” he says. “The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” He continues, “Each time one of these memos comes out you have to come up with a more extreme way to characterize it.” The ACLU has filed a court suit to challenge the government’s withholding of the memo. [Associated Press, 4/3/2008] Another civil rights group, the Electronic Frontier Foundation, joins the ACLU in challenging the memo (see April 2, 2008).
Entity Tags: Jameel Jaffer, Brian Roehrkasse, American Civil Liberties Union, Alberto R. Gonzales, Bush administration (43), Foreign Intelligence Surveillance Court, Terrorist Surveillance Program, US Department of Justice, John C. Yoo, Electronic Frontier Foundation, Tony Fratto
Timeline Tags: Civil Liberties
The American Civil Liberties Union (ACLU), responding to a recently released Justice Department memo authorizing a wide array of torture techniques against detainees in US custody (see April 1, 2008), decries both the authorization of torture as an acceptable interrogation methodology and “the Bush administration’s extraordinarily sweeping conception of executive power.” ACLU lawyer Jameel Jaffer adds: “The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties, and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” [American Civil Liberties Union, 4/2/2008]
Legal experts and media observers react with shock and anger at former Justice Department lawyer John Yoo’s defense of his March 2003 torture defense (see April 2, 2008). Eugene Fidell, who teaches military justice at Yale and American University, says: “This is a monument to executive supremacy and the imperial presidency. It’s also a road map for the Pentagon for fending off any prosecutions.” [New York Times, 4/2/2008] Thomas J. Romig, the Army’s judge advocate general at the time the memo was issued, says that Yoo’s memo seems to argue that there are no rules in a time of war, an argument Romig finds “downright offensive.” [Washington Post, 4/2/2008] Retired Air Force General Richard B. Myers, chairman of the Joint Chiefs of Staff when the memo was written, says that he never saw the document authorizing harsh military interrogations and that its narrow definition of torture is “absolutely ludicrous.” Myers adds: “I frankly don’t know anyone in the military who bought into that as a good definition of when you cross the line. In the end, you want to do the right thing. I worry most about reciprocity, how other countries will treat us.” [Washington Post, 4/4/2008] Legal experts (see April 2-6, 2008) and media observers (see April 4, 2008) join in criticizing Yoo’s rationale for the torture memo.
Several legal experts join the retired military officials (see April 2-4, 2008) and media pundits (see April 4, 2008) who have spoken out against former Justice Department lawyer John Yoo’s 2003 torture memo (see April 2, 2008). Dawn Johnsen, the head of the Justice Department’s Office of Legal Counsel during the Clinton administration, says of Yoo’s memo: “Having 81 pages of legal analysis with its footnotes and respectable-sounding language makes the reader lose sight of what this is all about. He is saying that poking people’s eyes out and pouring acid on them is beyond Congress’s ability to limit a president. It is an unconscionable document.” [Washington Post, 4/6/2008] Former Office of Legal Counsel lawyer Martin Lederman, now a law professor at Georgetown University, says the Yoo memo helped create a legal environment that allowed prisoner abuses at Abu Ghraib. “What else could have been the source of belief in Iraq that the gloves were off and all laws could be disregarded with impunity?” Lederman asks. “It created a world in which everyone on the ground believed the laws did not apply. It was a law-free zone.” [Washington Post, 4/2/2008] Doug Cassell, the director of Notre Dame Law School’s Center for Civil and Human Rights, says: “This newly disclosed memo confirms that John Yoo inflicted his legal theory, that the commander in chief can do anything in wartime, not only on the CIA, but on the Pentagon as well. Yet when the Justice Department revoked the Yoo memos, it expressly declined to address that theory. It is high time for the Justice Department to repudiate Yoo’s pernicious doctrine, once and for all.” [Institute for Public Accuracy, 4/2/2008]
A group of congressmen led by House Judiciary Committee Chairman John Conyers (D-MI) asks for an explanation of a recent statement by Attorney General Michael Mukasey about a pre-9/11 NSA intercept of a call to the 9/11 hijackers in the US (see March 27, 2008 and March 29, 2008). The group calls Mukasey’s statement “disturbing” and says it “appears to suggest a fundamental misunderstanding of the federal government’s existing surveillance authority to combat terrorism, as well as possible malfeasance by the government prior to 9/11.” Mukasey had implied that the law prior to 9/11 did not allow the call to be traced, but the congressmen state: “[I]f the administration had known of such communications from suspected terrorists, they could and should have been intercepted based on existing FISA law.… [A]s of 9/11 FISA specifically authorized such surveillance on an emergency basis without a warrant for a 48 hour period.” They ask Mukasey to clarify his comments. The congressmen also ask about a secret Justice Department memo regarding the president’s powers in wartime in the US (see April 1, 2008). [Raw Story, 4/3/2008]
Attorneys for US soldiers charged with abuse at Iraq’s Abu Ghraib prison say they will use the recently released Justice Department torture memo (see March 14, 2003 and April 1, 2008) to show that the highest levels of government condoned the harsh interrogations and brutality used against prisoners in US detention facilities. The government argues that the brutal treatment meted out to detainees in Abu Ghraib was performed by low-ranking soldiers without military or government authorization. The Justice Department has already dropped 22 of 24 cases of detainee abuse against civilian employees and contractors referred by the CIA and Defense Department, and a US official says the torture memo’s legal arguments—interrogators are exempt from criminal liability—may have been part of the reason why those cases were dropped. A law enforcement official involved in the decisions says: “Could it conceivably have played a role in deciding whether to prosecute or not? Certainly, in theory. If there was a memo blessing behavior at a certain point in time, and someone relied on legal guidance, could they have formed the necessary intent” to break the law? Lawyer Charles Gittins, representing Army Private Charles Graner Jr. in Graner’s appeal of his convictions stemming from his abuse of prisoners at Abu Ghraib, says the memo seems to show that President Bush suspended maltreatment laws for the military during a time of war. Gittins will submit the document to Graner’s parole board when it meets in May. [Washington Post, 4/4/2008]
The Congressional Quarterly reports on a growing body of evidence that indicates US interrogators are using mind-altering drugs on prisoners suspected of terrorist ties. The evidence is not yet conclusive, but reporter Jeff Stein writes: “There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.”
Connection to Yoo Memo - The idea that the US might be using hallucinogenic or other drugs on detainees in Guantanamo and other US detention facilities was bolstered by the recent revelation of another “torture memo,” this one written in 2003 by then-Justice Department lawyer John Yoo (see March 14, 2003). Yoo wrote that US interrogators could use mind-altering drugs on terror suspects as long as the drugs did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” Yoo first rationalized the use of drugs on prisoners in earlier “torture memos” (see January 9, 2002 and August 1, 2002).
Criticism - Stephen Miles, a bioethicist and author of a recent book detailing medical complicity in US torture of suspected terrorists, notes: “The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid. The recent memo on mood-altering drugs does not extend previous work on this area. The use of these drugs was anticipated and discussed in the memos of January and February 2002 by [Defense Department, Justice Department], and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.” Jeffrey Kaye, a clinical psychologist who works with torture victims through Survivors International, says plainly: “Yes, I believe [drugs] have been used. I came across some evidence that they were using mind-altering drugs, to regress the prisoners, to ascertain if they were using deception techniques, to break them down.”
Varieties of Drugs and Placebos Being Used? - It is well known that US military personnel often use sedatives on shackled and hooded prisoners on “rendition” flights from Middle Eastern countries to Guantanamo. There is no hard evidence to support claims that US interrogators are using hallucinogenic drugs such as LSD on detainees. However, Michael Caruso, who represents suspected al-Qaeda operative Jose Padilla (see May 8, 2002), filed a motion last year asserting that his client “was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.” Caruso had no proof to back up his claim.
KUBARK - Stein notes that a 1963 CIA interrogation manual, code-named KUBARK, advocated the use of placebos as well as real drugs on prisoners. And Michael Gelles, a psychologist with the Naval Criminal Investigative Institute who has spoken out against the abuse of prisoners at Guantanamo, says that he never saw anything related to drugs. “I never saw that raised as an issue,” he says. Hallucinogens such as LSD do not make subjects tell the truth. According to KUBARK, “Their function is to cause capitulation, to aid in the shift from resistance to cooperation.”
Winging It - In July 2003, the CIA, the RAND Corporation, and the American Psychological Association hosted a workshop that explored the question of using drugs to “affect apparent truth-telling behavior” (see June 17-18, 2003). After 9/11, top Bush administration officials pushed military commanders for quick intelligence but, according to a recent study, the interrogators unsure how to use harsher methodologies (see December 2006) and began “mak[ing] it up on the fly.”
Guantanamo - Guantanamo staff judge advocate Lieutenant Colonel Diane Beaver says that some of the interrogators drew inspiration from the popular TV drama 24 (see Fall 2006). Beaver makes no mention of drugs being used, but Ewe Jacobs, the director of Survivors International, says she may not have seen or heard about their use. “The Guantanamo camps were isolated from one another,” he says. What happened in one part of the facility may not have been known in other areas. Miles adds, “I suspect that most of the use of interrogational drugs was by CIA and Special Ops interrogators, and thus still remains classified.”
Credibility Issues - As with victims of the CIA’s MK-ULTRA program from the 1960s and 70s, when unwitting subjects were dosed with hallucinogenic drugs and their reactions catalogued and observed, the detainees who may have been forcibly given such drugs will likely not be believed by many. Absent hard evidence, many will consider the detainees either “looney,” in Stein’s words, or liars. Few believe that Padilla was drugged. And, Stein concludes, “Even fewer will believe the other prisoners, a number of whom are deranged from prolonged interrogation—if they ever get out.” [Congressional Quarterly, 4/4/2008]
Entity Tags: Jose Padilla, Ewe Jacobs, Diane E. Beaver, Central Intelligence Agency, Bush administration (43), American Psychological Association, Jeff Stein, John C. Yoo, Richard (“Dick”) Cheney, US Department of the Army, Jeffrey Kaye, Stephen Miles, RAND Corporation, Michael Caruso, Michael Gelles, Survivors International
Timeline Tags: Torture of US Captives
The New York Times’s editorial board berates former Justice Department lawyer John Yoo for his defense of his 2003 advocacy of torture (see April 2, 2008), joining retired military officials (see April 2-4, 2008) and legal experts (see April 2-6, 2008). The board writes: “You can often tell if someone understands how wrong their actions are by the lengths to which they go to rationalize them. It took 81 pages of twisted legal reasoning to justify President Bush’s decision to ignore federal law and international treaties and authorize the abuse and torture of prisoners. Eighty-one spine-crawling pages in a memo that might have been unearthed from the dusty archives of some authoritarian regime and has no place in the annals of the United States. It is must reading for anyone who still doubts whether the abuse of prisoners were rogue acts rather than calculated policy.… The purpose of the March 14 memo was equally insidious: to make sure that the policy makers who authorized those acts, or the subordinates who carried out the orders, were not convicted of any crime.… Reading the full text, released this week, makes it startlingly clear how deeply the Bush administration corrupted the law and the role of lawyers to give cover to existing and plainly illegal policies.… When the abuses at Abu Ghraib became public, we were told these were the depraved actions of a few soldiers. The Yoo memo makes it chillingly apparent that senior officials authorized unspeakable acts and went to great lengths to shield themselves from prosecution.” [New York Times, 4/4/2008]
Author and former civil litigator Glenn Greenwald writes that he is angered, but not particularly shocked, at the US mainstream media’s failure to provide in-depth, extensive coverage of the recently released 2003 torture memo (see March 14, 2003 and April 1, 2008) and another memo asserting that the Bush administration had declared the Fourth Amendment null and void in reference to “domestic military operations” inside the US (see April 2, 2008). Greenwald also notes the lack of coverage of a recent puzzling comment by Attorney General Michael Mukasey about 9/11 (see March 27, 2008). Instead, Greenwald notes, stories about the Democratic presidential campaign (including criticism over Barack Obama’s relationship with his former pastor, Jeremiah Wright, and Obama’s recent bowling scores) have dominated press coverage. According to a recent NEXIS search, these various topics have been mentioned in the media in the last thirty days:
“Yoo and torture” (referring to John Yoo, the author of the two memos mentioned above)—102.
“Mukasey and 9/11”—73.
“Yoo and Fourth Amendment”—16.
“Obama and bowling”—1,043.
“Obama and Wright”—More than 3,000 (too many to be counted).
“Obama and patriotism”—1,607.
“Clinton and Lewinsky”—1,079. [Salon, 4/5/2008]
(For the record, on March 30, Obama went bowling in Pennsylvania during a campaign stop, in the company of Senator Bob Casey (D-PA). Newsmax is among the many media outlets that provided play-by-play coverage of Obama’s abysmal performance on the lanes—he scored a 37. The site reported that Obama lost “beautifully” and was “way out of his league.”) [NewsMax, 3/31/2008]
Media Attacks Obama's 'Elitism' - The Washington Post’s Howard Kurtz gives over much of his column to a discussion of Obama’s eating and bowling habits, making the argument, according to Greenwald, that Obama is “not a regular guy but an arrogant elitist.” Kurtz defends his argument by compiling a raft of “similar chatter about this from Karl Rove” and others. Bloomberg’s Margaret Carlson spent a week’s worth of columns calling Obama’s bowling his biggest mistake, a “real doozy.” MSNBC reported that Obama went bowling “with disastrous consequences.” Greenwald notes that the media “as always,” takes “their personality-based fixations from the right, who have been promoting the Obama is an arrogant, exotic, elitist freak narrative for some time.” In this vein, Time’s Joe Klein wrote of what he called Obama’s “patriotism problem,” saying that “this is a chronic disease among Democrats, who tend to talk more about what’s wrong with America than what’s right.” Greenwald notes, “He trotted it all out—the bowling, the lapel pin, Obama’s angry, America-hating wife, ‘his Islamic-sounding name.’” Greenwald calls the media fixation on Obama’s bowling and his apparent failure to be a “regular guy” another instance of their “self-referential narcissism—whatever they sputter about is what ‘the people’ care about, and therefore they must keep harping on it, because their chatter is proof of its importance. They don’t need Drudge to rule their world any longer because they are Matt Drudge now.” [Salon, 4/5/2008]
Entity Tags: Michael Mukasey, Matt Drudge, Richard (“Dick”) Cheney, MSNBC, Joe Klein, Barack Obama, Bob Casey, Jr, Bush administration (43), George W. Bush, Glenn Greenwald, Margaret Carlson, Jeremiah A. Wright Jr, Howard Kurtz, NewsMax
Timeline Tags: Torture of US Captives, Domestic Propaganda, 2008 Elections
The press reports that, beginning in the spring of 2002, top Bush administration officials approved specific details about how terrorism suspects would be interrogated by the CIA. The officials issued their approval as part of their duties as the National Security Council’s Principals Committee (see April 2002 and After). [ABC News, 4/9/2008] The American Civil Liberties Union’s Caroline Fredrickson says: “With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House. This is what we suspected all along.” [Associated Press, 4/10/2008]
Law professor Jonathan Turley, discussing recent revelations that top White House officials regularly met to discuss and approve torture methods for terror suspects in US custody (see April 2002 and After and April 11, 2008), says: “What you have are a bunch of people talking about what is something that’s a crime. For those of us who look at the criminal code and see torture for what it is, this is like a meeting of the Bada Bing club. These people are sitting around regularly talking about something defined as a crime. Then you have [former Attorney General] John Ashcroft standing up and saying, maybe we shouldn’t be talking about this at the White House. Well, obviously, that’s quite disturbing. It shows that this was a program, not just some incident, not just someone going too far. It was a torture program, implemented by the United States of America and approved as the very highest level. And it goes right to the president’s desk. And it’s notable that this group wanted to get lawyers to sign off on this, and they found those lawyers, people like Jay Bybee and John Yoo (see August 1, 2002). And those people were handsomely rewarded. In Bybee’s case, he became a federal judge after signing off on a rather grotesque memo that said that they could do everything short of causing organ failure or death.” Asked if what the White House officials did could lead to war crimes prosecutions, Turley answers: “It’s always been a war crimes trial ready to happen. But Congress is like a convention of Claude Rains actors. Everyone’s saying, we’re shocked, shocked; there’s torture being discussed in the White House. But no one is doing anything about it. So what we have is the need for someone to get off the theater and move to the actual in going and trying to investigate these crimes.” [MSNBC, 4/10/2008]
John Conyers. [Source: Public domain / US Congress]Democrats in Congress lambast the Bush administration over recent disclosures that senior White House officials specifically approved the use of extreme interrogation measures against suspected terrorists (see April 2002 and After). Senator Edward Kennedy (D-MA) calls the news “yet another astonishing disclosure about the Bush administration and its use of torture.… Who would have thought that in the United States of America in the 21st century, the top officials of the executive branch would routinely gather in the White House to approve torture? Long after President Bush has left office, our country will continue to pay the price for his administration’s renegade repudiation of the rule of law and fundamental human rights.” [Associated Press, 4/10/2008] John Conyers (D-MI), chairman of the House Judiciary Committee, calls the actions “a stain on our democracy.” Conyers says his committee is considering subpoenaing members of the Principals, and perhaps the author of the torture memo, John Yoo (see August 1, 2002), to testify about the discussions and approvals. [Progressive, 4/14/2008]
President Bush admits he knew about his National Security Council Principals Committee’s discussion and approval of harsh interrogation methods against certain terror suspects (see April 2002 and After). Earlier reports had noted that the Principals—a group of top White House officials led by then-National Security Adviser Condoleezza Rice—had deliberately kept Bush “out of the loop” in order for him to maintain “deniability.” Bush tells a reporter: “Well, we started to connect the dots in order to protect the American people. And yes, I’m aware our national security team met on this issue. And I approved.” Bush says that the news of those meetings to consider extreme interrogation methods was not “startling.” He admitted as far back as 2006 that such techniques were being used by the CIA (see September 6, 2006). But only now does the news of such direct involvement by Bush’s top officials become public knowledge. The Principals approved the waterboarding of several terror suspects, including Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003 and March 10, 2007); Bush defends the use of such extreme measures against Mohammed, saying: “We had legal opinions that enabled us to do it. And no, I didn’t have any problem at all trying to find out what Khalid Shaikh Mohammed knew.… I think it’s very important for the American people to understand who Khalid Shaikh Mohammed was. He was the person who ordered the suicide attack—I mean, the 9/11 attacks.” [ABC News, 4/11/2008] Bush’s admission is no surprise. The day before Bush makes his remarks, law professor Jonathan Turley said: “We really don’t have much of a question about the president’s role here. He’s never denied that he was fully informed of these measures. He, in fact, early on in his presidency—he seemed to brag that they were using harsh and tough methods. And I don’t think there’s any doubt that he was aware of this. The doubt is simply whether anybody cares enough to do anything about it.” [MSNBC, 4/10/2008]
The American Civil Liberties Union (ACLU) calls for an independent counsel to investigate President Bush and his current and former top officials over their involvement in approving torture against terror suspects held captive by US military and intelligence personnel (see April 2002 and After and April 11, 2008). The ACLU’s executive director, Anthony Romero, says: “We have always known that the CIA’s use of torture was approved from the very top levels of the US government, yet the latest revelations about knowledge from the president himself and authorization from his top advisers only confirms our worst fears. It is a very sad day when the president of the United States subverts the Constitution, the rule of law, and American values of justice.” The ACLU’s Caroline Frederickson adds: “No one in the executive branch of government can be trusted to fairly investigate or prosecute any crimes since the head of every relevant department, along with the president and vice president, either knew [of] or participated in the planning and approval of illegal acts. Congress cannot look the other way; it must demand an independent investigation and independent prosecutor.” Romero says the ACLU is offering legal assistance to any terrorism suspect being prosecuted by the US: “It is more important than ever that the US government, when seeking justice against those it suspects of harming us, adhere to our commitment to due process and the rule of law. That’s why the ACLU has taken the extraordinary step to offer our assistance to those being prosecuted under the unconstitutional military commissions process.” [American Civil Liberties Union, 4/12/2008]
Ruth Conniff. [Source: PBS]Columnist and veteran news commentator Ruth Conniff writes in the Progressive that she is disturbed both by the news that senior Bush officials signed off on the use of specific torture methods against al-Qaeda suspects in US custody (see April 2002 and After), and by the fact that the mainstream media, with notable exceptions, has virtually ignored the story. Between this story and the follow-up that President Bush himself knew of the discussions and approvals (see April 11, 2008), Conniff asks: “Why is this not bigger news? Remember when the nation was brought to a virtual standstill over Bill Clinton’s affair with a White House intern? We now have confirmation that the president of the United States gave the OK for his national security team to violate international law and plot the sordid details of torture. The Democrats in Congress should be raising the roof.” [Progressive, 4/14/2008]
The American Civil Liberties Union (ACLU) releases Defense Department documents that confirm the military’s use of illegal interrogation methods on detainees held in US custody in Afghanistan. The documents, obtained through a Freedom of Information Act lawsuit, are from an Army Criminal Investigation Division (CID) probe. The ACLU’s Amrit Singh says: “These documents make it clear that the military was using unlawful interrogation techniques in Afghanistan. Rather than putting a stop to these systemic abuses, senior officials appear to have turned a blind eye to them.” In the CID reports, Special Operations officers in Gardez, Afghanistan, admitted to using what are known as Survival, Evasion, Resistance, and Escape (SERE) techniques, which for decades American service members experienced as training to prepare for the brutal treatment they might face if captured (see December 2001, January 2002 and After, and July 2002). At least eight prisoners in custody at Gardez were beaten, burned, and doused with cold water before being placed into freezing weather conditions. One of the eight prisoners, Jamal Naseer, died in US custody (see March 16, 2003). Subsequent investigations ignored numerous witness statements describing torture; Naseer was eventually declared dead due to a “stomach ailment.” The documents also provide evidence showing that prisoners were sodomized. “These documents raise serious questions about the adequacy of the military’s investigations into prisoner abuse,” says Singh. [American Civil Liberties Union, 4/16/2008]
The Justice Department launches an investigation into whether its former officials acted properly in advising President Bush that his wartime authority trumped domestic law, United Nations treaties, and international bans on torture. The investigation hinges on a March 2003 memo written by then-Office of Legal Counsel lawyer John Yoo that approved of Bush officials’ intent to use torture (see March 14, 2003). Senator Sheldon Whitehouse (D-RI) says the investigation will “help us discover what went wrong and how to put it right.” Whitehouse continues, “The abject failure of legal scholarship in the Office of Legal Counsel’s analysis of torture suggests that what mattered was not that the reasoning was sound, or that the research was comprehensive, but that it delivered what the Bush administration wanted.” Justice Department spokesman Brian Roehrkasse says that the investigation is part of an overall investigation that has been underway for years. [Associated Press, 4/17/2008]
Iranian President Mahmoud Ahmadinejad declares: “Four or five years ago, a suspicious event occurred in New York. A building collapsed and they said that 3,000 people had been killed but never published their names.… Under this pretext, [the US] attacked Afghanistan and Iraq and since then, a million people have been killed only in Iraq.” [Ha'aretz, 4/17/2008]
Former Israeli Prime Minister Benjamin Netanyahu tells an audience at Bar Ilan university in Israel that the 9/11 attacks were beneficial for Israel. “We are benefiting from one thing, and that is the attack on the Twin Towers and Pentagon, and the American struggle in Iraq. […] [The attacks] swung American public opinion in our favor.” [Ha'aretz, 4/17/2008]
Former NBC analyst Kenneth Allard. [Source: New York Times]The New York Times receives 8,000 pages of Pentagon e-mail messages, transcripts and records through a lawsuit. It subsequently reports on a systematic and highly orchestrated “psyops” (psychological operations) media campaign waged by the Defense Department against the US citizenry, using the American media to achieve their objectives. At the forefront of this information manipulation campaign is a small cadre of retired military officers known to millions of TV and radio news audience members as “military analysts.” These “independent” analysts appear on thousands of news and opinion broadcasts specifically to generate favorable media coverage of the Bush administration’s wartime performance. The group of officers are familiar faces to those who get their news from television and radio, billed as independent analysts whose long careers enable them to give what New York Times reporter David Barstow calls “authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.” However, the analysts are not nearly as independent as the Pentagon would like for Americans to believe. Barstow writes: “[T]he Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse—an instrument intended to shape terrorism coverage from inside the major TV and radio networks.… These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.”
Administration 'Surrogates' - The documents repeatedly refer to the analysts as “message force multipliers” or “surrogates” who can be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.” According to the records, the administration routinely uses the analysts as, in Barstow’s words, “a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents.” When news articles revealed that US troops in Iraq were dying because of inadequate body armor (see March 2003 and After), a senior Pentagon official wrote to his colleagues, “I think our analysts—properly armed—can push back in that arena.” In 2005, Ten analysts were flown to Guantanamo to counter charges that prisoners were being treated inhumanely; the analysts quickly and enthusiastically repeated their talking points in a variety of television and radio broadcasts (see June 24-25, 2005).
Ties to Defense Industry - Most of the analysts, Barstow writes, have deep and complex “ties to military contractors vested in the very war policies they are asked to assess on air.” The analysts and the networks almost never reveal these business relationships to their viewers; sometimes even the networks are unaware of just how deep those business connections extend. Between then, the fifty or so analysts “represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.” Some of the analysts admit to using their special access to garner marketing, networking, and business opportunities. John Garrett, a retired Marine colonel and Fox News analyst, is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including from Iraq. In company promotional materials, Garrett says that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Garrett’s access and experience helps him “to know in advance—and in detail—how best to meet the needs” of the Defense Department and other agencies. Garrett calls this an inevitable overlap between his various roles, and says that in general, “That’s good for everybody.”
Exclusive Access to White House, Defense Officials - The analysts have been granted unprecedented levels of access to the White House and the Pentagon, including:
hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
private tours of Iraq;
access to classified information;
private briefings with senior White House, State Department, and Justice Department officials, including Vice President Dick Cheney, former Attorney General Alberto Gonzales, and National Security Adviser Stephen Hadley.
Conversely, analysts who do not cooperate take a risk. “You’ll lose all access,” says CBS military analyst and defense industry lobbyist Jeffrey McCausland.
Quid Pro Quo - Fox News analyst and retired Army lieutenant colenel Timur Eads, who is vice president of government relations for Blackbird Technologies, a rapidly growing military contractor, later says, “We knew we had extraordinary access.” Eads confirms that he and other analysts often held off on criticizing the administration for fear that “some four-star [general] could call up and say, ‘Kill that contract.’” Eads believes that he and the other analysts were misled about the Iraqi security forces, calling the Pentagon’s briefings about those forces’ readiness a “snow job.” But Eads said nothing about his doubts on television. His explanation: “Human nature.” Several analysts recall their own “quid pro quo” for the Pentagon in the months before the invasion (see Early 2003). And some analysts were far more aboveboard in offering quid pro quos for their media appearances. Retired Army general Robert Scales, Jr, an analyst for Fox News and National Public Radio, and whose consulting company advises several firms on weapons and tactics used in Iraq, asked for high-level Pentagon briefings in 2006. In an e-mail, he told officials: “Recall the stuff I did after my last visit. I will do the same this time.”
Repeating White House Talking Points - In return, the analysts have, almost to a man, echoed administration talking points about Iraq, Afghanistan, and Iran, even when some of them believed the information they were given was false or inflated. Some now acknowledge they did so—and continue to do so—for fear of losing their access, which in turn jeopardizes their business relationships. Some now regret their participation in the propoganda effort, and admit they were used as puppets while pretending to be independent military analysts. Bevelacqua says, “It was them saying, ‘We need to stick our hands up your back and move your mouth for you.’” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, calls the campaign a sophisticated information operation aimed, not at foreign governments or hostile populaces, but against the American people. “This was a coherent, active policy,” he says (see Late 2006). The Pentagon denies using the military analysts for propaganda purposes, with spokesman Bryan Whitman saying it was “nothing other than an earnest attempt to inform the American people.” It is “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department,” Whitman says. And other analysts, such as McCausland, say that they never allowed their outside business interests to affect their on-air commentaries. “I’m not here representing the administration,” McCausland says. Some say they used their positions to even criticize the war in Iraq. But according to a close analysis of their performances by a private firm retained by the Pentagon to evaluate the analysts, they performed to the Pentagon’s complete satisfaction (see 2005 and Beyond).
Enthusiastic Cooperation - The analysts are paid between $500 and $1,000 per appearance by the networks, but, according to the transcripts, they often speak as if the networks and the media in general are the enemy. They often speak of themselves as operating behind enemy lines. Some offered the Pentagon advice on how to outmaneuver the networks, or, as one said to then-Defense Secretary Donald Rumsfeld, “the Chris Matthewses and the Wolf Blitzers of the world.” Some alerted Pentagon officials of planned news stories. Some sent copies of their private correspondence with network executives to the Pentagon. Many enthusiastically echoed and even added to administration talking points (see Early 2007). [New York Times, 4/20/2008] Several analysts say that based on a Pentagon briefing, they would then pitch an idea for a segment to a producer or network booker. Sometimes, the analysts claim, they even helped write the questions for the anchors to ask during a segment. [New York Times, 4/21/2008]
Consequences and Repercussions - Some of the analysts are dismayed to learn that they were described as reliable “surrogates” in Pentagon documents, and some deny that their Pentagon briefings were anything but, in the words of retired Army general and CNN analyst David Grange, “upfront information.” Others note that they sometimes disagreed with the administration on the air. Scales claims, “None of us drink the Kool-Aid.” Others deny using their access for business gain. Retired general Carlton Shepperd says that the two are “[n]ot related at all.” But not all of the analysts disagree with the perception that they are little more than water carriers for the Pentagon. Several recall being chewed out by irate defense officials minutes after their broadcasts, and one, retired Marine colonel Wiliam Cowan of Fox News, recalls being fired—by the Pentagon, not by Fox—from his analyst position after issuing a mild criticism of the Pentagon’s war strategies (see August 3-4, 2005). [New York Times, 4/20/2008]
Entity Tags: Thomas G. McInerney, Stephen J. Hadley, Timur Eads, wvc3 Group, William Cowan, Robert Scales, Jr, US Department of Defense, Robert Bevelacqua, Robert Maginnis, Richard (“Dick”) Cheney, CBS News, CNN, Carlton Shepperd, David Barstow, David Grange, Bush administration (43), Bryan Whitman, Fox News, Jeffrey McCausland, Alberto R. Gonzales, New York Times, Donald Rumsfeld, National Public Radio, Kenneth Allard, John Garrett, NBC, Rick Francona
Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda
An Indonesian court officially declares Jemaah Islamiyah (JI) an illegal organization. JI is believed to be al-Qaeda’s main affiliate in Southeast Asia. The Indonesian government had previously refused to ban JI, even though it supported a United Nations ban on JI shortly after the 2002 Bali bombings (see October 12, 2002 and October 24, 2002). This court decision takes place during a trial of two high-ranking JI leaders, Zarkasih and Abu Dujana, both of whom were arrested the year before. Both are sentenced to 15 years in prison for supporting terrorist activities. Counterterrorism expert Rohan Gunaratna calls the decision “a huge victory against terrorism.” He adds: “This will have a direct impact on the leadership of JI, the most lethal terrorist group in Southeast Asia. Unless a terrorist was about to commit an attack, or had committed an attack, the Indonesian police couldn’t arrest them. Today if anyone is distributing propaganda and that person is linked to JI, that person can be arrested.” [Sydney Morning Herald, 4/22/2008]
Former CIA officer Philip Giraldi is interviewed by journalist Christopher Ketcham about the Main Core database, which apparently contains a list of potential enemies of the US state. Giraldi does not know any definite information about the database, but he speculates that it must be contained within the Department of Homeland Security (DHS): “If a master list is being compiled, it would have to be in a place where there are no legal issues”—the CIA and FBI would be restricted by oversight and accountability laws—“so I suspect it is at DHS, which as far as I know operates with no such restraints.” Giraldi notes that the DHS already maintains a central list of suspected terrorists and says it has been freely adding people who pose no reasonable threat to domestic security. “It’s clear that DHS has the mandate for controlling and owning master lists. The process is not transparent, and the criteria for getting on the list are not clear.” Giraldi continues, “I am certain that the content of such a master list [as Main Core] would not be carefully vetted, and there would be many names on it for many reasons—quite likely including the two of us.” [Radar, 5/2008]
According to a later book by New York Times reporter David Sanger, in May 2008, US intelligence records General Ashfaq Kayani, head of Pakistan’s military, referring to militant leader Jalaluddin Haqqani as “a strategic asset.” Haqqani heads a group of militants in Waziristan, in Pakistan’s tribal region, that is known as the Haqqani network. It is considered a semi-independent branch of the Taliban. The surveillance was ordered to confirm suspicions that the Pakistani military is still secretly supporting the Taliban, even though the US gives aid to help fight the Taliban. The transcript of Kayani’s comments is passed to Director of National Intelligence Mike McConnell. US intelligence will later intercept calls from Pakistani military units to Haqqani, warning him of an imminent Pakistani military operation in the tribal region designed to make it appear to the US that Pakistan is taking action against militant groups. An unnamed source will later explain, “It was something like, ‘Hey, we’re going to hit your place in a few days, so if anyone important is there, you might want to tell them to scram.’” Further US surveillance will reveal a plot between the ISI, Pakistan’s intelligence agency, and Haqqani to bomb the Indian embassy in Kabul, Afghanistan (see July 7, 2008). Pakistani officials deny they are supporting Haqqani. [London Times, 2/17/2009] An unnamed senior Pakistani intelligence official also called Haqqani an asset in 2006 (see 2006).
Aden Hashi Ayro. [Source: Intelcenter / Associated Press]A US missile strike kills Aden Hashi Ayro, the alleged head of al-Qaeda’s operations in Somalia. Ayro and up to ten others are killed in the region of Dusamareeb, an area a few hundred miles north of the capital of Mogadishu. The strike is said to be the fifth US attack in Somalia since Ethiopia invaded Somalia in December 2006 with US support (see December 24, 2006-January 2007). Ayro is said to have attended an al-Qaeda training camp in Afghanistan in the late 1990s. Then he returned to Somalia in 2003 and quickly rose up the ranks of al-Shabab, the military arm of the Islamic Court Union. He is said to be in charge of al-Qaeda’s operations there, although he is not a formal member of al-Qaeda. He was reportedly behind the scattered deaths of some foreigners in Somalia between 2003 and 2005. But despite this death, in recent months militant groups such as al-Shabab have been gaining ground against Somalia’s weak transitional government and the occupying Ethiopian troops keeping it in power. [Washington Post, 5/1/2008; Time, 5/2/2008]
A front-page Washington Post story reveals that, eight years after al-Qaeda bombed the USS Cole just off the coast of Yemen and killed 17 US soldiers (see October 12, 2000), “all the defendants convicted in the attack have escaped from prison or been freed by Yemeni officials.”
Two Key Suspects Keep Slipping from Yemeni Prisons - For instance, Jamal al-Badawi, a Yemeni and key organizer of the bombing, broke out of Yemeni prisons twice and then was secretly released in 2007 (see April 11, 2003-March 2004, February 3, 2006 and October 17-29, 2007). The Yemeni government jailed him again after the US threatened to cut aid to the country, but apparently he continues to freely come and go from his prison cell. US officials have demanded the right to perform random inspections to make sure he stays jailed. Another key Cole suspect, Fahad al-Quso, also escaped from a Yemeni prison and then was secretly released in 2007 (see May 2007). Yemen has refused to extradite al-Badawi and al-Quso to the US, where they have been indicted for the Cole bombing. FBI Director Robert Mueller flew to Yemen in April 2008 to personally appeal to Yemeni President Ali Abdallah Saleh to extradite the two men. However, Saleh has refused, citing a constitutional ban on extraditing its citizens. Other Cole suspects have been freed after short prison terms in Yemen, and at least two went on to commit suicide attacks in Iraq.
US Unwilling to Try Two Suspects in Its Custody - Two more key suspects, Khallad bin Attash and Abd al-Rahim al-Nashiri, were captured by US forces and have been transferred to the US-run Guantanamo prison. Al-Nashiri is considered the mastermind of the Cole bombing, but the US made the decision not to indict either of them because pending criminal charges could have forced the CIA or the Pentagon to give up custody of the men. Al-Quso, bin Attash, and al-Nashiri all attended a key 2000 al-Qaeda summit in Malaysia where the 9/11 attacks were discussed (see January 5-8, 2000).
'The Forgotten Attack' - A week after the Cole bombing, President Bill Clinton vowed to hunt down the plotters and promised, “Justice will prevail.” But less than a month after the bombing, George W. Bush was elected president. Roger Cressey, a former counterterrorism official in the Clinton and Bush administrations who helped oversee the White House’s response to the Cole bombing, says, “During the first part of the Bush administration, no one was willing to take ownership of this. It didn’t happen on their watch. It was the forgotten attack.”
'Back to Square One' - Former FBI agent Ali Soufan, a lead investigator into the bombing, complains,
“After we worked day and night to bring justice to the victims and prove that these Qaeda operatives were responsible, we’re back to square one. Do they have laws over there or not? It’s really frustrating what’s happening.” The Post comments, “Basic questions remain about which individuals and countries played a role in the assault on the Cole.”
Possible Government Complicity - One anonymous senior Yemeni official tells the Post that al-Badawi and other al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. For instance, in 2006, an al-Qaeda suicide attack in Yemen came just days before elections there, and Saleh tried to link one of the figures involved to the opposition party, helping Saleh win reelection (see September 15, 2006). Furthermore, there is evidence that figures within the Yemeni government were involved in the Cole bombing (see After October 12, 2000), and that the government also protected key bombers such as al-Nashiri in the months before and after the bombings (see April 2000 and Shortly After October 12, 2000).
Bush Unwilling to Meet with Victims' Relatives - Relatives of the soldiers killed in the bombing have attempted to meet with President Bush to press for more action, to no avail. John P. Clodtfelter Jr., whose son died on the Cole, says, “I was just flat told that he wouldn’t meet with us. Before him, President Clinton promised we’d go out and get these people, and of course we never did. I’m sorry, but it’s just like the lives of American servicemen aren’t that important.” [Washington Post, 5/4/2008]
Entity Tags: John P. Clodtfelter Jr., Ali Soufan, Ali Abdallah Saleh, Abd al-Rahim al-Nashiri, Fahad al-Quso, Jamal al-Badawi, William Jefferson (“Bill”) Clinton, Yemen, Khallad bin Attash, Roger Cressey, Robert S. Mueller III, George W. Bush
Timeline Tags: Complete 911 Timeline
The American Civil Liberties Union (ACLU) releases Pentagon documents that include previously classified internal investigations into the abuse of detainees in US custody overseas. The documents provide new details about the deaths of detainees in Iraq, and internal dissent in the military over torture methods used at Guantanamo Bay. ACLU attorney Amrit Singh says: “These documents provide further evidence that the torture of prisoners in US custody abroad was not aberrational, but was widespread and systemic. They only underscore the need for an independent investigation into high-level responsibility for prisoner abuse.” The documents provide details of four investigations into prisoner deaths conducted by the Naval Criminal Investigation Service (NCIS):
March 2003: Iraqi prisoner Hemdan El Gashame was shot to death in Nasiriyah (see March 2003);
June 2003: A 53-year-old Iraqi man, Naem Sadoon Hatab, was strangled to death at the Whitehorse detainment camp in Nasiriyah (see June 2003);
November 2003: Manadel al-Jamadi was beaten to death, apparently with a stove, at Abu Ghraib (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003 and November 5, 2003);
2004: Iraqi prisoner Farhad Mohamed died in Mosul (see 2004); later examination found contusions under his eyes and the bottom of his chin, a swollen nose, and cuts and large bumps on his forehead.
Another document shows that as far back as September 2002 Army officials were objecting to the methods used in interrogating Guantanamo prisoners (see September 2002). [American Civil Liberties Union, 5/14/2008]
Damadola Strike in May 2008. [Source: Mohammed Sajjad Associated Press]A missile fired from a US Predator drone reportedly kills al-Qaeda leader Abu Suleiman al-Jazairi. He and 15 others are killed in the strike on a house in the village of Damadola in Pakistan’s tribal region. The house is said to belong to former Taliban defense minister Maulvi Obaidullah, and members of Obaidullah’s family, including women and children, are thought to be among the dead. Al-Jazairi is said to be a trainer and explosives expert, and involved in planning attacks in Europe. Damadola has been hit by drones twice before (see January 13, 2006 and October 30, 2006). Al-Jazairi was little known in the media prior to the strike. [New York Times, 5/16/2008; Observer, 6/1/2008] Obaidullah apparently is not killed. He had been imprisoned in Pakistan since 2003, and had been released several days before as part of a swap for Pakistani Ambassador to Afghanistan Tariq Azizuddin, who had been kidnapped in February. [PAN, 5/20/2008]
The American Civil Liberties Union (ACLU) responds to a just-released Justice Department report about prisoner abuse at Guantanamo and in US-run prisons in Iraq and Afghanistan (see May 20, 2008). “Today’s OIG [Office of the Inspector General] report reveals that top government officials in the Defense Department, CIA, and even as high as the White House turned a blind eye to torture and abuse and failed to act aggressively to end it,” says ACLU executive director Anthony Romero. “Moreover, the country’s top law enforcement agency—the FBI—did not take measures to enforce the law but only belatedly reported on the law’s violations. It’s troubling that the government seems to have been more concerned with obscuring the facts than with enforcing the law and stopping the torture and abuse of detainees. Had the government taken action in 2002, perhaps the disgrace of Abu Ghraib and other abuses could have been avoided.” Senior ACLU official Caroline Fredrickson says: “Attorney General Michael Mukasey recently testified to Congress that he cannot prosecute anyone for anything approved by Justice Department opinions that authorized detainee abuse (see February 7, 2008). But no one gets immunity for acts they should have known were illegal. The filtering up of information from FBI agents to high government officials makes claims of immunity even more incredulous.” And ACLU senior legislative counsel Christopher Anders says: “This new report should become exhibit A at the next Congressional hearing on the Bush administration’s use of torture. The House Judiciary Committee is in the middle of the first thorough Congressional review of the development and implementation of the torture policies at the top levels of government. The questions are who did what and what crimes were committed. This Justice Department report helps answer both questions.” [American Civil Liberties Union, 5/20/2008]
Entity Tags: Christopher Anders, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, House Judiciary Committee, US Department of Justice, Michael Mukasey, US Department of Defense, Caroline Fredrickson
Timeline Tags: Torture of US Captives
The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense
Timeline Tags: Torture of US Captives
The USS Peleliu. [Source: Zack Baddor / AP]Human rights groups claim that the US is operating “floating prisons” as detention facilities for prisoners taken in the “war on terror.” The groups claim that the US is keeping prisoners aboard ships such as the USS Ashland, the USS Bataan, and the USS Peleliu (see December 27, 2001), and say that the Americans refuse to admit to the existence of such detainees. The human rights group Reprieve has asked that the US list the names and whereabouts of such “ghost detainees” held aboard US vessels. The existence of the detainees has come to light from a number of sources, including statements from US military officials, information provided by the Council of Europe and other parliamentary bodies, and prisoner testimonies (see June 2, 2008).
Details of Detentions - Reprieve says the US has used as many as 17 ships as “floating prisons” since 2001. While aboard, the prisoners are interrogated, then rendered to undisclosed locations. Fifteen of those ships may have operated around the British territory of Diego Garcia, which hosts a large British-American military base (see July 27, 1971-May 26, 1973 and After February 7, 2002). According to information obtained by Reprieve, in early 2007, the Ashland was involved in the detention and rendering of over 100 individuals abducted by Somali, Kenyan, and Ethiopian forces during an upsurge of fighting in Somalia, and then interrogated by FBI and CIA agents. Those individuals have now disappeared, but many are believed to be held in prisons in Kenya, Somalia, Ethiopia, Djibouti and Guantanamo Bay, among other possible sites. One prisoner released from Guantanamo has retold the account of a fellow inmate’s detention: “[H]e was in the cage next to me. He told me that there were about 50 other people on the ship. They were all closed off in the bottom of the ship. The prisoner commented to me that it was like something you see on TV. The people held on the ship were beaten even more severely than in Guantanamo.” Clive Stafford Smith, Reprieve’s legal director, says the US military “choose ships to try to keep their misconduct as far as possible from the prying eyes of the media and lawyers. We will eventually reunite these ghost prisoners with their legal rights.… By its own admission, the US government is currently detaining at least 26,000 people without trial in secret prisons, and information suggests up to 80,000 have been ‘through the system’ since 2001 (see November 17, 2005). The US government must show a commitment to rights and basic humanity by immediately revealing who these people are, where they are, and what has been done to them.”
British Officials Ask for Accountability - Andrew Tyrie, the Conservative MP who chairs the all-party parliamentary group on extraordinary rendition, says both the US and British governments must own up to their practices of rendition and “ghost detainees.” “Little by little, the truth is coming out on extraordinary rendition,” he says. “The rest will come, in time. Better for governments to be candid now, rather than later. Greater transparency will provide increased confidence that President Bush’s departure from justice and the rule of law in the aftermath of September 11 is being reversed, and can help to win back the confidence of moderate Muslim communities, whose support is crucial in tackling dangerous extremism.” Tyrie has requested that an investigation into the use of Diego Garcia as a rendition refueling stop be undertaken (see June 2, 2008). Liberal Democrat MP Edward Davey adds: “If the Bush administration is using British territories to aid and abet illegal state abduction, it would amount to a huge breach of trust with the British government. Ministers must make absolutely clear that they would not support such illegal activity, either directly or indirectly.” A US Naval spokesman says that none of its vessels have “detention facilities,” but admits that some detainees had been put on ships “for a few days” during their initial days of detention. He refuses to comment on reports that US Naval vessels stationed in or near Diego Garcia had been used as “prison ships.” [Guardian, 6/2/2008]
The British human rights organization Reprieve claims that the US has detained around 26,000 terror suspects in its network of secret prisons. It also says that several prisoners were held on a network of secret prison ships, both for detention and for interrogation sessions that were held “off the books.” The prisoners allegedly included American-born John Walker Lindh (see December 2001-January 2002) and Australian David Hicks (see July 3, 2003). Reprieve says that the US has used ships stationed off the Somali coast and off the Indian Ocean island of Diego Garcia to detain suspects (see June 2, 2008), including the USS Ashland, the USS Bataan, and the USS Peleliu; up to 17 naval vessels have been used, the group says. The Navy admits that its ships have sometimes housed prisoners for short periods of time, but denies that its vessels are used as long-term floating prisons. “We do not operate detention facilities on board Navy ships,” says Navy Commander Jeffrey Gordon, a Pentagon spokesman. Reprieve bases its claims on evidence from the US military, the Council of Europe, and testimony from a former detainee at the US prison camp at Guantanamo Bay, Cuba. [Associated Press, 6/2/2008]
Aerial photo of Diego Garcia island. [Source: Department of Defense]British Conservative MP Andrew Tyrie, who chairs the all-party Parliamentary group on extraordinary rendition, files a formal complaint with the government’s Information Commissioner over the government’s use of the island of Diego Garcia for the rendition of US prisoners to foreign countries for interrogation and possibly torture (see After February 7, 2002 and June 2, 2008). Diego Garcia is a large atoll in the Indian Ocean under British jurisdiction, and hosts a large British-American military base (see July 27, 1971-May 26, 1973). Tyrie says he decided to make the complaint to learn if Britain was in breach of its obligations under the UN Convention Against Torture (see October 21, 1994). The British government has recently admitted that at least two US rendition planes used Diego Garcia as a refueling base in 2002 (see December 2001-January 2002). “The foreign secretary has been forced to admit that two rendition planes refueled at Diego Garcia, despite explicit US assurances to the [British] government that no such flights had taken place,” Tyrie says. “Clearly people will conclude that these assurances are worthless.… But in response to requests by me the government has twice refused to release the terms of these assurances. Their disclosure will allow for a legal assessment of whether or not [Britain] has breached its obligations under the convention against torture, both with respect to Diego Garcia and to rendition generally.” Tyrie’s complaint requests that Foreign Secretary David Milbrand name the prisoners rendered through Diego Garcia by the US. Milbrand has already apologized to Parliament about falsely claiming that no US rendition flights have ever used Diego Garcia as a refueling base; other British government officials have issued similar denials (see January 8, 2003). But Manfred Novak, the UN special investigator on torture, says that he has credible evidence that detainees were held on Diego Garcia between 2002 and 2003. Human rights attorney Clive Stafford Smith says he believes two of the detainees were Mohammed Saad Iqbal Madni (see Early January-January 9, 2002 and March 2004) and Ibn al-Shaykh al-Libi (see December 19, 2001 and January 2002 and After), though he cannot be sure since neither the US nor British governments are releasing the names of potential detainees kept at Diego Garcia. In 2007, a Council of Europe investigation into extraordinary rendition will learn that US agencies use Diego Garcia in the “processing” of “high-value detainees.” [Guardian, 6/2/2008; Guardian, 6/2/2008]
Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Attorney General Michael Mukasey requesting access to the transcripts of interviews by President Bush and Vice President Cheney regarding the “outing” of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). The interviews were conducted as part of the investigation of former Vice Presidential Chief of Staff Lewis “Scooter” Libby by special prosecutor Patrick Fitzgerald. Waxman notes that he made a similar request in December 2007 which has gone unfulfilled (see December 3, 2007). Waxman wants the reports from Bush and Cheney’s interviews, and the unredacted reports from the interviews with Libby, former White House Deputy Chief of Staff Karl Rove, former White House press secretary Scott McClellan, former National Security Adviser Condoleezza Rice, former White House aide Cathie Martin, “and other senior White House officials.” Information revealed by McClellan in conjuction with his new book What Happened, including McClellan’s statement that Bush and Cheney “directed me to go out there and exonerate Scooter Libby,” and his assertion that “Rove, Libby, and possibly Vice President Cheney… allowed me, even encouraged me, to repeat a lie,” adds to evidence from Libby’s interviews that Cheney may have been the source of the information that Wilson worked for the CIA. For Cheney to leak Wilson’s identity, and to then direct McClellan to mislead the public, “would be a major breach of trust,” Waxman writes. He adds that no argument can be made for withholding the documents on the basis of executive privilege, and notes that in 1997 and 1998, the Oversight Committee demanded and received FBI interviews with then-President Clinton and then-Vice President Gore without even consulting the White House. [US House of Representatives, 6/3/2008; TPM Muckraker, 6/3/2008]
Entity Tags: William Jefferson (“Bill”) Clinton, Karl C. Rove, Richard (“Dick”) Cheney, George W. Bush, Henry A. Waxman, Condoleezza Rice, Albert Arnold (“Al”) Gore, Jr., Catherine (“Cathie”) Martin, Scott McClellan, House Committee on Oversight and Government Reform, Lewis (“Scooter”) Libby, Michael Mukasey
Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing
Senate Democrats and Republicans spar over the just-released Senate Intelligence Committee report about the Bush administration’s use of intelligence in the run-up to war with Iraq (see June 5, 2008). However, no Democrat pushes for criminal charges against any White House officials, and administration officials dismiss the report as “old news.” Committee chairman John D. Rockefeller (D-WV) says of the report: “The tragic fact is, on issues of war and peace, which should require the most meticulous and the most precise adherence to the truth, the administration was too often careless with its words, including in some cases making presentations that were not substantiated by the available intelligence—or worse, directly contradicted by the available intelligence. The administration went well beyond what the intelligence community knew and what it believed.” Rockefeller says pushing for criminal charges would be pointless and would completely shut down already-strained relations between Congress and the White House. “It would mean nothing else, whether it’s clean air or FISA, would get done,” he says. “It’s like pressing for impeachment. It’s a grand act with only five or six months to go. It’s a futile act and it’s a wrong act, because we do have business to do.” Interestingly, Rockefeller acknowledges that charges should be brought, saying: “Should it be done in the wide sweep of history? Yes. Should it be done by us, now? No.” Senator Sheldon Whitehouse (D-RI) says, “It rots the very fiber of democracy when our government is put to these uses.” White House press secretary Dana Perino says that the report actually vindicates the administration in some areas, and in others merely rehashes old claims that the administration has already acknowledged and “taken measures to fix.” Republican committee member Christopher “Kit” Bond (R-MO) calls the report “political theater… that makes partisan points but isn’t grounded in fact,” and adds: “I don’t know why they’re trying to run against the Bush administration. Maybe they think it’s good. But unfortunately it denigrates the process of intelligence collection, analysis and oversight and that’s why it’s a very shabby example of how partisan politics can be misused in the intelligence community.” Former counterterrorism chief Richard Clarke says there must be some accountability: “I just don’t think we can let these people back into polite society and give them jobs on university boards and corporate boards and just let them pretend that nothing ever happened when there are 4,000 Americans dead and 25,000 Americans grievously wounded, and they’ll carry those wounds and suffer all the rest of their lives.” Progressive commentator Arianna Huffington calls the report “a direct rebuke to the administration’s continued claims that it was the intelligence that was faulty, and that Bush and Co. were simply presenting what the CIA had given them.… The report doesn’t use the word, but we all know what it’s called when someone presents something as fact that’s directly contradicted by the evidence. A lie. Not a mistake. A lie.” [Hill, 6/5/2008; Huffington Post, 6/9/2008]
The Senate Intelligence Committee releases its long-awaited “Phase II” report on the Bush administration’s use of intelligence in convincing the country that it was necessary to invade Iraq. According to the report, none of the claims made by the administration—particularly that Iraq had WMD and that its government had working ties with Islamist terror organizations such as al-Qaeda—were based in any intelligence reporting. The committee released “Phase I” of its report in July 2004, covering the quality of intelligence used in making the case for war; the second phase was promised “soon afterwards” by the then-Republican leadership of the committee, but nothing was done until after Democrats took over the committee in November 2006. The report is the product of what the Associated Press calls “nasty partisan fight[ing]” among Republicans and Democrats, and largely fails to reveal much information that has not earlier been reported elsewhere. [Associated Press, 6/5/2008] The report is bipartisan in that two Republican committee members, Olympia Snowe (R-ME) and Chuck Hagel (R-NE), joined the committee’s Democrats to sign the report. [Hill, 6/5/2008]
False Linkages between Iraq, Al-Qaeda - Time magazine notes that the report “doesn’t break any new ground,” but tries “to make the case that President Bush and his advisers deliberately disregarded conflicting intel and misled Americans on the severity of the Iraqi threat.” Committee chairman John D. Rockefeller (D-WV) says: “It is my belief that the Bush administration was fixated on Iraq, and used the 9/11 attacks by al-Qaeda as justification for overthrowing Saddam Hussein. To accomplish this, top administration officials made repeated statements that falsely linked Iraq and al-Qaeda as a single threat.” [Time, 6/6/2008]
Examination of Five Speeches - The report looks at the statements of current and former Bush administration officials such as President Bush, Vice President Cheney, Secretary of State Colin Powell, and Defense Secretary Donald Rumsfeld, between October 2002 and the actual invasion of Iraq in March 2003 (see January 23, 2008), largely focusing on five speeches:
Cheney’s speech to the Veterans of Foreign Wars National Convention (see August 26, 2002);
Bush’s statement to the UN General Assembly (see September 12, 2002);
Bush’s speech in Cincinnati (see October 7, 2002);
Bush’s State of the Union speech (see 9:01 pm January 28, 2003);
and Powell’s presentation to the United Nations Security Council (see February 5, 2003).
The report contrasts these speeches and statements to intelligence reports that have since then been released. The report only assesses the veracity of public comments made by Bush officials, and does not delve into any possible behind-the-scenes machinations by those officials or their surrogates. Some of the report’s conclusions:
“Statements which indicated that [Saddam] Hussein was prepared to give WMDs to terrorists were inconsistent with existing intelligence at the time, as were statements that suggested a partnership between the two.”
“Claims that airstrikes on their own would not be sufficient to destroy purported chemical and biological weapons in Iraq were unsubstantiated.”
“Most statements that supported the theory that Hussein had access to or the capacity to build chemical, biological, or even nuclear weapons did not take into account the disagreements between intelligence agencies as to the credibility of the WMD allegations.”
'Statements beyond What the Intelligence Supported' - Rockefeller says the administration concealed information that contradicted their arguments that an invasion was necessary. “We might have avoided this catastrophe,” he says. The report finds that while many of the administration’s claims were supported by at least some intelligence findings, the administration routinely refused to mention dissents or uncertainties expressed by intelligence analysts about the information being presented. The committee’s five Republicans assail the report as little more than election-year partisanship, and accuse Democrats of using the report to cover for their own members, including Rockefeller and Carl Levin (D-MI), who supported the administration’s push for war at the time. [Senate Intelligence Committee, 6/5/2008 ; Associated Press, 6/5/2008; Time, 6/6/2008] Rockefeller answers the Republican charges by saying, “[T]here is a fundamental difference between relying on incorrect intelligence and deliberately painting a picture to the American people that you know is not fully accurate.” Committee member Dianne Feinstein (D-CA) writes in a note attached to the report: “Even though the intelligence before the war supported inaccurate statements, this administration distorted the intelligence in order to build its case to go to war. The executive branch released only those findings that supported the argument, did not relay uncertainties, and at times made statements beyond what the intelligence supported.” [Huffington Post, 6/5/2008]
Entity Tags: Chuck Hagel, John D. Rockefeller, Colin Powell, Dianne Feinstein, Donald Rumsfeld, Bush administration (43), Carl Levin, Olympia Snowe, Al-Qaeda, Richard (“Dick”) Cheney, George W. Bush, Senate Intelligence Committee, Saddam Hussein
Timeline Tags: Events Leading to Iraq Invasion
Jan Schakowsky. [Source: Washington Post]Fifty-six Democratic members of the House of Representatives send a letter to Attorney General Michael Mukasey, asking him to appoint a special counsel to investigate whether top Bush administration officials committed crimes in authorizing the use of waterboarding and other harsh interrogation tactics against suspected terrorists (see April 2002 and After). The lawmakers, who include John Conyers (D-MI), the chairman of the House Judiciary Committee, and House Intelligence Committee members Jan Schakowsky (D-IL) and Jerrold Nadler (D-NY), cite “mounting evidence” that senior officials personally sanctioned the use of such extreme interrogation methods. An independent investigation is needed to determine whether such actions violated US or international law, the letter states. “This information indicates that the Bush administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law,” the letter says. It adds that a broad inquiry is needed to examine the consequences of administration decisions at US detention sites in Iraq, at Guantanamo, and in secret prisons operated by the CIA. The interrogation methods have resulted in “abuse, sexual exploitation and torture” that may have violated the War Crimes Act of 1996 and the American Anti-Torture Act of 2007. “Despite the seriousness of the evidence, the Justice Department has brought prosecution against only one civilian for an interrogation-related crime,” the letter reads. “Given that record, we believe it is necessary to appoint a special counsel in order to ensure that a thorough and impartial investigation occurs.” Conyers tells reporters after sending the letter, “We need an impartial criminal investigation.” The entire detainee controversy is “a truly shameful episode” in US history, he says. “Because these apparent ‘enhanced interrogation techniques’ were used under cover of Justice Department legal opinions, the need for an outside special prosecutor is obvious.” The Justice Department refuses to comment on the letter. Jennifer Daskal of Human Rights Watch says that the letter is significant even if Mukasey refuses to appoint a special counsel. “The fact that so many representatives have called for the investigation helps lay the groundwork for the inevitable reckoning and accounting that the next administration is going to have to do regarding this administration’s practices,” she says. [US House of Representatives, 6/6/2008; Washington Post, 6/7/2008; United Press International, 6/7/2008]
Entity Tags: Jerrold Nadler, House Intelligence Committee, Central Intelligence Agency, Bush administration (43), House Judiciary Committee, Human Rights Watch, Michael Mukasey, US Department of Justice, John Conyers, Jan Schakowsky, Jennifer Daskal
Timeline Tags: Torture of US Captives, Civil Liberties
PBS political commentator Bill Moyers hosts a wide-ranging discussion of the media’s role in legitimizing the Bush administration’s military interventionism in the Middle East (see June 6, 2008). Joining Moyers are John Walcott, the Washington bureau chief of McClatchy News; McClatchy reporter Jonathan Landay; and Greg Mitchell, the purveyor of the media watchdog site Editor & Publisher. The four spend a good part of their time discussing the US’s attempt to “sell” a war with Iran. Moyers says the administration is having trouble pushing such a war because the American public is leery of more dire administration warnings, “given how we were misled about Iraq.” Walcott points out that Iran is a more imminent threat than Iraq, “a much tougher problem than Iraq ever was,” and notes that while Iraq never supported terrorists or had WMD, Iran supports terrorist groups “with a fair amount of enthusiasm” and has a nuclear energy program with the potential to cause grave harm. Landay notes that one big difference in the way the administration is handling Iran as opposed to how it handled Iraq is the fact that the administration is now working with the UN Security Council and even the International Atomic Energy Agency, whereas with Iraq the administration displayed a belligerent, “go it alone” attitude.
They're a Bunch of Crazy Shi'ites - Walcott notes that he finds one argument about Iran particularly disturbing: “[T]hat’s the one that says the Iranians would use nuclear weapons against us or against Israel. Well, both Israel and the United States have the capability to turn Iran into a skating rink. When you explode a nuclear weapon over sand, it turns into glass. And the counter to that from some quarters has been as crazy as anything I’ve heard, which is, well, that we can’t deter the Iranians because they’re Shi’ites and they’re all eager to commit suicide to hasten the arrival of the 12th Imam. So deterrents won’t work against Iran because they’re a bunch of crazy Shi’ites. That to me is as crazy as anything we heard about Saddam [Hussein] and his ties to al-Qaeda. That one, the fact that that one’s out there concerns me.”
Military Strike against Iran? - Walcott says he knows for a fact that there is a large and influential faction within the Bush administration that is determined to force a military strike against Iraq before Bush’s term of office ends. This faction has the support of influential Israeli government officials, even hints of support from Prime Minister Ehud Olmert. “[T]hat issue’s gonna be on the table until January 20th [2009, when the next US president is inaugurated] because one of the things we’ve learned is these people don’t go away,” Walcott says. “They’re still out there. They’re still advocating.” Landay notes that many of the same people who advocated for the invasion of Iraq are the ones pushing for a strike against Iran, “[a]nd yet they keep being brought on television and quoted in newspaper stories, when their, you know, now, after this horrendous track record they had in Iraq. So you wonder how it is that there are people who have been fanning the flames for going after Iran. Some of them the very same people.” Mitchell notes that the questions that should have been asked and re-asked by the media before the Iraq invasion—will military force neutralize the threats, what will be the aftereffects and ramifications of military strikes, how many will die—are not yet being asked about Iran. Walcott notes how easily Iran could retaliate for US strikes: “sink one oil tanker in the Persian Gulf or the Strait of Hormuz, just one, and the insurance rates will take care of the rest. And you’ll have $200, $250 a barrel oil. So that’s one thing to think about.”
Iran and the NIE - Moyers asks why it was so easy for President Bush to simply disavow the National Intelligence Estimate on Iran’s nuclear weapons (see December 3, 2007) just by saying that, in essence, “the NIE’s conclusions don’t reflect his own views, that there is an ongoing threat.” Moyers says that Bush does not care “what the facts are, this is [his] reality.” Mitchell notes that NBC anchor emeritus Tom Brokaw called it more of a matter of “theology” (see May 29, 2008). But Landay says that just as interesting is the fact that, if Iran indeed is building nuclear weapons, which it well may be, “the administration’s having a really hard time getting traction for its case. Why? Because it’s lost its credibility on Iraq.” Mitchell adds, “And the media has lost credibility.” [PBS, 6/6/2008]
In a panel discussion hosted by PBS’s Bill Moyers, journalist Jonathan Landay, discussing the US war in Afghanistan, notes that the vast majority of media coverage has been granted to the Iraq occupation. The war in Afghanistan is largely forgotten by the media, or merely rolled into Iraq coverage. Landay notes that Afghanistan is “a far more serious threat for US national security than Iraq is.” Similarly, the media rarely reports on the dire terrorist threats centered in the tribal areas of Pakistan. “[T]his is a black hole virtually which the United States is deeply involved in that we don’t see a lot of meaningful, I mean, in-depth coverage of,” he says. [PBS, 6/6/2008]
A group of German civil rights lawyers files a lawsuit against the German government, demanding that the government attempt to extradite 13 CIA agents named in the alleged kidnapping of a German citizen. Khalid el-Masri, a German citizen of Lebanese descent, says he was abducted in December 2003 at the Serbian-Macedonian border (see December 31, 2003-January 23, 2004 and January 23 - March 2004). He was flown by the CIA to a detention center in Kabul, Afghanistan, where he was interrogated and abused for months. El-Masri says he was released in Albania in May 2004, and told that he was the victim of mistaken identity (see May 29, 2004). No government or body has yet taken responsibility for el-Masri’s kidnapping and brutalization. US Secretary of State Condoleezza Rice and other US officials have refused to address the case, but German Chancellor Angela Merkel has said the US acknowledged making a mistake with el-Masri.
Accountability - “We are demanding accountability” with the lawsuit, says attorney Wolfgang Kaleck. For himself, el-Masri says, “I just want the German government to acknowledge what happened to me.” An American judge dismissed a lawsuit filed by el-Masri against the CIA and three US corporations in 2006 (see May 18, 2006). In January 2007, German prosecutors issued warrants for the arrests of 13 CIA agents, accusing them of wrongfully imprisoning el-Masri and causing him serious bodily harm. The US Justice Department refused the requests, citing “American national interests,” and the German Ministry of Justice dropped the request. The lawsuit seeks to force the German government to reconsider extradition for the CIA agents.
Extraordinary Rendition - According to human rights organizations, el-Masri’s case is an example of “extraordinary rendition,” where the US takes suspected terrorists to foreign countries where they are subjected to abuse and torture. A criminal lawsuit against CIA officers in conjunction with the el-Masri case is also ongoing in Macedonia; that case could end up before the European Court of Human Rights. And the American Civil Liberties Union has also filed a petition on el-Masri’s behalf through the Inter-American Commission on Human Rights, a body that seeks to establish international laws. [Associated Press, 6/9/2008]
The recently released Senate Intelligence Committee report on misleading, exaggerated, and inaccurate presentations of the prewar Iraqi threat by the Bush administration (see June 5, 2008) leaves out some significant material. The report says that the panel did not review “less formal communications between intelligence agencies and other parts of the executive branch.” The committee made no attempt to obtain White House records or interview administration officials because, the report says, such steps were considered beyond the scope of the report. Washington Post reporter Walter Pincus notes that “[o]ne obvious target for such an expanded inquiry would have been the records of the White House Iraq Group (WHIG), a group set up in August 2002 by then-White House Chief of Staff Andrew H. Card Jr.” WHIG (see August 2002) was composed of, among other senior White House officials, senior political adviser Karl Rove; the vice president’s chief of staff, Lewis “Scooter” Libby; communications strategists Karen Hughes, Mary Matalin, and James Wilkinson; legislative liaison Nicholas Calio; and a number of policy aides led by National Security Adviser Condoleezza Rice and her deputy, Stephen Hadley.
WHIG Led Marketing of War - Scott McClellan, the former White House press secretary, recently wrote in his book What Happened that WHIG “had been set up in the summer of 2002 to coordinate the marketing of the war to the public.… The script had been finalized with great care over the summer [for a] “campaign to convince Americans that war with Iraq was inevitable and necessary.” On September 6, 2002, Card hinted as much to reporters when he said, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). Two days later, the group scored its first hit with a front-page New York Times story about Iraq’s secret purchase of aluminum tubes that, the story said, could be used to produce nuclear weapons (see September 8, 2002). The information for that story came from “senior administration officials” now known to be members of WHIG. The story was the first to make the statement that “the first sign of a ‘smoking gun’ [proving the existence of an Iraqi nuclear weapons program] may be a mushroom cloud” (see September 4, 2002); that same morning, the same message was repeated three times by various senior administration officials on the Sunday talk shows (see September 8, 2002, September 8, 2002, and September 8, 2002). WHIG did not “deliberately mislead the public,” McClellan claimed in his book, but wrote that the “more fundamental problem was the way [Bush’s] advisers decided to pursue a political propaganda campaign to sell the war to the American people.… As the campaign accelerated,” caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded.”
Records Perusal Would 'Shed Light' - If indeed the White House “repeatedly presented intelligence as fact when it was unsubstantiated, contradicted, or even nonexistent,” as committee chairman John D. Rockefeller (D-WV) has said, then an examination of WHIG’s records would, Pincus writes, “shed much light” on the question. [Washington Post, 6/9/2008]
Entity Tags: New York Times, Karen Hughes, John D. Rockefeller, James R. Wilkinson, Condoleezza Rice, Bush administration (43), Andrew Card, Karl C. Rove, Mary Matalin, Senate Intelligence Committee, Stephen J. Hadley, Walter Pincus, White House Iraq Group, Nicholas E. Calio, Scott McClellan, Lewis (“Scooter”) Libby
Timeline Tags: Domestic Propaganda
An attack by a CIA-controlled drone kills an unidentified person in the town of Makeen in South Warizistan, Pakistan. Makeen is home to Pakistan Taliban leader Baitullah Mahsud. [New Yorker, 10/26/2009]
Members of the Frontier Corps near Shakai, in the region of South Waziristan, in August 2004. [Source: Kamran Wazir / Reuters / Corbis]The British newspaper The Observer reports that the Frontier Corps, a Pakistani government paramilitary force operating in Pakistan’s tribal regions near the border with Afghanistan, sometimes join in attacks on US-led forces in Afghanistan. The article alleges there are “box loads” of after-action reports compiled after armed clashes near the border, detailing the Frontier Corps working with the Taliban and other allied militants. Some attacks are launched so close to Frontier Corps outposts that Pakistani cooperation with the Taliban is assumed. There has been a dramatic increase in cross-border incidents compared to the same time the year before. An anonymous US official says: “The United States and NATO have substantial information on this problem. It’s taking place at a variety of places along the border with the Frontier Corps giving direct and indirect assistance. I’m not saying it is everyone. There are some parts that have been quite helpful… but if you have seen the after-action reports of their involvement in attacks along the Afghan border you would appreciate the problem.” The US government continues to downplay such incidents, worried about its relationship with the Pakistani government. A NATO spokesman says: “The real concern is that the extremists in Pakistan are getting safe havens to rest, recuperate and retool in Pakistan and come across the border. The concerns have been conveyed to the Pakistan authorities.” [Observer, 6/22/2008]
The Supreme Court rules 5-4 that foreign terror suspects held without charge at Guantanamo Bay have the Constitutional right to challenge their detention in US civilian courts. The Court splits along ideological lines, with the more liberal and moderate members supporting the finding, and the more conservative members opposing it. Justice Anthony Kennedy, considered a centrist, writes the ruling. He writes, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” The ruling specifically strikes down the portion of the Military Commissions Act (see October 17, 2006) that denies detainees their habeas corpus rights to file petitions. [Associated Press, 6/12/2008; Associated Press, 6/12/2008] The case is Boumediene v. Bush, and was filed in the Supreme Court in March 2007 on behalf of Lakhdar Boumediene, a Bosnian citizen held in the Guantanamo camp since 2002 (see January 18, 2002). It was combined with a similar case, Al Odah v United States (see October 20, 2004). [Oyez (.org), 6/2007; Jurist, 6/29/2007]
'Stinging Rebuke' for Bush Administration - The ruling is considered a serious setback for the Bush administration (a “stinging rebuke,” in the words of the Associated Press), which insists that terror suspects detained at Guantanamo and elsewhere have no rights in the US judicial system. It is unclear whether the ruling will lead to prompt hearings for detainees [Associated Press, 6/12/2008; Associated Press, 6/12/2008] ; law professor James Cohen, who represents two detainees, says, “Nothing is going to happen between June 12 and January 20,” when the next president takes office. Justice Department spokesman Peter Carr says the decision will not affact war crimes trials already in the works: “Military commission trials will therefore continue to go forward.”
Scalia: Ruling Will 'Cause More Americans to Be Killed' - President Bush says he disagrees with the ruling, and says he may seek new legislation to keep detainees under lock and key. Justice Antonin Scalia, the leader of the Court’s ideological right wing, agrees; in a “blistering” dissent, he writes that the decision “will make the war harder on us. It will almost certainly cause more Americans to be killed.” In his own dissent, Chief Justice John Roberts argues that the ruling strikes down “the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.” Joining Scalia and Roberts in the minority are Justices Samuel Alito and Clarence Thomas. Voting in the majority are Kennedy and Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter, and John Paul Stevens.
Military Tribunals 'Doomed,' Says Navy Lawyer - Former Navy lawyer Charles Swift, who argued a similar case before the Supreme Court in Hamdan v Rumsfeld (see June 30, 2006), says he believes the ruling removes any legal basis for keeping Guantanamo open, and says that military tribunals are “doomed.” The entire rationale for Guantanamo and the tribunals, Swift says, is the idea that “constitutional protections wouldn’t apply.” But now, “The court said the Constitution applies. They’re in big trouble.” Democrats and many human rights organizations hail the ruling as affirming the US’s commitment to the rule of law; some Republican lawmakers say the ruling puts foreign terrorists’ rights over the safety of the American people. Vincent Warren, the head of the Center for Constitutional Rights, says: “The Supreme Court has finally brought an end to one of our nation’s most egregious injustices. By granting the writ of habeas corpus, the Supreme Court recognizes a rule of law established hundreds of years ago and essential to American jurisprudence since our nation’s founding.” [Associated Press, 6/12/2008]
Entity Tags: Stephen Breyer, Vincent Warren, US Supreme Court, Samuel Alito, Military Commissions Act, Peter Carr, Bush administration (43), Antonin Scalia, Anthony Kennedy, Charles Swift, Clarence Thomas, David Souter, George W. Bush, Lakhdar Boumediene, Ruth Bader Ginsburg, John Paul Stevens, James Cohen, John G. Roberts, Jr, US Department of Justice
Timeline Tags: Civil Liberties
US intelligence allegedly discovers that the ISI, Pakistan’s intelligence agency, and a faction of the Taliban are planning a spectacular bombing somewhere in Afghanistan. US intelligence is intercepting Pakistani government communications in an attempt to find out if the Pakistani government is still supporting militants fights US soldiers in Afghanistan. Communications intercepts already revealed an active link between the Pakistani government and the Haqqani network, a semi-autonomous branch of the Taliban headed by Jalaluddin Haqqani (see May 2008). According to a later book by New York Times reporter David Sanger, new intercepts at this time show that the ISI is working to carry out a spectacular bombing in Afghanistan. But apparently, the exact target is not known. Two weeks later, the Indian Embassy in Kabul will be bombed (see July 7, 2008). Afterwards, the US will accuse the ISI and the Haqqani network of plotting the bombing, mostly based on these intercepts from before the bombing (see July 28, 2008 and August 1, 2008). [London Times, 2/17/2009]
David Addington and John Yoo before the House Judiciary Committee. [Source: Washington Post]David Addington, the chief counsel for Vice President Cheney and one of the architects of the Bush administration’s torture policies (see Late September 2001), testifies before the House Judiciary Committee. He is joined by Justice Department lawyer John Yoo, who authored or contributed to many of the legal opinions that the administration used to justify the torture and “extralegal” treatment of terror suspects (see November 6-10, 2001). Addington, unwillingly responding to a subpoena, is, in Washington Post reporter Dana Milbank’s description, “nasty, brutish, and short” with his questioners. [Washington Post, 6/27/2008] He tells lawmakers that the world has not changed much since the 9/11 attacks: “Things are not so different today as people think. No American should think we are free, the war is over, al-Qaeda is not coming.” [Los Angeles Times, 6/27/2008]
Refusing to Define 'Unitary Executive' - Committee chairman John Conyers (D-MI) peppers Addington with questions about the Bush administration and its penchant for the “unitary executive” paradigm, which in essence sees the executive branch as separate and above the other two, “lesser” branches of government. Addington is one of the main proponents of this theory (see (After 10:00 a.m.) September 11, 2001). But instead of answering Conyers’s questions, he slaps away the questions with what Milbank calls “disdain.”
Addington: “I frankly don’t know what you mean by unitary theory.”
Conyers: “Have you ever heard of that theory before?”
Addington: “I see it in the newspapers all the time.”
Conyers: “Do you support it?”
Addington: “I don’t know what it is.”
Conyers (angrily): “You’re telling me you don’t know what the unitary theory means?”
Addington: “I don’t know what you mean by it.”
Conyers: “Do you know what you mean by it?”
Addington: “I know exactly what I mean by it.”
Open Contempt - He flatly refuses to answer most questions, and treats the representatives who ask him those questions with open contempt and, in Milbank’s words, “unbridled hostility.” One representative asks if the president is ever justified in breaking the law, and Addington retorts, “I’m not going to answer a legal opinion on every imaginable set of facts any human being could think of.” When asked if he consulted Congress when interpreting torture laws, Addington snaps: “That’s irrelevant.… There is no reason their opinion on that would be relevant.” Asked if it would be legal to torture a detainee’s child (see After September 11, 2002), Addington answers: “I’m not here to render legal advice to your committee. You do have attorneys of your own.” He offers to give one questioner advice on asking better questions. When asked about an interrogation session he had witnessed at Guantanamo, he replies: “You could look and see mouths moving. I infer that there was communication going on.” At times he completely ignores questions, instead writing notes to himself while the representatives wait for him to take notice of their queries. At other times, he claims an almost complete failure of memory, particularly regarding conversations he had with other Bush officials about interrogation techniques. [Washington Post, 6/27/2008] (He does admit to being briefed by Yoo about an August 2002 torture memo (see August 1, 2002), but denies assisting Yoo in writing it.) [Los Angeles Times, 6/27/2008] Addington refuses to talk more specifically about torture and interrogation practices, telling one legislator that he can’t speak to him or his colleagues “[b]ecause you kind of communicate with al-Qaeda.” He continues, “If you do—I can’t talk to you, al-Qaeda may watch C-SPAN.” When asked if he would meet privately to discuss classified matters, he demurs, saying instead: “You have my number. If you issue a subpoena, we’ll go through this again.” [Think Progress, 6/26/2008; Washington Post, 6/27/2008]
Yoo Dodges, Invokes Privilege - Milbank writes that Yoo seems “embolden[ed]” by Addington’s “insolence.” Yoo engages in linguistic gymnastics similar to Addington’s discussion with Conyers when Keith Ellison (D-MN) asks him whether a torture memo was implemented. “What do you mean by ‘implemented’?” Yoo asks. Ellison responds, “Mr. Yoo, are you denying knowledge of what the word ‘implement’ means?” Yoo says, “You’re asking me to define what you mean by the word?” Ellison, clearly exasperated, retorts, “No, I’m asking you to define what you mean by the word ‘implement.’” Yoo’s final answer: “It can mean a wide number of things.” [Washington Post, 6/27/2008] Conyers asks Yoo, “Could the president order a suspect buried alive?” Yoo responds, “Uh, Mr. Chairman, I don’t think I’ve ever given advice that the president could order someone buried alive.” Conyers retorts: “I didn’t ask you if you ever gave him advice. I asked you thought the president could order a suspect buried alive.” Yoo answers, “Well Chairman, my view right now is that I don’t think a president—no American president would ever have to order that or feel it necessary to order that.” Conyers says, “I think we understand the games that are being played.” Reporter Christopher Kuttruff writes, “Throughout his testimony, Yoo struggled with many of the questions being asked, frequently delaying, qualifying and invoking claims of privilege to avoid answering altogether.” [Human Rights First, 6/26/2008; Truthout (.org), 6/27/2008]
The New York Times publishes a long front-page analysis of the policy disputes and mistakes that have bogged down US efforts to combat al-Qaeda’s safe haven in Pakistan’s tribal region. The article reveals that the US effort has often been “undermined by bitter disagreements within the Bush administration and within the CIA, including about whether American commandos should launch ground raids inside the tribal areas.… [B]y most accounts, the administration failed to develop a comprehensive plan to address the militant problem there, and never resolved the disagreements between warring agencies that undermined efforts to fashion any coherent strategy.” Richard Armitage, deputy secretary of state for President Bush’s first term and the administration’s point person for Pakistan, says, “We’re just kind of drifting.” Pakistan’s policy as led by President Pervez Musharraf has also been adrift and/or ineffective: “Western military officials say Mr. Musharraf was instead often distracted by his own political problems, and effectively allowed militants to regroup by brokering peace agreements with them.” The Times concludes, “Just as it had on the day before 9/11, al-Qaeda now has a band of terrorist camps from which to plan and train for attacks against Western targets, including the United States.” The camps are smaller than the ones used prior to 9/11, but one retired CIA officer estimates that as many as 2,000 militants train in them at any given time, up from several hundred in 2005. “Leading terrorism experts have warned that it is only a matter of time before a major terrorist attack planned in the mountains of Pakistan is carried out on American soil.” [New York Times, 6/30/2008]
Polish intelligence warns India and the US that the Taliban are likely to attack the Indian embassy in Kabul, Afghanistan. The embassy will be bombed one week later, killing 54 (see July 7, 2008). The document giving the warning is entitled, “Threat Report… Threat to Indian Embassy.” It is based on information received one day earlier. It states, “Taliban are planning to carry out an attack on the Indian embassy in Kabul.” It goes on to describe how a suicide bomber plans to use a stolen Afghan government car and stolen uniform to get past security. The document will be publicly leaked in 2010 as part of a massive WikiLeaks release of US documents relating to the US war in Afghanistan. [Press Trust of India, 7/27/2010] It is unclear how or where Polish intelligence got this information. US intelligence apparently learns around this time that the Taliban and ISI, Pakistan’s intelligence agency, are planning a spectacular bombing somewhere in Afghanistan (see Late June 2008). However, it appears that India acts on at least one of the warnings, because the Indian ambassador to Afghanistan will later say that India took extra security measures in the weeks before the bombings because “we were expecting trouble.” Most importantly, sand-filled blast barriers are placed around the main embassy building. That, plus the quick action of security guards, will prevent the bomber from getting closer to the building, and thus reduce the number of lives lost. [Associated Press, 7/9/2008]
A suicide bombing at the Indian embassy in Kabul, Afghanistan, kills 54 people and injures 140 others. The main target appears to be a diplomatic convoy that had just entered the embassy gate, directly followed by the suicide truck. Among the dead are two senior Indian diplomats, including the military attaché, Brigadier Ravi Mehta. Many of those killed are people standing in line waiting for visas. [London Times, 8/3/2008] The Indian government received at least one warning about an attack on the embassy, and it took extra security precautions that helped reduce the loss of lives (see July 1, 2008). The Afghan interior ministry quickly asserts that the ISI, Pakistan’s intelligence agency, helped the Taliban with the attack. A presidential spokesman states at a news conference, “The sophistication of this attack and the kind of material that was used in it, the specific targeting, everything has the hallmarks of a particular intelligence agency that has conducted similar terrorist acts inside Afghanistan in the past.” The Afghan government has asserted that the ISI is responsible for other attacks in Afghanistan, including an attempted assassination of President Hamid Karzai in late April 2008 (see April 27, 2008). The Indian government also quickly blames the ISI and the Taliban. [Financial Times, 7/8/2008; Taipei Times, 7/9/2008] The Taliban deny involvement in the attack, but the New York Times notes that the Taliban usually deny involvement in attacks with a large number of civilian casualties. [New York Times, 7/8/2008] Less than a month later, US intelligence will accuse the ISI of helping a Taliban-linked militant network led by Jalaluddin Haqqani to plan the bombing (see August 1, 2008). President Bush will even directly threaten Pakistani Prime Minister Yousaf Raza Gillani with serious consequences if another attack is linked to the ISI (see July 28, 2008).
Jean Duley. [Source: Skip Lawrence / Fredrick News-Post]Scientist Bruce Ivins has had psychological problems since at least 2000, and his problems had become more pronounced after late 2006, when he realized the FBI was targeting him as their main anthrax attacks suspect. For the past three to six months, Ivins had been attending therapy sessions led by social worker Jean Duley. On July 9, 2008, Duley seeks a restraining order against him.
Duley's Claims against Ivins - In the paperwork for the order, she claims that he arrived for a group counseling session in his hometown of Fredrick and announced that, faced with the prospect of being charged with murder for the anthrax attacks, he had bought a gun and a bulletproof vest and had “a very detailed plan to kill his co-workers” at USAMRIID, the nearby US Army bioweapons laboratory where he still worked. In a court hearing on this day, Duley tells a judge: “He was going to go out in a blaze of glory, that he was going to take everybody out with him.… He is a revenge killer.… When he feels that he has been slighted, and especially towards women, he plots and actually tries to carry out revenge killings.” Duley also says that Ivins had a history of making homicidal threats going back to his college days, and that he has threatened her. She adds that he will soon be charged with five murders, which is the number of deaths in the anthrax attacks. In court records, Duley writes that Ivins’s psychiatrist had “called him homicidal, sociopathic with clear intentions.” [New York Times, 8/2/2008; Washington Post, 8/6/2008]
Unclear Relationship with FBI - Duley says in her court testimony that she is cooperating with the FBI, but the nature and extent of her cooperation remains unclear. It is unclear, for instance, how she could know that Ivins is going to be charged with the anthrax attacks soon.
Duley Alone with Her Claims - Ivins also sees a psychiatrist named David Irwin. But Irwin will later remain silent about Ivins, as will all the people in Ivins’s group therapy sessions. The Washington Post will later note, “To this day, Duley is the only person who has said publicly that Ivins intended to kill.” [Washington Post, 8/6/2008] A Guardian article will later comment: “Notably lacking in the FBI’s case, is corroboration of the deadly threats of revenge killings made by Ivins in group therapy, according to Duley. Nobody else from those sessions has spoken up? And if… the FBI knew about it, why was he allowed to continue working in the lab, with his high-security clearance as late as just [weeks before his suicide]? Why was he allowed to roam free for that matter?” [Guardian, 8/11/2008]
Poor Qualifications - Duley is an entry-level drug counselor and only allowed to work with patients under supervision of a more experienced professional. She is said to be a program director for Comprehensive Counseling Associates, a local mental-health counseling center. But less than one month later, it will be reported that she no longer works there. A Guardian article will call her statement to the judge “embarrassing,” as she misspells basic words one would assume a person in her field would know well, for instance spelling therapist as “theripist.” [Bloomberg, 8/1/2008; Guardian, 8/11/2008]
Duley's Troubled Past - Duley also has what the Washington Post calls a “troubled past.” She has recently completed 90 days of home detention after a drunk driving arrest in December 2007 (which is ironic given that she is working as a drug counselor). She has other convictions, including possession of narcotics paraphernalia. In a 1999 newspaper interview, she said she had been a member of a motorcycle gang member and a drug user. “Heroin. Cocaine. PCP. You name it, I did it.” [Washington Post, 8/6/2008; Guardian, 8/11/2008] In any case, the judge immediately grants an Emergency Medical Evaluation Petition for Ivins. The next day, Ivins is removed from work at USAMRIID and taken to a hospital (see July 10, 2008).
Police at Frederick City, Maryland, enter Fort Detrick to execute an Emergency Medical Evaluation Petition. The petition is for Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, located inside Fort Detrick. The police are escorted to Ivins and take him out of the military base. He is informed that he will not be allowed back into the laboratory or the base again. Ivins is placed in a local hospital the same day. [Herald-Mail, 8/8/2008] Apparently he is hospitalized because he had been acting strangely in recent weeks and associates concluded he could be a danger to himself and others. Jean Duley, a social worker who had treated him in group therapy, sought a restraining order against him the day before (see July 9, 2008). She claims he had been making threats, but she does not claim he confessed to any role in the anthrax attacks. He remains hospitalized until July 23. [New York Times, 8/4/2008]
FBI agents search anthrax attacks suspect Bruce Ivins’s house, office, and cars for a second time. The first search was in November 2007 (see November 1, 2007). This search comes two days after Ivins was removed from his workplace by police and put in a hospital (see July 10, 2008). The FBI will later claim they seize a bulletproof vest, ammunition, and homemade body armor. [Bloomberg, 8/7/2008]
Aafia Siddique in Afghan custody on July 17, 2008. [Source: Associated Press]Aafia Siddiqui, a female Pakistani neuroscientist and alleged al-Qaeda operative, is arrested by Afghan police in the town of Ghazni, Afghanistan. Police reportedly also find bomb-making instructions, substances in bottles and jars, and papers describing US landmarks. There are conflicting accounts about what happens next:
US Government's Version - The next day, a group of US agents come to visit her, but she is being held unsecured in a room, hiding behind a curtain. One of the US agents puts his rifle down. She allegedly picks up the rifle to shoot at the group. She shoots twice and misses, while a US agent shoots back and hits her at least once. [CNN, 8/4/2008; Reuters, 8/5/2008]
Afghan Police Version - According to Reuters, “Afghan police in Ghazni however, [tell] a different story.” They claim that they find Siddiqui in Ghazni after reports of her behaving suspiciously. They find maps of the town, including one of the governor’s house, and arrest her and a teenage boy. US troops then request that she be handed over to them, but Afghan police refuse, according to a senior police officer there. US soldiers then disarm the Afghan police at which point Siddiqui approaches the US soldiers complaining of mistreatment by the police. The US soldiers, under the impression that she could have explosives and would attack them as a suicide bomber, shoot her and take her away. The boy remains in Afghan police custody. [Reuters, 8/5/2008]
She is extradited to the US a couple of weeks later, where she is due to stand trial for attempting to murder the US agents. Siddiqui had lived and studied in the US for many years. She was in Pakistan in March 2003 when it was announced that 9/11 mastermind Khalid Shaikh Mohammed had been arrested. She disappeared several days later (see Late September 2001-March 2003). The FBI issued an alert for her arrest, alleging that she had been an al-Qaeda sleeper agent in the US. There has been speculation that she had been secretly arrested by the US or Pakistan, and what happened to her since 2003 still remains a mystery. [CNN, 8/4/2008]
About a week before Bruce Ivins dies (see July 29, 2008), FBI agents take a mouth swab to collect a DNA sample from him. It is unclear why investigators waited so long, since he had been an a suspect since 2006 (see Late 2006). [New York Times, 9/6/2008]
On July 23, 2008, anthrax attacks suspect Bruce Ivins is released from a mental hospital. He had been in the hospital since July 10 after Jean Duley, a social worker who had been leading drug counseling group sessions attended by Ivins, tried to get a restraining order against him (see July 10, 2008). Just before Ivins was hospitalized, Duley made a series of remarkable claims about him, for instance claiming that he had just told her he had “a very detailed plan to kill his co-workers,” and, “He was going to go out in a blaze of glory, that he was going to take everybody out with him” (see July 9, 2008). Jeffrey Taylor, the US Attorney in Washington, DC, will later be asked why Ivins was not arrested after his release. Taylor will avoid the question and merely reply, “Our job in law enforcement is to pursue our criminal investigation.” But Joseph diGenova, who had previously held Taylor’s job, will explain, “They never arrested him because they wanted him to confess.” DiGenova will claim that the FBI was heavily pressuring Ivins into confessing because prosecutors knew “there would have been all sorts of problems on the reliability of the scientific analysis.” Ivins is said to be placed under 24- hour surveillance after his release, although it seems likely he was under surveillance already. [New York Times, 8/4/2008; Bloomberg, 8/7/2008]
In an interview with CNN, FBI Director Robert Mueller gives an upbeat assessment of the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), despite the exoneration of Steven Hatfill, the only publicly named suspect, the month before (see June 27, 2008). Mueller says: “I’m confident in the course of the investigation.… And I’m confident that it will be resolved.… I tell you, we’ve made great progress in the investigation. It’s in no way dormant. It’s active.… In some sense there have been breakthroughs, yes.” [CNN, 7/24/2008] Just days after these comments, Bruce Ivins, the FBI’s top unpublicized suspect at the time, will die of an apparent suicide (see July 29, 2008).
Jameel Jaffer. [Source: ACLU (.org)]The American Civil Liberties Union (ACLU) releases three heavily redacted documents detailing the Bush administration’s use of brutal torture methods against detainees in US custody. The documents are turned over to the ACLU by the CIA after a judge orders their release (see May 27, 2008). “These documents supply further evidence, if any were needed, that the Justice Department authorized the CIA to torture prisoners in its custody,” says ACLU official Jameel Jaffer. “The Justice Department twisted the law, and in some cases ignored it altogether, in order to permit interrogators to use barbaric methods that the US once prosecuted as war crimes.” One document is an August 2002 Office of Legal Counsel (OLC) memo authorizing the CIA to use particular interrogation methods, including waterboarding (see August 1, 2002). The memo states that interrogation methods that cause severe mental pain do not amount to torture under US law unless they cause “harm lasting months or even years after the acts were inflicted upon the prisoners.” The other two documents, from 2003 and 2004, are memos from the CIA related to requests for legal advice from the Justice Department. The 2003 memo shows that the OLC authorized the agency to use what it called “enhanced interrogation techniques”; the memo shows that when those techniques were used, the CIA documented, among other things, “the nature and duration of each such technique employed” and “the identities of those present.” The 2004 memo shows that CIA interrogators were told that the Justice Department had concluded that waterboarding and other “harsh interrogation methods” did not constitute torture. The memo also advised CIA interrogators that, in light of the Supreme Court’s ruling that courts can decide whether foreign citizens could be held at Guantanamo (see June 28, 2004), they should be aware that their actions might possibly be subject to judicial review. Jaffer says: “While the documents released today do provide more information about the development and implementation of the Bush administration’s torture policies, even a cursory glance at the documents shows that the administration continues to use ‘national security’ as a shield to protect government officials from embarrassment, criticism, and possible criminal prosecution. Far too much information is still being withheld.” [American Civil Liberties Union, 7/24/2008]
A US drone strike kills al-Qaeda leader Midhat Mursi (a.k.a. Abu Khabab al-Masri). He is one of six people killed in the strike on a compound in South Waziristan, in Pakistan’s tribal region. Mursi, an Egyptian, was considered a poisons and explosives expert, and was accused of training the suicide bombers in the 2000 USS Cole bombing. He also is believed to have run the Darunta training camp in eastern Afghanistan until it was abandoned during the US invasion in late 2001. The US had put a $5 million bounty on him. A statement by al-Qaeda leader Mustafa Abu al-Yazid posted on the Internet about a week later will confirm his death. [Associated Press, 8/3/2008]
Yousaf Raza Gillani. [Source: Public Domain]Pakistan’s prime minister, Yousaf Raza Gillani, visits the US and meets with President George Bush in Washington, D.C. Bush privately confronts Gillani with evidence that the ISI, Pakistan’s intelligence agency, has been helping the Taliban and al-Qaeda. US intelligence has long suspected that Pakistan has been playing a “double game,” accepting over a billion dollars of US aid per year meant to help finance Pakistan’s fight with Islamic militants, but at the same time training and funding those militants, who often go on to fight US soldiers in Afghanistan. The London Times reports that Gillani “was left in no doubt that the Bush administration had lost patience with the ISI’s alleged double game.” Bush allegedly warned that if one more attack in Afghanistan or elsewhere were traced back to Pakistan, the US would take “serious action.” The key evidence is that US intelligence claims to have intercepted communications showing that the ISI helped plan a militant attack on the Indian embassy in Kabul, Afghanistan, earlier in the month (see July 7, 2008). US officials will leak this story of ISI involvement to the New York Times several days after Bush’s meeting with Gillani (see August 1, 2008). Gillani also meets with CIA Director Michael Hayden, who confronts him with a dossier on ISI support for the Taliban. Pakistanis officials will claim they were shocked at the “grilling” they received. One Pakistani official who came to the US with Gillani will say, “They were very hot on the ISI. Very hot. When we asked them for more information, Bush laughed and said, ‘When we share information with your guys, the bad guys always run away’.” When the story of Bush’s confrontation with Gillani is leaked to the press, Pakistani officials categorically deny any link between the ISI and militants in Afghanistan. But senior British intelligence and government officials have also told the Pakistanis in recent days that they are convinced the ISI was involved in the embassy bombing. This is believed to be the first time the US has openly confronted Pakistan since a warning given several days after 9/11 (see September 13-15, 2001). The US is said to be particularly concerned with the ISI’s links to Jalaluddin Haqqani, who runs a militant network that the US believes was involved in the bombing. And the US is worries about links between the ISI and Lashkar-e-Toiba, a Pakistan-based militant group that is said to have been behind a recent attack against US forces in Afghanistan that killed nine. [London Times, 8/3/2008]
Not long before anthrax attacks suspect Bruce Ivins commits suicide on July 29, 2008 (see July 29, 2008), W. Russell Byrne, an infectious-disease specialist who knows Ivins, sees him at a Sunday service at the local Roman Catholic church they both attend. Bryne will later recall: “He just looked worried, depressed, anxious, way turned into himself.… It would be overstating it to say he looked like a guy who was being led to his execution, but it’s not far off.” [Washington Post, 8/2/2008] Ivins is under 24-hour surveillance by the FBI at this time (see July 23, 2008), but it is unknown if he is under any kind of suicide watch. Jeffrey Adamovicz, who was Ivins’s boss several years earlier, will later say: “A lot of the tactics [the FBI used against Ivins] were designed to isolate him from his support. The FBI just continued to push his buttons.” [Washington Post, 8/3/2008]
On July 29, 2008, anthrax attacks suspect Bruce Ivins and his attorney Paul Kemp are scheduled to have a meeting with FBI investigators. However, Ivins overdosed on pills two days earlier and dies two hours before the meeting is to take place (see July 29, 2008). In initial press reports, it is claimed that investigators had scheduled the meeting to discuss a plea bargain that would send Ivins to prison for life, but spare him a death sentence. [Washington Post, 8/2/2008] But these reports appear to be incorrect. Time magazine soon claims, “Contrary to previous media reports, Kemp says his client had not been negotiating a plea agreement at the time of his death. Indeed, contrary to some suggestions in initial reports, the grand jury investigating the case was at least a few weeks from handing down any kind of indictment.” Kemp further claims that he and Ivins had met with the FBI about four or five times since the FBI told Ivins he could be a suspect the year before, and this is just another in that series of meetings. Kemp says he did attend the meeting, not knowing Ivins was already dead. [Time, 8/5/2008] Tom DeGonia, who is co-counsel with Kemp, says that he attended the meeting with Kemp. He says that investigators gave a reverse proffer, which basically means they were revealing their intention to eventually indict him. DeGonia claims that while Ivins was alive, “We were never informed or advised that an indictment was imminent of him,” and while Ivins had been informed that he was a suspect, he had never been informed that he was the prime suspect. [WTOP Radio 103.5 (Washington), 8/8/2008] Jeffrey Taylor, the US Attorney in Washington, DC, also says that the meeting was to present “a reverse proffer, where we were going to sit down with him and lay our cards on the table: Here’s what we have. Here’s where this investigation is going.” [US Department of Justice, 8/6/2008]
Bruce Ivins in 2003. [Source: Agence France-Presse / Getty Images]US government microbiologist Bruce Ivins dies of an apparent suicide. The Los Angeles Times is the first media outlet to report on his death three days later. The Times claims that Ivins died “just as the Justice Department was about to file criminal charges against him” for the 2001 anthrax attacks (see October 5-November 21, 2001). For the last 18 years, Ivins had worked at the United States Army Medical Research Institute of Infectious Diseases (USAMRIID), the US government’s top biological research laboratory at Fort Detrick, Maryland. His name had not been made public as a suspect in the case prior to his death. He dies at Frederick Memorial Hospital after ingesting a massive dose of prescription Tylenol mixed with codeine. Apparently there is no suicide note or any other known final message from Ivins. [Los Angeles Times, 8/1/2008] According to the Washington Post, Ivins had ingested the pills two or three days before he actually died. He was admitted to Frederick Memorial Hospital two days before his death. Investigators had scheduled a meeting with Ivins’s attorneys to discuss the evidence against him. However, Ivins dies two hours before the meeting is to take place (see July 29, 2008). [Washington Post, 8/2/2008] Apparently, no autopsy is performed on Ivins’s body. A Frederick Police Department lieutenant says that based on laboratory test results of blood taken from the body, the state medical examiner “determined that an autopsy wouldn’t be necessary” to confirm he died of a suicide. [Bloomberg, 8/1/2008]
On July 29, 2008, when anthrax attacks suspect Bruce Ivins commits suicide (see July 29, 2008), the FBI still has not completed its case against him. Several days later, the New York Times reports that a grand jury in Washington had been planning to hear several more weeks of testimony before deciding to issue an indictment or not. Additionally, just days before his death, FBI agents
seize two public computers from the downtown public library in Frederick, the Maryland town where Ivins lives. The Times will call this “an indication that investigators were still trying to strengthen their case…” [New York Times, 8/4/2008]
Sherry Rehman, Pakistan’s information minister, admits to journalists that the ISI, Pakistan’s intelligence agency, still contains pro-Taliban operatives. She says, “We need to identify these people and weed them out.” However, she later changes her statement, claiming that the problems were in the past and there will be no purge. [London Times, 8/3/2008] Her comment comes right as US intelligence accuses the ISI of involvement in a recent bombing of the Indian embassy in Afghanistan (see July 7, 2008 and August 1, 2008).
Melanie Ulrich. [Source: Andrew Schotz]On August 1, 2008, it is first reported that Bruce Ivins, a scientist at USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland, apparently killed himself after the FBI made him their chief suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). But many of Ivins’s colleagues at USAMRIID doubt that he was the killer.
On August 1, one unnamed colleague says, “They took an innocent man, a distinguished scientist, and smeared his reputation, dishonored him, questioned his children and drove him to take his life.… He just didn’t have the swagger, the ego to pull off that kind of thing, and he didn’t have the lab skills to make the fine powder anthrax that was used in the letters.” [ABC News, 8/1/2008]
On August 2, an unnamed USAMRIID employee says, “Almost everybody… believes that he had absolutely nothing to do with [the anthrax attacks].” [Washington Post, 8/2/2008]
Former colleague Norm Covert says, “We’re looking at a man with a distinguished 30-something-year career, unparalleled and known around the world.… His career and his reputation are trashed and the FBI still hasn’t said what they have on him.” [CNN, 8/2/2008]
Also on August 2, Dr. Kenneth Hedlund, the former chief of bacteriology as USAMRIID, says, “He did not seem to have any particular grudges or idiosyncrasies.… He was the last person you would have suspected to be involved in something like this.” [New York Times, 8/2/2008] Three days later, Hedlund adds, “I think he’s a convenient fall guy. They can say, ‘OK, we found him, case closed, we’re going home. The FBI apparently applied a lot of pressure to all the investigators there, and they found the weakest link.” He also says that Ivins was a bacteriologist and lacked the expertise to convert the anthrax into the deadly form used in the 2001 attacks.
Former colleague Dr. W. Russell Byrne says he believe Ivins was singled out partly because of Ivins’s personal weaknesses. “If they had real evidence on him, why did they not just arrest him?” [Baltimore Sun, 8/5/2008]
On August 4, David Franz, head of USAMRIID in the late 1990s, says, “The scientific community seems to be concerned that the FBI is going to blow smoke at us.” [Los Angeles Times, 8/4/2008]
On August 6, more than 200 of his USAMRIID colleagues attend a memorial for him. Col. John Skvorak, commander of USAMRIID, praises Ivins’s “openness, his candor, his humor and his honesty.” [Wall Street Journal, 8/7/2008]
On August 8, former colleague Gerry Andrews says, “Nothing is unimaginable. But I would definitely say it is doubtful” that Ivins was behind the anthrax attacks. [New York Times, 8/8/2008]
Also on August 8, Melanie Ulrich, a USAMRIID scientist until 2007, says the FBI’s case against Ivins does not add up and their description of him does not match the person she worked with for six years. For instance, she said that shortly after 9/11, an intensive, all-encompassing psychological review was conducted of all USAMRIID employees with access to dangerous biological agents, and it does not make sense that some as supposedly as unstable as Ivins could have remained employed for years of such scrutiny. The FBI claims that an anthrax flask in Ivins’s custody was the “parent” of a certain anthrax strain, but Ulrich says different anthrax samples were genetically identical so any one sample can not be more of a “parent” than any other. The FBI suggests Ivins used a lyophilizer to make powdered anthrax, but Ulrich says Ivins signed out a SpeedVac, but not a lyophilizer, which is too large to fit in the secure protective area Ivins used at the time. Furthermore, a SpeedVac operates slowly and it would have been impossible for Ivins to use it to dry the amount of anthrax used in the letters in the time frame the FBI says he did. [Herald-Mail, 8/8/2008]
On August 9, after the FBI has laid out its evidence against Ivins, Jeffrey Adamovicz, one of Ivins’s supervisors in USAMRIID’s bacteriology division, says, “I’d say the vast majority of people [at Fort Detrick] think he had nothing to do with it.” [Newsweek, 8/9/2008] He also says that the anthrax sent to Sen. Tom Daschle (D-SD) was “so concentrated and so consistent and so clean that I would assert that Bruce could not have done that part.” [McClatchy Newspapers, 8/7/2008]
Former colleague Luann Battersby says Ivins was weird, but “not any weirder than a typical scientist.… He was not the weirdest by far I worked with down there.” She says that he was not a “strong person.… I would say he was milquetoast.… The fact that he was a terrorist doesn’t really square with my opinion with who he was.… I’m amazed at all this. I assume there’s evidence and that it’s true, but I certainly never would have suspected him.” She says she is unsure if he had the technical skills to commit the crime. [Evening Sun, 8/10/2008]
Pages from two passports seized in the raid. Both show pictures of Fazul but have different names. [Source: East African Standard]An al-Qaeda leader named Fazul Abdullah Mohammed, (a.k.a. Haroun Fazul), narrowly escapes capture in Kenya. The US government claims that Fazul had important roles in the 1998 embassy bombings in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998) and the 2002 hotel bombing in Mombasa, Kenya (see November 28, 2002). Fazul was indicted for the embassy bombings before 9/11, and there is a $5 million reward for him. On August 2, 2008, Kenyan police raid a house in Malindi, a town on Kenya’s coast. Two passports bearing Fazul’s picture but different names are found, as well as his laptop computer. A Kenyan newspaper reports that a local police officer may have tipped off Fazul about the raid minutes before it took place. A half-eaten meal is discovered in the house, and the television is still on, leading police to believe that he ran out of the house just before they arrived. Three Kenyans are arrested and charged with helping to hide him. He reportedly narrowly escaped a US air strike in Somalia in 2007 (see December 24, 2006-January 2007), as well as a police raid in Kenya in 2003. [CNN, 8/4/2008; East African Standard, 8/5/2008] He will be killed in Somalia in 2011 (see June 10, 2011).
Experts disagree if recently deceased anthrax attacks suspect Bruce Ivins had the skills needed to make the anthrax used in the attacks.
Bioweapons Expert - “One bioweapons expert familiar with the FBI investigation” says Ivins did have this skills. This expert points out that Ivins worked with anthrax at USAMRIID, the US Army’s top bioweapons laboratory, and regularly made sophisticated preparations of anthrax bacteria spores for use in animal tests. “You could make it in a week,” the expert says. “And you could leave USAMRIID with nothing more than a couple of vials. Bear in mind, they weren’t exactly doing body searches of scientists back then.”
Former Weapons Inspector - But others disagree. Richard Spertzel, a former UN weapons inspector who worked with Ivins at USAMRIID, says: “USAMRIID doesn’t deal with powdered anthrax.… I don’t think there’s anyone there who would have the foggiest idea how to do it. You would need to have the opportunity, the capability and the motivation, and he didn’t possess any of those.”
Unnamed Former Colleague - An unnamed scientist who worked with Ivins says it was technically possible to make powdered anthrax at USAMRIID, but, “As well as we knew each other, and the way the labs were run, someone would discover what was going on, especially since dry spores were not something that we prepared or worked with.” [Washington Post, 8/3/2008]
Former Supervisor - Jeffrey Adamovicz, who had been Ivins’s supervisor in recent years, says that the anthrax sent to Sen. Tom Daschle (D-SD) was “so concentrated and so consistent and so clean that I would assert that [Ivins] could not have done that part.” [McClatchy Newspapers, 8/7/2008]
USAMRIID Division Chief - Gerry Andrews, the chief of USAMRIID’s bacteriology division at USAMRIID from 1999 to 2003, says the anthrax in the Daschle letter was “a startlingly refined weapons-grade anthrax spore preparation, the likes of which had never been seen before by personnel at [USAMRIID]. It is extremely improbable that this type of preparation could ever have been produced [there], certainly not of the grade and quality found in that envelope” (see August 9, 2008).
FBI Scientist - On August 18, FBI scientist Vahid Majidi says, “It would have been easy to make these samples at USAMRIID.” He believes that one person could make the right amount of anthrax in three to seven days (see August 18, 2008). [US Department of Justice, 8/18/2008]
The Kappa Kappa Gamma storage facility is located in this brick building. [Source: Mike Derer / Associated Press]On August 4, 2008, the Associated Press reports that the FBI has an explanation for why deceased anthrax attacks suspect Bruce Ivins allegedly mailed the anthrax letters from a particular mailbox in Princeton, New Jersey: it is located across the street from a college sorority that he has had a grudge and obsession with for many years. “Multiple US officials” tell the Associated Press that Ivins was obsessed with Kappa Kappa Gamma, which has “a sorority that [sits] less than 100 yards away from” the mailbox from which he is said to have sent the letters. Ivins was said to have been fixated about the sorority since he apparently was romantically rebuffed by one of its members while attending college in Ohio decades earlier. Katherine Breckinridge Graham, an adviser to the sorority’s Princeton University chapter, says she has been interviewed by FBI agents “over the last couple of years” about the case. She says Ivins had no known connection to the Princeton chapter of the sorority or any of its members. [Associated Press, 8/4/2008; Associated Press, 8/5/2008] But the next day, the Associated Press publishes an updated version of the same article which reveals that Kappa Kappa Gamma does not have a Princeton University house for its members at all. The mailbox is near where the sorority has a storage unit for its initiation robes, rush materials, and other property. The article notes, “Even the government officials [who leaked the story] acknowledged that the sorority connection is a strange one, and it’s not likely to ease concerns among Ivins’ friends and former co-workers who are skeptical about the case against him.” [Associated Press, 8/5/2008] The New York Times notes that Ivins had visited “Kappa Kappa Gamma sorority houses at universities in Maryland, Virginia and West Virginia,” but the last such visit was in 1981. [New York Times, 8/5/2008] Salon columnist Glenn Greenwald, a skeptic of the FBI’s case against Ivins, calls the sorority theory a “pitifully thin reed.” [Salon, 8/6/2008]
The Wall Street Journal publishes an op-ed by Richard Spertzel entitled, “Bruce Ivins Wasn’t the Anthrax Culprit.” As a UN weapons inspector, Spertzel headed the search for biological weapons in Iraq from 1994 to 1999. Spertzel does not believe the FBI’s case against deceased anthrax attacks suspect Bruce Ivins mainly because he maintains that the anthrax used in the 2001 attacks was weaponized and Ivins did not have the skills to weaponize anthrax. Spertzel writes: “The spores could not have been produced at [USAMRIID], where Ivins worked, without many other people being aware of it. Furthermore, the equipment to make such a product does not exist at the institute.” He says the anthrax spores were “tailored to make them potentially more dangerous.” He cites comments by government officials in the months after the attacks which claimed that the spores were coated with silica and the particles in them were given a weak electric charge, making it easier for the spores to float through the air. He concludes: “From what we know so far, Bruce Ivins, although potentially a brilliant scientist, was not… [someone who] could make such a sophisticated product.… The multiple disciplines and technologies required to make the anthrax in this case do not exist at [USAMRIID]. Inhalation studies are conducted at the institute, but they are done using liquid preparations, not powdered products.” [Wall Street Journal, 8/5/2008] The FBI will present more evidence against Ivins in subsequent days (see August 6, 2008), and will assert that the anthrax spores were not weaponized with silica or anything else. But Spertzel will remain skeptical. On August 13, he will say of the case against Ivins: “Until we see the details, who knows?… There are too many loose ends.” [Time, 8/13/2008]
Jeffrey Taylor at the press conference. [Source: Agence France-Presse / Getty Images]The FBI holds a press conference laying out their evidence against recently deceased anthrax attacks suspect Bruce Ivins. Some evidence is unsealed by a judge, and US Attorney for the District of Columbia Jeffrey Taylor presents the evidence to the media several hours later. Taylor says, “We consider Dr. Ivins was the sole person responsible for this attack.” Government investigators also allege:
Ivins alone controlled anthrax flask RMR-1029, which matches the anthrax used in the attacks (see February 22-27, 2002). Taylor says RMR-1029 was “created and solely maintained” by Ivins and that no one else could have had access to it without going through him.
Ivins worked an unusual amount of overtime in his lab around the time the anthrax letters were mailed and he could not give a good reason why.
In counseling sessions, he allegedly threatened to kill people. He also sent a threatening email to a friend involved in the case.
He sent a defective anthrax sample when asked to send a sample to investigators (see February 22-27, 2002).
He was having severe psychological problems at the time of the attacks. At one point, he told a colleague that he “feared that he might not be able to control his behavior” (see April-August 2000 and September-December 2001).
Print defects in envelopes used in the letters suggest they were bought at a post office in 2001 in Frederick, Maryland, where he had an account.
He was re-immunized against anthrax in early September 2001.
He sent an e-mail a few days before the anthrax attacks warning that “Bin Laden terrorists” had access to anthrax. This e-mail allegedly used similar language as the anthrax letters.
He frequently wrote letters to the editor and often drove to other locations to disguise his identity as the sender of documents. [BBC, 8/6/2008; US Department of Justice, 8/6/2008]
But many are not impressed with the FBI’s case. Over the next two days, the editorial boards at the New York Times, Washington Post, and Wall Street Journal argue that an independent inquiry should review and judge the evidence against Ivins (see August 7, 2008, August 7, 2008, and August 8, 2008). Salon columnist Glenn Greenwald will note, “One critical caveat to keep at the forefront of one’s mind is that when one side is in exclusive possession of all documents and can pick and choose which ones to release in full or in part in order to make their case, while leaving out the parts that undercut the picture they want to paint—which is exactly what the FBI is doing here—then it is very easy to make things look however you want.” [Salon, 8/6/2008]
On August 6, 2008, the FBI claims that anthrax attacks suspect Bruce Ivins did not cooperate with investigators in 2002 and failed to hand over anthrax samples that could have linked him to the attacks. This is cited as an important reason why he is named as the FBI’s prime suspect. However, on August 19, it is revealed that Ivins did in fact hand over anthrax samples to the FBI in 2002. In February 2002, he sent in a sample but it did not meet the FBI’s standards for evidence, so the FBI destroyed it (see February 22-27, 2002). In April 2002, he sent in another sample and the FBI did use that (see April 2002). However, one investigator had kept a copy of the first sample, and it was later found not to match the second sample. This first sample was eventually shown to match with the anthrax used in the attacks, while the second one did not match. [Frederick News-Post, 8/19/2008]
Senator Charles Grassley (R-IA) sends a letter to Attorney General Michael Mukasey and FBI Director Robert Mueller with a list of 18 questions about the FBI’s anthrax attacks investigation. He gives them two weeks to respond. The Los Angeles Times says the questions raise “concerns about virtually every aspect of the probe.” Grassley’s questions include how the government focused on suspect Bruce Ivins (who apparently committed suicide about a week earlier July 29, 2008), what was known about his deteriorating mental condition, whether he had taken a lie-detector test, and why investigators are sure that no one else helped him. “The FBI has a lot of explaining to do,” Grassley says. Representative Rush Holt (D-NJ) also says in an interview that he is in discussions with other Congresspeople to arrange a Congressional inquiry that would combine the efforts of several Congressional oversight committees. Referring to President John F. Kennedy’s 1963 assassination, Holt says, “We don’t want this to be another Lee Harvey Oswald case where the public says it is never solved to their satisfaction. Somebody needs to finish the job that would have been finished in a court of law.” Other than Congress, “I’m not sure where else to do it.” [Los Angeles Times, 8/8/2008]
On August 8, 2005, the Washington Post reports that the FBI concedes that the anthrax sample that the FBI believes Bruce Ivins used in the 2001 anthrax attacks, RMR-1029, was shared with as many as 15 other laboratories across the US. But another clue was used to rule out the other labs. All four recovered anthrax letters used the same pre-stamped envelope, and the envelopes had a tiny printing defect. All of the envelopes with this defect were sold at post offices in Virginia and Maryland. Ivins was living in Frederick, Maryland, and rented a mailbox at the Frederick post office. Jeffrey Taylor, US Attorney for Washington, DC, says that investigators eventually concluded that “the envelopes used in the mailings were very likely sold at a post office in the greater Frederick, Md. area.” [Washington Post, 8/7/2008] However, it is not clear how the FBI narrowed down to just Frederick and not elsewhere in Maryland or Virginia. On August 15, the New York Times reports, “[P]eople who were briefed by the FBI said a batch of misprinted envelopes used in the anthrax attacks… could have been much more widely available than bureau officials had initially led them to believe.” [New York Times, 8/15/2008]
On August 8, 2008, the Washington Post prints an FBI leak that on September 17, 2001, anthrax attacks suspect Bruce Ivins took administrative leave from his job at USAMRIID (the US Army’s top biological laboratory) in the morning and did not return to a work appointment until about 4 or 5 p.m. later that day. USAMRIID, in Frederick, Maryland, is about three hours away from the Princeton, New Jersey, mailbox where the first batch of anthrax letters are mailed that day. This would give him just enough time to drive to Princeton and then quickly return. The Post says that “government sources” believe “the gap recorded on his time sheet [offers] investigators a key clue into how he could have pulled off” the anthrax attacks. [Washington Post, 8/8/2008]
Debunked - However, Salon columnist Glenn Greenwald soon points out, “But almost immediately after the FBI leaked this theory as to when and how Ivins traveled to New Jersey undetected, it was pointed out in several online venues… that this timeline made no sense whatsoever—that, indeed, the FBI’s own theories were self-contradictory.” In other recently released documents, the FBI defines the “window of opportunity” for mailing that batch of letters as beginning on September 17 at 5 p.m. and ending sometime on September 18, because the last mail pick up is at 5 p.m. and the letters in question have a September 18 postmark. Ivins could not have traveled by day to Princeton and posted the letters after 5 p.m. if he was already back in his Maryland office by 5 p.m. [Salon, 8/18/2008]
FBI Changes Claim - On August 14, 2008, the FBI completely changes its claim. The Post reports: “[G]overnment sources offered more detail about Ivins’s movements on a critical day in the case: when letters were dropped into the postal box on Princeton’s Nassau Street… Investigators now believe that Ivins waited until evening to make the drive to Princeton on Sept. 17, 2001. He showed up at work that day and stayed briefly, then took several hours of administrative leave from the lab, according to partial work logs. Based on information from receipts and interviews, authorities say Ivins filled up his car’s gas tank, attended a meeting outside of the office in the late afternoon, and returned to the lab for a few minutes that evening before moving off the radar screen and presumably driving overnight to Princeton. The letters were postmarked Sept. 18.” [Washington Post, 8/14/2008]
Criticism of FBI - Greenwald comments several days later, “That the FBI is still, to this day, radically changing its story on such a vital issue—namely, how and when Bruce Ivins traveled to New Jersey, twice, without detection and mailed the anthrax letters—is a testament to how precarious the FBI’s case is.… [T]heir own theory as to how and when he sent the letters was squarely negated by their own claims, and so they had to re-leak their theory to the Post once that glaring deficiency, which they apparently overlooked, was pointed out on-line. This isn’t some side issue or small, obscure detail. Being able to link an accused to the scene of the crime is the centerpiece of any case.”
Criticism of Washington Post - Greenwald is also critical of the Post, noting that one Post journalist, Carrie Johnson, wrote or co-wrote the two articles, and yet failed to note the second article presented “a brand new theory that contradicted the one she mindlessly passed on from the FBI the week before.… To the contrary, in touting the FBI’s brand new theory, Johnson wrote that ‘government sources offered more detail about Ivins’s movements on a critical day in the case’—as though the FBI’s abandonment of its prior claim in favor of a new one comprised ‘more detail.’ The FBI didn’t offer ‘more detail’; it offered completely ‘new detail’ because the last ‘detail’ they leaked to Johnson was almost instantaneously disproven…” [Salon, 8/18/2008]
Gerry Andrews, the chief of the bacteriology division at USAMRIID from 1999 to 2003, publishes an editorial in the New York Times. USAMRIID is the US Army’s top biological laboratory, and one of Andrew’s subordinates there was Bruce Ivins, the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001) and also a friend of Andrews. Andrews says that the FBI’s recently revealed case against Ivins is unimpressive and lacks physical evidence. He states that the anthrax contained in a letter to Senator Tom Daschle (D-SD) was “a startlingly refined weapons-grade anthrax spore preparation, the likes of which had never been seen before by personnel at [USAMRIID]. It is extremely improbable that this type of preparation could ever have been produced [there], certainly not of the grade and quality found in that envelope.” Andrews also complains that the FBI has not provided “enough detail about their procedure to enable other scientists to tell whether they could actually single out Dr. Ivins’s spore preparation as the culprit…” [New York Times, 8/9/2008]
The Justice Department gives a private briefing to some Congresspeople and government officials outlining the FBI’s case against deceased anthrax attacks suspect Bruce Ivins. Senator Tom Daschle (D-SD), a target of one of the 2001 anthrax letters, attends the briefing and is impressed with the FBI’s arguments. He says that prior to the briefing, he was “very dubious,” but now he finds the government’s case “complete and persuasive.” [USA Today, 8/13/2008] However, Daschle’s reaction seems to be unusual. The New York Times reports that “a number of listeners said the briefing left them less convinced that the FBI had the right man, and they said some of the government’s public statements appeared incomplete or misleading.” Representative Rush Holt (D-NJ) says, “The case is built from a number of pieces of circumstantial evidence, and for a case this important, it’s troubling to have so many loose ends. The briefing pointed out even more loose ends than I thought there were before.” Naba Barkakati, the chief technologist for the Government Accountability Office (GAO), says: “It’s very hard to get the sense of whether this was scientifically good or bad. We didn’t really get the question settled, other than taking their word for it.” As a result of these continuing doubts, the FBI decides to make public more details of their scientific evidence against Ivins in a press conference to be held a week later. [New York Times, 8/15/2008]
Vahid Majidi. [Source: FBI]In the face of continued widespread doubt about the government’s case against deceased anthrax attacks suspect Bruce Ivins (see August 12, 2008), the FBI holds a press conference presenting more of its scientific evidence against Ivins. A panel discussion of experts working with the FBI is headed by Dr. Vahid Majidi, the FBI’s assistant director for the Weapons of Mass Destruction Directorate, and Dr. Chris Hassell, who heads the FBI’s laboratory. The others on the panel are Paul Keim, Dr. James Burans, Dr. Rita Colwell, Claire Fraser-Liggett, Jacques Ravel, and Dr. Joseph Michael. They are all scientists who assisted with the FBI investigation.
Majidi says, “[T]here were no additional additives combined with the [anthrax] to make them any more dispersible.” He adds, “The material we have is pure spores.”
Hassell says that over 60 scientists worked with the anthrax investigation, validating the data throughout the process. He also says that more than ten peer reviewed scientific articles will be published in the coming months about the science behind the investigation’s findings.
Michael explains that initial results showed that the anthrax spores contained silicon and oxygen. This led to erroneous conclusions that the anthrax had been weaponized with additives to make it more deadly. Later, more powerful microscope analysis showed that the silicon and oxygen were within the anthrax spores and not a layer outside the spores, indicating the anthrax was not weaponized.
Burans says the silicon and oxygen were natural occurrences in the spores and they would not have made the anthrax deadlier since they were not on the outside of the spores.
Asked if the silicon and oxygen could have been intentionally put in the anthrax by a person, an unnamed official replies, “The understanding of that process is not well understood.”
Majidi says scientists were unable to determine what equipment was used to turn wet anthrax into the dry powder used in the attacks.
Burans says that one reason why there was so much confusion about the weaponization of the anthrax is because so little is known about dry anthrax. Nearly all experimentation on anthrax is done using wet anthrax, because it is much safer to handle. He says: “to this day in our laboratories, we avoid at all costs working with [anthrax] in dried form. There’s no reason to.”
Majidi says scientists were able to make anthrax resembling the anthrax used in the attacks, and the anthrax they made behaved in the same way. However, they were not able to recreate the presence of silicon inside the spores. He says, “It would have been easy to make these samples at USAMRIID.” Burans adds that one person could make the amount of anthrax used in the letters in three to seven days. [US Department of Justice, 8/18/2008]
On August 18, 2008, the FBI presented some of its scientific evidence against anthrax attacks suspect Bruce Ivins at a press briefing (see August 18, 2008). However, one day later the New York Times editorial board writes that more evidence needs to be presented: “The FBI spent years pointing a finger at a different suspect. It is not enough for the agency to brush off continuing skepticism.… None of this circumstantial evidence [pointing to Ivins] has been subjected to close outside scrutiny. Congress should be sure to examine it closely.… Now that Dr. Ivins’s suicide has precluded a court trial, there needs to be an independent evaluation of whether the FBI has found the right man.” [New York Times, 8/19/2008] The Times editorial board published a similar editorial on August 7, calling for an independent evaluation of the case against Ivins (see August 7, 2008).
The US dramatically increases the number of CIA drone attacks on Islamist militant targets in Pakistan, and no longer relies on permission from the Pakistani government before striking. Bush administration officials had been increasingly concerned about al-Qaeda’s resurgence in Pakistan’s tribal region. A 2006 peace deal between Islamist militants and the Pakistani government gave al-Qaeda and other militant groups a chance to recover from earlier pressures (see September 5, 2006). However, the Bush administration had close ties with Pakistani President Pervez Musharraf, who did not want more aggressive US action. But Musharraf resigns on August 18, 2008 (see August 18, 2008), and within days, President Bush signs a secret new policy.
More Drone Strikes - From August 31, 2008, until late March 2009, the CIA carries out at least 38 drone strikes in Pakistan’s tribal region. By contrast there were only 10 known drone strikes in 2006 and 2007 combined. There were three strikes in 2006, seven strikes in 2007, and 36 in 2008 (all but seven of those took place after Musharraf resigned in August). Drone capabilities and intelligence collection has improved, but the change mainly has to do with politics. A former CIA official who oversaw Predator drone operations in Pakistan will later say: “We had the data all along. Finally we took off the gloves.”
Permission No Longer Needed - Additionally, the US no longer requires the Pakistani government’s permission before ordering a drone strike. US officials had suspected that many of their targets were tipped off by the ISI, Pakistan’s intelligence agency. Now this is no longer a concern. Getting permission from Pakistan could take a day or more. Sometimes this caused the CIA to lose track of its target (see for instance 2006). [Los Angeles Times, 3/22/2009]
US Ambassador to Pakistan Anne W. Patterson sends a diplomatic cable back to the US reporting on recent discussions she had with Pakistani leaders. In the cable, she discusses a meeting with Pakistani Prime Minister Yousaf Raza Gillani. The issue of when the next US drone strike in Pakistan’s tribal region would be politically feasible came up. According to the cable, Gillani said: “I don’t care if they do it as long as they get the right people. We’ll protest in the National Assembly and then ignore it.” The cable will later be released by the whistleblower website WikiLeaks. [Christian Science Monitor, 12/1/2010; Dawn (Karachi), 12/2/2010]
Lieutenant Colonel Darrel Vandeveld, a former Army prosecutor at Guantanamo, resigns his position after becoming increasingly disillusioned and despondent over the treatment of detainees at the facility, many of whom he believes are likely innocent.
A Reluctant Believer in Stories of Abuse - Vandeveld began as an enthusiastic prosecutor. He joined to help avenge the 9/11 attacks, and served for seven years as a military lawyer in Bosnia, Africa, Afghanistan, and Iraq. “All of us fought because we believed that we were protecting America and its ideals,” he will later write. “But my final tour of duty made me question everything we had done.” Vandeveld was a prosecutor for the Office of Military Commissions in Guantanamo from June 2007 through September 2008. He will write, “Warning signs appeared early on, but I ignored them.” He was powerfully impressed when his superior officer, Colonel Morris Davis, resigned rather than agree to pursue politically motivated prosecutions (see October 4, 2007). Vandeveld’s own turning point came when he began working on the prosecution of Mohammed Jawad, who was 16 at the time he was captured (see December 17, 2002). When Vandeveld learned that Jawad claimed to have been horrifically abused while in US custody, as he later recalls: “I accused him of exaggerating and ridiculed his story as ‘idiotic.’ I did not believe that he was a juvenile, and I railed against Jawad’s defense attorney, whom I suspected of being a terrorist sympathizer.” He came to change his mind, eventually filing a declaration in federal court “stating that it is impossible to prepare a fair prosecution against detainees at Guantanamo Bay (see January 13, 2009).… I had concluded that the system of handling evidence is a haphazard farce. I saw this clearly with Jawad.” Vandeveld will write that he has seen evidence proving both Jawad’s age and his stories of being brutalized, including beatings, being thrown down a flight of stairs, and being subjected to an intense program of sleep deprivation (see June 19, 2008): “As a juvenile, Jawad should have been treated with care, held separately from the adult population, and provided educational and other rehabilitation services. Instead, he was placed in isolation and deprived of sleep. More than once he tried to commit suicide, according to detainee records” (see December 2003).
Torturing an Innocent Man - Vandeveld began combing through evidence suggesting that Jawad was innocent, and found that not only had Jawad been duped and drugged by the terrorists who recruited him, the evidence shows that he never carried out the attack against US soldiers of which he stands accused. Vandeveld writes of the difficulties he had in gathering the evidence; military investigators repeatedly kept it from him. “Only after long delays and many, many requests was it finally given to me,” he will later write, “because even after nearly seven years, the military commissions do not have a system in place for discovering exculpatory evidence or providing it to the defense” (see January 20, 2009).
Sinking into Despair - Vandeveld began working towards Jawad’s release to his family in Afghanistan. But Vandeveld’s superiors refused to countenance the idea. Vandeveld will write of his increasing depression and despair, and his inability to discuss his mental anguish with his family or friends due to the classified nature of the case. He finally turned to a Jesuit priest, Father John Dear, whom, he writes, “has written and spoken widely about justice.” He could not give Dear more than an overview of the situation, but Dear’s advice was blunt. “Quit Gitmo,” Dear told him. “The whole world knows it is a farce. Refuse to cooperate with evil, and start your life over.” But Vandeveld was afraid to take Dear’s advice. As he recalls, “I was afraid of losing friends, my job, whatever popularity I enjoyed, and my status as someone who was well thought of in this community.”
Resignation - It was Dear and, ironically, Jawad’s defense lawyer, whom Vandeveld descirbes as “a scorned adversary whose integrity and intelligence transformed him into a trusted friend,” who finally led Vandeveld to make a decision: he resigns. His final appearance before the Guantanamo military commissions was as a witness in Jawad’s defense (see January 13, 2009). “My testimony was a confession of sorts,” he later writes, “an acknowledgment of the error of my own ways as well as a candid admission of the shortcomings of the system that I had so enthusiastically supported.” [Washington Post, 1/18/2009] Vandeveld will write that Guantanamo has become a “stain” on the US’s international reputation (see January 18, 2009). He will also call for Jawad’s release (see January 13, 2009).
As the Democratic Party’s nominee for US president, Senator Barack Obama (D-IL) is given his first classified intelligence briefing. The briefing includes information on the hunt for Osama bin Laden. An unnamed senior official will later say that Obama already is under the impression that bin Laden has to be hiding in Pakistan, and the briefing solidifies that view. The official says, “What I remember in terms of the aftermath of that briefing and into the transition was just how much the focus became on Pakistan.” [Reuters, 5/12/2011]
The New York Times reports that the FBI is still trying to strengthen its case against deceased anthrax attacks suspect Bruce Ivins in the face of heavy criticism (see September 6, 2008). In early August, days after Ivins’s death, Justice Department officials said the investigation would be formally closed within days or weeks. But now they say it will likely remain open for three to six more months. FBI agents are continuing to interview Ivins’s acquaintances and examine the computers he used in an effort to strengthen the case against him. But FBI and Justice Department officials say they have no doubt about their judgment against Ivins. One anonymous Justice Department official says, “People feel just as strongly as they did a month ago that this was the guy.” [New York Times, 9/6/2008]
The New York Times reports that “in interviews last week, two dozen bioterrorism experts, veteran investigators, and members of Congress expressed doubts about the FBI’s conclusions” about deceased anthrax attacks suspect Bruce Ivins, and many “do not think the [FBI] has proved its case” against him. For instance:
Senator Arlen Specter (R-PA) says, “My conclusion at this point is that it’s very much an open matter.… There are some very serious questions that have yet to be answered and need to be made public.”
Senator Charles Grassley (R-IA) says, “If the case is solved, why isn’t it solved? It’s all very suspicious, and you wonder whether or not the FBI doesn’t have something to cover up and that they don’t want to come clean.”
Representative Rush Holt (D-NJ) says, “[The FBI] took their shot… They hoped and maybe believed that the case they laid out would persuade everyone. I think they’re probably surprised by the level of skepticism.”
Bioterrorism expert Dr. Thomas Inglesby says, “For a lot of the scientific community, the word would be agnostic.… They still don’t feel they have enough information to judge whether the case has been solved.”
Dr. Ralph Frerichs, an epidemiologist at the University of California, Los Angeles, says, “There’s no clarity on the simplest aspect: is [making the anthrax used in the attacks] hard to do or easy to do?”
Dr. Gerry Andrews, who once served as Ivins’s boss at USAMRIID, says, “Despite the FBI’s scientific and circumstantial evidence, I and many of Dr. Ivins’s former colleagues don’t believe he did it and don’t believe the spore preparations were made at [USAMRIID]” (see August 1-10, 2008).
Officials have acknowledged “that they did not have a single, definitive piece of evidence indisputably proving that Dr. Ivins mailed the letters—no confession, no trace of his DNA on the letters, no security camera recording the mailings in Princeton, [New Jersey.]” But the Times also notes, “Even the strongest skeptics acknowledged that the bureau had raised troubling questions about Dr. Ivins’s mental health and had made a strong scientific case linking the mailed anthrax to a supply in his laboratory. But they said the bureau’s piecemeal release of information, in search warrant affidavits and in briefings for reporters and Congress, had left significant gaps in the trail that led to Dr. Ivins and had failed to explain how investigators ruled out at least 100 other people who the bureau acknowledged had access to the same flasks of anthrax.” [New York Times, 9/6/2008]
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