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The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).
Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas
Timeline Tags: Civil Liberties
Senior CIA official Robert Grenier, who, as the agency’s mission manager, inquired about the Joseph Wilson mission to Niger on behalf of the vice president’s office (see 4:30 p.m. June 10, 2003), and told Vice President Dick Cheney’s chief of staff, Lewis Libby, that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), is interviewed by the FBI as part of the Plame Wilson investigation. Grenier tells FBI investigators of his June 11, 2003 conversation with Libby, regarding Wilson’s Niger trip and the CIA status of Wilson’s wife, Valerie Plame Wilson (see 2:00 p.m. June 11, 2003). Grenier says that he is not sure whether Plame Wilson’s name came up during the conversation, a story he will tell again to the grand jury investigating the Plame Wilson leak in January 2004, but will change when he testifies for the prosecution in the Libby perjury trial (see January 24, 2007). [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; New York Times, 3/2007]
Abdelghani Mzoudi, charged by the German government in assisting the 9/11 plot, is released from custody, pending completion of his trial. Mzoudi is released on bail following evidence submitted by Germany’s federal criminal office of secret testimony from an unnamed informant who says that Mzoudi was not involved with the planning for the attacks. The presiding judge in the case identifies captured al-Qaeda operative Ramzi bin al-Shibh as the likely source of the testimony. [Guardian, 12/12/2003; BBC, 1/21/2004; Reuters, 1/22/2004; Chicago Tribune, 1/22/2004] Presumably, this information comes from the US government. However, US authorities have repeatedly rejected German attempts to have bin al-Shibh appear in court for his testimony to be examined. [Associated Press, 10/23/2003; Agence France-Presse, 1/22/2004] Mzoudi will be acquitted in February 2004 and his acquittal will be upheld in 2005 as the US continues to refuse access to bin al-Shibh (see February 5, 2004-June 8, 2005).
Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored two similar letters from Waxman (see September 29, 2003 and October 8, 2003). [Waxman, 12/2005]
Six lawyers and two analysts at the US Department of Justice (DOJ) conclude, in a classified memo, that the controversial Texas Congressional redistricting plan headed by Representative Tom DeLay (R-TX—see 2002-2004) is illegal. The memo states that the plan violates the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) by illegally diluting African-American and Hispanic voting power in two Congressional districts. The plan also eliminated several other districts that contained substantial minority voting blocs. Texas Republicans knew the plan would likely be found to be discriminatory, the lawyers write in the memo. The memo says that the Texas legislature went ahead with the plan anyway because it would maximize the number of Republicans the state would send to Congress. The memo concludes, “The State of Texas has not met its burden in showing that the proposed Congressional redistricting plan does not have a discriminatory effect.” A concurring opinion written by one of the DOJ lawyers finds: “This result quite plainly indicates a reduction in minority voting strength. The state’s argument that it has increased minority voting strength… simply does not stand up under careful analysis.”
DeLay, Aide Ignored Concerns about Voting Rights Discrimination - One of the senior aides to DeLay, James W. Ellis, is cited in the memo as pushing for the plan despite fears that the DOJ would reject it. According to the memo, Ellis and other DeLay aides forced the adoption of the plan over two other versions adopted by the Texas Legislature that would not have raised as many concerns about voting rights discrimination. The memo quotes Ellis in an October 2003 memo writing: “We need our map, which has been researched and vetted for months. The pre-clearance and political risks are the delegation’s and we are willing to assume those risks, but only with our map.” Later testimony will show that DeLay and Ellis forced last-minute changes in the map; DeLay attended many of the meetings that produced the map, and Ellis worked through the state’s lieutenant governor and a state senator to shepherd the changes that he and DeLay desired. The final changes were not necessary, the memo finds, except to advance partisan political goals.
Findings Overruled - Regardless of the findings, the lawyers and analysts’ judgment is overruled by senior officials at the DOJ, all appointed by the Bush administration. The DOJ’s civil rights division will affirm the plan as legal and valid. The memo is kept secret for almost two years, and the lawyers and analysts involved in the case, including the authors of the memo, are bound to silence under an unusual gag rule. The DOJ is under no legal burden to accept the findings of the memo, but historically, such findings are given great weight in DOJ rulings. Former Justice Department lawyer Mark Posner later says that it is “highly unusual” for the DOJ to overrule a unanimous finding such as this one: “In this kind of situation, where everybody agrees at least on the staff level… that is a very, very strong case. The fact that everybody agreed that there were reductions in minority voting strength, and that they were significant, raises a lot of questions as to why it was” approved. [US Department of Justice, 12/12/2003 ; Washington Post, 12/2/2005] In December 2005, the Washington Post will reveal the existence of the memo (see December 2, 2005). Days after the Post article, Posner will write an article for the prestigious legal Web site FindLaw that will opine that the DOJ memo was ignored for partisan political reasons, and not because of honest differences of opinion between legal experts (see December 5, 2005).
Saddam Hussein shortly after his capture. [Source: BBC]Saddam Hussein is captured by US forces, in an operation given the title of “Red Dawn.” Hussein is hiding in a tiny cellar at a farmhouse in Adwar, a village south of his hometown of Tikrit. Coalition Provisional Authority administrator L. Paul Bremer announces Hussein’s capture to a group of journalists by saying: “Ladies and gentlemen, we got him.… The tyrant is a prisoner.” According to soldiers present at the capture, Hussein put up no resistance. Iraqi Governing Council head Abdul Aziz al-Hakim says a DNA test proves the man in custody is indeed Saddam Hussein.
Reactions from Western Leaders - US President George W. Bush calls Hussein’s capture “good news,” and White House spokesman Scott McClellan says, “The Iraqi people can finally be assured that Saddam Hussein will not be coming back—they can see it for themselves.” British Prime Minister Tony Blair says Hussein’s capture “removes the shadow” hanging over Iraq. “Where his rule meant terror and division and brutality, let his capture bring about unity, reconciliation and peace between all the people of Iraq.”
Tip from Clan Member Leads to Capture - US military spokesman Major General Raymond Odierno says Hussein was captured within 24 hours of US forces receiving a tip as to Hussein’s whereabouts from a member of his clan. “He was caught like a rat,” says Odierno. “It was ironic that he was in a hole in the ground across the river from the great palaces he built using all the money he robbed from the Iraqi people.” Of the tip, Odierno says: “Over the last 10 days we brought in about five to 10 members of these families, and finally got the ultimate information from one of these individuals.… This was not something that happened overnight. Since we have been [in Iraq] we have collected a lot of intelligence. We always knew that he was relying on family and tribal ties.” It is not known whether that clan member will receive the $25 million offered by the US for information leading to Hussein’s capture. Odierno describes Hussein as “very much bewildered,” and notes that when Hussein was captured, he said “hardly anything at first.” He is described by US officials as polite and cooperative in his captivity.
'Spider Hole' - Hussein’s hiding place, characterized by some US spokesmen as a “spider hole,” was a small hut with two rooms: a bedroom cluttered with clothes, and a kitchen with running water. [BBC, 12/14/2003; Fox News, 12/14/2003] The hut contains some $750,000 in US money. [Christian Science Monitor, 12/15/2003] The cellar where Hussein is found is a tiny, rough-dug hiding place, with a styrofoam cover and a tube to allow air in.
Iraqis Celebrate - In the northern Kurdish town of Kirkuk, people celebrate the news of Hussein’s capture and arrest by blowing their automobile horns and firing guns into the air. [BBC, 12/14/2003; Fox News, 12/14/2003] “We are celebrating like it’s a wedding,” says one Kirkuk resident. “We are finally rid of that criminal.”
Council Members: Hussein Will Stand Trial; Capture Will Bring End to Terrorism in Iraq - Iraqi Governing Council member Ahmed Chalabi says Hussein will be put on trial. “Saddam will stand a public trial so that the Iraqi people will know his crimes,” Chalabi says. Fellow council member Jalal Talabani says that with Hussein’s capture, terrorism in Iraq will cease: “With the arrest of Saddam, the source financing terrorists has been destroyed and terrorist attacks will come to an end. Now we can establish a durable stability and security in Iraq.” [Fox News, 12/14/2003]
The US Supreme Court agrees to hear Vice President Cheney’s appeal of a lower court ruling that found he must reveal documents pertaining to his 2001 energy task force (the National Energy Policy Development Group—see January 29, 2001 and May 16, 2001). Cheney lost the case, filed by the conservative government watchdog group Judicial Watch and the environmentalist organization the Sierra Club, in two lower courts, and has ramrodded the case into the Supreme Court with unusual alacrity—filing the Supreme Court appeal even before the appeals court had finished the case. Cheney’s lawyers from the Justice Department will argue that because of the Constitutional provision of separation of powers, the executive branch can and should keep all such information secret if it so chooses. Judicial Watch and the Sierra Club insist that because energy executives and lobbyists were involved in the task force policy deliberations, federal law mandates that lists of participants and details of the meetings should be made public. Over a year ago, District Court Judge Emmet Sullivan ruled that the White House should either turn over the documents or provide a detailed list of the documents it was withholding, and explain why. The White House has done neither, and instead appealed the decision. The US Court of Appeals refused to overturn Sullivan’s decision and ruled that Cheney had no legal standing to refuse the judicial order. Cheney disagreed, and appealed to the Supreme Court. The Court will hear arguments in the spring of 2004 (see April 27, 2004). Thousands of documents concerning the task force from the Department of Energy, the Environmental Protection Agency, and other federal agencies have already been turned over (see July 17, 2003), but no White House documents have been released. The Sierra Club has accused the Bush administration of trying to delay release of the information until after the November 2004 presidential elections. [Reuters, 12/15/2003]
Entity Tags: US Supreme Court, US Department of Justice, Sierra Club, Environmental Protection Agency, Emmet Sullivan, Bush administration (43), US Department of Energy, Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group
Timeline Tags: US Environmental Record, Civil Liberties
One US lawmaker, Congressman Jim McDermott (D-WA), believes that the story surrounding the capture of Saddam Hussein (see December 14, 2003 and December 17, 2003) is false. Instead, McDermott alleges, the capture was stage-managed for President Bush’s political benefit. “There’s too much by happenstance for it [Hussein’s capture] to be just a coincidental thing,” he tells a Seattle radio interviewer. When asked if he believed the timing was planned to help Bush, McDermott replies: “Yeah. Oh, yeah.” McDermott notes that the US had “been in contact with people all along who knew basically where he was.” He adds that the timing of a recent move by the Iraqi Governing Council to hastily enact legislation for a war crimes court to try former regime members is suspicious. Bush supporters will accuse McDermott of spreading “paranoid conspiracy theories” and “crazy talk.” [Asia Times, 4/17/2004] Subsequent evidence will bear out some of McDermott’s skepticism (see January 2004).
A three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]
The deadline arrives for 9/11 victims’ relatives to apply for government compensation. [Toronto Star, 12/23/2003] By receiving an award from the fund, families give up their right to sue the airlines, airports, security companies, or other US organizations that may be faulted for negligence and inadequate security measures. [CBS News, 3/7/2002; USA Today, 7/13/2003; Washington Post, 9/10/2003] Relatives may still sue “knowing participants in the hijacking conspiracy” without losing compensation. [USA Today, 7/13/2003] Ninety-seven per cent of the 2,973 eligible families apply to the fund; compensation averages about $2.1 million per family. However, 70 families decide to forego the fund, and instead sue various government agencies and private companies for alleged negligence. [New York Times, 6/16/2004; Guardian, 6/16/2004] Widow Beverly Eckert explains her decision: “I am suing because unlike other investigative avenues… my lawsuit requires all testimony be given under oath and fully uses powers to compel evidence. The victims’ fund was not created in a spirit of compassion.… Lawmakers capped the liability of the airlines at the behest of lobbyists who descended on Washington while the September 11 fires still smoldered.” [USA Today, 12/19/2003]
Cell blocks 1A and 2A, where the infamous Abu Ghraib abuses take place. [Source: CBC]The US military replies to the Red Cross’ November 6 letter (see November 6, 2003), claiming that the prisoners being held in cell bocks 1A and 2A of Abu Ghraib are “security detainees” who are not entitled to “full GC protection as recognized in GCIV/5 [Article 5 of the Fourth Geneva Convention].” The 3-page letter adds that “such protection will be afforded as soon as the security situation in Iraq allows it.” Article 5 allows an occupying power to exempt captives from the protection of the Conventions if they can be shown to be a continuing threat to the occupying force. However according to critics of the administration’s judgment, the provision is supposed to be applied on a case-by-case basis and is not meant to include people who have valuable intelligence. [US Department of the Army, 12/24/2003; New York Times, 5/22/2004] The letter also says that the Red Cross should schedule its visits to the cell bocks 1A and 2A ahead of time instead of showing up unannounced. The response letter—written by Army lawyers in Washington but signed by Army Brig. Gen. Janis Karpinski in Baghdad—claims that such visits could interrupt interrogations. [New York Times, 5/19/2004] In fact, many of the detainees in those cell blocks are not suspected to be security threats.
Justice Department spokesman Mark Corallo says: “This country has become a battlefield, and [terrorists] will kill us anywhere they can. All you have to do is go to lower Manhattan and see the hole in the ground.” [Knight Ridder, 12/29/2003]
Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. [Office of the Deputy Attorney General, 12/30/2003 ; Associated Press, 12/30/2003; New York Times, 12/31/2003]
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” [New York Times, 12/31/2003]
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. [Wilson, 2007, pp. 174-175]
Entity Tags: Valerie Plame Wilson, Karl C. Rove, US Department of Justice, John Dion, Patrick J. Fitzgerald, James B. Comey Jr., Bush administration (43), Charles Schumer, Howard Dean, George W. Bush, John Ashcroft
Timeline Tags: Niger Uranium and Plame Outing
Saddam Hussein in US custody. [Source: US Department of Defense]The FBI sends veteran interrogator George Piro to question captured Iraqi despot Saddam Hussein. Over a period of months, Piro uses a combination of friendliness, warmth, and verbal provocations to tease a wealth of information from Hussein. At no time does Piro or other FBI interrogators use “aggressive” or “harsh” interrogation methods against Hussein. Piro works closely with a team of FBI and CIA analysts to pore over Hussein’s responses. He will later recall his sessions with Hussein for CBS News interviewer Scott Pelley.
'Mr. Saddam' - Piro begins calling the dictator “Mr. Saddam,” as a sign of respect; by the end of their time, they are on a first-name basis with one another. Hussein never finds out that Piro is “just” an FBI agent; he believes that Piro is far more influential than he actually is, and is directly briefing President Bush on their conversations. “He didn’t know I worked for the FBI, he didn’t know I was a field agent,” Piro will recall. Had he found out, “I think initially he would have been angry. He would feel that I was way beneath him, and would not respond well to the interrogation. Or even to me.… I think he thought, and actually on a couple of occasions talked around the issue that I was directly answering to the president.” Piro will recall setting several strategies of deception into motion, including his barking orders at the guards to send them into a panic to obey his instructions. “[I]t was all part of our strategy,” Piro will explain.
Controlling the Dictator - Piro will say that he gained physical control of the setting—a small, windowless room with chairs and a table—merely by placing himself between Hussein and the door. “I purposely put his back against the wall,” Piro will recall. “And then mine against the door, psychologically to tell him that his back was against the wall in the interview room. And that I stood between him and the door, psychologically. Between him whether it’s to go back to his cell, freedom, whatever he was projecting to be outside of that door. I was kind of that psychological barrier between him and the door.” Piro will add, “I basically said that I was gonna be responsible for every aspect of his life, and that if he needed anything I was gonna be the person that he needed to talk to.” Piro controls Hussein’s food and cleaning materials—Piro will describe Hussein as a “clean freak” who uses large numbers of baby wipes to disinfect his cell and his food. Piro allows Hussein pen and paper to write what Piro will describe as inordinate amounts of “terrible” poetry. “We had the guards remove their watches,” Piro will recall. “And the only person that was wearing a watch was me. And it was very evident to him, ‘cause I was wearing the largest wristwatch you could imagine. And it was just the act of him asking for the time—was critical in our plan.” Pelley says, “So you controlled time itself,” and Piro answers, “Yes.”
No Coercive Interrogation Methods - Piro will say that no coercive interrogations, such as sleep deprivation, excessive heat or cold, bombardment with loud music, or waterboarding are ever used. “It’s against FBI policy, first,” Piro will explain. “And wouldn’t have really benefited us with someone like Saddam.… I think Saddam clearly had demonstrated over his legacy that he would not respond to threats, to any type of fear-based approach.” The best methods for use with Hussein are, according to Piro, time and patience.
Using Emotions to Create Vulnerability - Piro uses their time to build a relationship with Hussein based on dependency, trust, and emotion. He alternates between treating Hussein with courtesy and kindness, and provoking him with pictures and video images designed to anger and embarrass the former dictator. He uses pictures of the toppling of Hussein’s statues and news videos documenting his overthrow. “I wanted him to get angry. I wanted him to see those videos and to get angry,” Piro will say. “You want to take him through those various emotions. Happy, angry, sad. When you have someone going through those emotions they’re not able to really control themselves. And they’re more vulnerable during the interview.”
Insult Drove Kuwait Invasion - Piro learns that one of the driving forces behind Hussein’s invasion of Kuwait in 1990 (see August 2, 1990) was personal insult. “What really triggered it for him, according to Saddam, was he had sent his foreign minister to Kuwait to meet with the Emir Al Sabah, the former leader of Kuwait, to try to resolve some of the… issues” between Kuwait and Iraq, Piro will recall. “And the Emir told the foreign minister of Iraq that he would not stop doing what he was doing until he turned every Iraqi woman into a $10 prostitute. And that really sealed it for him, to invade Kuwait. He wanted to punish, he told me, Emir Al Sabah, for saying that.” The 1991 US invasion of Iraq (see January 16, 1991 and After) soured Hussein on then-President George H. W. Bush, a feeling that Hussein transferred to the son. “He didn’t like President [George W.] Bush,” Piro will say. “He would have liked meeting President Reagan. He thought he was a great leader. Honorable man. He liked President Clinton. But he did not like President Bush, the first or the current.”
Small Things, Big Impact - Piro will recall the outsized impact relatively small incidents have on Hussein. One night the FBI flies Hussein to a hospital. He is manacled and blindfolded. Piro will remember: “And once I saw how beautiful Baghdad was in the middle of the night, so I took advantage of it. I allowed him to look out and the lights were on. There was traffic. And it looked like any other major metropolitan city around the world. And for him to see that. And as I mentioned, you know, big Baghdad is moving forward without you. I mean, little things like that didn’t require a lot of suggestion on our part. It made its point.” Piro even uses Hussein’s birthday, a former national holiday, to drive home his point. “In 2004, no one celebrated his birthday on April 28th. So the only one that really knew and cared was us. I’d brought him some cookies, and we, the FBI, celebrated his birthday for him.” Piro gives Hussein packets of flower seeds and allows him to plant his own small garden, which he must tend with his hands because the FBI will not allow him to use tools. Piro will recall that their strolls in Hussein’s tiny garden are often the site of large revelations.
Avoiding Capture - Hussein tells Piro that US forces simply missed him during the first days of the invasion, the “shock and awe” assault. “He said that he was at one of the locations. He said it in a kind of a bragging fashion, that he was there, but that we missed him,” Piro later says. “He told me he changed the way he traveled. He got rid of his normal vehicles. He got rid of the protective detail he traveled with. Really just to change his signature so he would be much harder to identify.” And Hussein denies ever using body doubles or decoys, as US intelligence had long asserted.
WMD - Five months into the sessions, Hussein finally opens up to Piro regarding the subject of Iraq’s WMD programs. Using indirection, Piro begins to tease information out of Hussein. “He told me that most of the WMD had been destroyed by the UN inspectors in the ‘90s. And those that hadn’t been destroyed by the inspectors were unilaterally destroyed by Iraq,” Piro will recall. So why, Pelley will ask, did Hussein “put your nation at risk, why put your own life at risk to maintain this charade?” Piro will respond: “It was very important for him to project that because that was what kept him, in his mind, in power. That capability kept the Iranians away. It kept them from reinvading Iraq.” It is apparent, Piro says, that Hussein did not believe he could survive without the perception that he had WMD. But Piro confirms that Hussein always intended to restart his WMD program someday. “The folks that he needed to reconstitute his program are still there,” Piro will observe. “He wanted to pursue all of WMD. So he wanted to reconstitute his entire WMD program.”
Did Not Believe US Would Invade - From there, Hussein begins to explain why he let the US continue to believe he had such weapons even as troops began massing on his borders. He didn’t believe the US would actually invade, he says. As Piro will recall: “[H]e told me he initially miscalculated President Bush. And President Bush’s intentions. He thought the United States would retaliate with the same type of attack as we did in 1998 under Operation Desert Fox (see December 16-19, 1998). Which was a four-day aerial attack. So you expected that initially.” Hussein says that Iraq would have survived a relatively limited aerial bombardment. “He survived that once,” Piro will recall. “And then he was willing to accept that type of attack. That type of damage.” But he never believed the US would invade until almost the moment of the initial assault.
'The Secret War' - Hussein knew his military could not win in any confrontation with the US. Instead, as Piro will recall: “What he had asked of his military leaders and senior government officials was to give him two weeks. And at that point it would go into what he called the secret war.… Going from a conventional to an unconventional war.” Pelley will remark, “So the insurgency was part of his plan from the very beginning,” to which Piro will say, “Well, he would like to take credit for the insurgency.”
Iraq and al-Qaeda - Hussein confirms that his regime had no dealings with al-Qaeda, as many Bush officials have long believed. Hussein considered Osama bin Laden “a fanatic,” according to Piro. “You can’t really trust fanatics,” Hussein tells the interrogator. And he had no interest in any alliance with al-Qaeda. “He didn’t wanna be seen with bin Laden,” Piro will recall. “And didn’t want to associate with bin Laden.” Hussein viewed bin Laden as a threat to him and his regime.
Independent Confirmation and Praise for Piro's Efforts - Hussein’s claims are later verified by independent interrogations with other high-ranking Hussein regime officials. Piro’s boss, FBI Assistant Director Joe Persichini, will say that Piro’s interrogation is a high mark of the bureau’s recent efforts. “The FBI will be celebrating its 100th anniversary this year and I would have to say that the interview with Saddam Hussein is one of the top accomplishments of our agency in the last 100 years,” Persichini will say, and gives credit to Piro’s language skills. Only about 50 of the 10,000 FBI agents speak Arabic, he will note. Piro will credit his FBI and CIA colleagues for their work in analyzing Hussein’s statements, and their extensive knowledge of Hussein and his regime. “The more you know about your subject, the better of an interview… that you’re gonna conduct,” he will say. “You’ll be able to recognize inconsistencies, deception, things like that. Plus it really establishes your credibility within the interview.”
No Regrets - One thing Hussein never shows during his long interviews, Piro later recalls, is remorse. “No remorse,” Piro will say. “No regret.” [CBS News, 1/27/2008]
Entity Tags: George Herbert Walker Bush, Ronald Reagan, George Piro, George W. Bush, Jaber Al-Ahmad Al-Jaber Al-Sabah, Federal Bureau of Investigation, Central Intelligence Agency, Joe Persichini, CBS News, Saddam Hussein, Osama bin Laden, Scott Pelley, Al-Qaeda, William Jefferson (“Bill”) Clinton
Timeline Tags: Torture of US Captives, Iraq under US Occupation
Instead of reporting the names or even the numbers of staffers in the Office of the Vice President (OVP), the office provides the following information for the federal government’s official staff directory, nicknamed the “Plum Book:” “The Vice Presidency is a unique office that is neither a part of the executive branch nor a part of the legislative branch, but is attached by the Constitution to the latter. The Vice Presidency performs functions in both the legislative branch (see article I, section 3 of the Constitution) and in the executive branch (see article II, and amendments XII and XXV, of the Constitution, and section 106 of title 3 of the United States Code). The… legislative branch… and the annual transportation-treasury appropriations act… provide funds for the Vice President to hire employees to assist him in carrying out his legislative and executive functions. Executive branch employees also may be assigned or detailed to the Vice President… . The Office of the Vice President (OVP) consists of the aggregation of Vice Presidential employees whose salary is disbursed by the Secretary of the Senate from the Vice President’s legislative appropriation, Vice Presidential employees employed with the Vice President’s executive appropriation, employees assigned or detailed to the Vice President, and consultants engaged by the Vice President. The numbers, titles and salaries of OVP personnel change with some frequency.” [Government Printing Office, 2004 ]
Iraqi prisoner Farhad Mohamed dies while in US custody in Mosul. Later examination finds contusions under his eyes and the bottom of his chin, a swollen nose, and cuts and large bumps on his forehead. Mohamed’s death will be investigated as a possible murder by the Naval Criminal Investigative Service (NCIS—see May 14, 2008). [American Civil Liberties Union, 5/14/2008]
Posse Comitatus and Aryan Nations leader James Wickstrom (see 1969, 1975 - 1978, 1984, and 2003) tells a reporter in a videotaped interview: “I’d like to see these Jews all be brought to the VA [Veterans Administration Hospital] and wooden chairs be put down on the lawn. Tie the Jews in. Bring these veterans down who have been mutilated… and give them baseball bats and let them beat these Jews to death! Every one of them! Take these chairs and Jews after they’re beaten to death, throw ‘em in the wood chipper! And from the wood chipper let the remains go into a big incinerary [sic] truck, which is right behind the wood chipper, and give them the holocaust they rightly deserve!” [Southern Poverty Law Center, 2010]
Judith Regan (left) and Roger Ailes. [Source: Business Insider]Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), becomes embroiled in a legal conflict involving former New York Police Commissioner Bernard Kerik and his mistress, Judith Regan, a book editor for another arm of Fox News’s parent company News Corporation (NewsCorp). Ailes learns that Kerik has commandeered an apartment overlooking the site of the devastated World Trade Center, intended for the use of rescue and recovery workers, as a “love nest” for his trysts with Regan. Ailes is a close friend and political ally of former New York Mayor Rudolph Giuliani, who recommended Kerik to head the Department of Homeland Security. Kerik is already being pilloried in the press for a number of other ethical and perhaps even criminal activities, and is being vetted for the DHS slot. Ailes and Giuliani do not want the Kerik-Regan affair, and the commandeered apartment, to come to the public’s notice. Court documents later say that Ailes “told Regan that he believed she had information about Kerik that, if disclosed, would harm Giuliani’s presidential campaign.” Ailes “advised Regan to lie to, and to withhold information from, [federal] investigators concerning Kerik.” The attempted cover-up will later be brought to light when NewsCorp fires Regan in 2006, and she brings a wrongful-termination suit that secures a $10.75 million settlement. Regan will not identify Ailes by name, only as a “senior executive” for NewsCorp, but other documents accidentally made public will reveal Ailes’s identity. Reportedly, Regan has her telephone conversations with Ailes on tape. NewsCorp will later claim that Regan has sent it a letter stating that “Mr. Ailes did not intend to influence her with respect to a government investigation.” Regan’s lawyer will say that NewsCorp’s claim does not reflect the entirety of Regan’s letter. Kerik himself will withdraw his name from consideration, and will later be sentenced to four years in prison for tax fraud. [New Republic, 2/24/2011; New York Daily News, 2/24/2011; New York Times, 2/25/2011; New York Magazine, 5/22/2011]
The World Church of the Creator (WCOTC—see May 1996 and After), almost moribund since the jailing of its leader Matthew Hale (see January 9, 2003) and forced to rename itself the Creativity Movement as a result of losing a trademark infringement lawsuit (see November 2002), is taken over by Florida white supremacist Adam Jacobs. Jacobs loses his position after being charged with viciously beating a fellow “Creator” over a period of 11 hours because he believes him to be a “snitch.” The movement again suffers a loss of membership and almost disappears entirely. [Southern Poverty Law Center, 2010]
At the urging of US Attorney John McKay (see October 24, 2001), the Naval Criminal Investigative Service (NCIS) agrees to fund an information database system that will become known as the Northwest Law Enforcement Information Exchange (LInX). The database is intended to let local, state, and federal law enforcement agencies share information. McKay has the support of Deputy Attorney General James Comey, who has the power to direct Justice Department agencies to share their records with the project. When McKay explains the project to Comey, Comey envisions the project being used as part of the “OneDOJ” initiative to persuade Justice Department law enforcement agencies to share information with one another and with state and local law enforcement. Comey will call McKay a “visionary” concerning information sharing, and supports McKay’s efforts wholeheartedly. [US Department of Justice, Office of the Inspector General, 9/29/2008]
In a letter to Representative John Conyers (D-MI), the CIA confirms that Valerie Plame Wilson’s CIA employment status is “classified information.” [Nation, 3/16/2007]
The Environmental Protection Agency (EPA) publishes a proposed new rule, part of the Bush administration’s Clear Skies Initiative, that will ostensibly tighten regulations on allowable limits of mercury in the air. Studies show that even small amounts of mercury exposure to unborn children cause severe cognitive and developmental problems. Coal-fired plants are by far the largest emitters of mercury. But when the new regulations are actually established, they allow the coal industry to keep pumping huge amounts of mercury into the atmosphere for decades to come. It is later learned that Bush administration political appointees had pasted language into the regulations that was written by industry lobbyists. Five EPA scientists later say that the EPA had ignored the recommendations of professional staffers and an advisory panel in writing the rule. The rule, critics say, will delay reductions in mercury levels for decades, while saving the power and coal industry billions of dollars. The Bush administration chose a process that, according to Republican environmental regulator John Paul, “would support the conclusion they wanted to reach.” The panel’s 21 months of work on the issue was entirely ignored. Bruce Buckheit, the former director of the EPA’s air enforcement division, says: “There is a politicization of the work of the agency that I have not seen before. A political agenda is driving the agency’s output, rather than analysis and science.” Russell Train, who headed the EPA during the Nixon and Ford administrations, calls the action “outrageous.” [Los Angeles Times, 3/16/2004; Savage, 2007, pp. 302-303]
Valerie Plame Wilson and Joseph Wilson, photographed in December 2003 for a Vanity Fair profile. [Source: Jonas Karlsson / Vanity Fair]Vanity Fair publishes an interview with Joseph Wilson (see February 21, 2002-March 4, 2002) and his wife, recently outed CIA official Valerie Plame Wilson (see July 14, 2003). It is the first interview with Plame Wilson after her exposure. The article features a photo of the Wilsons, which constitutes the first public photo of Plame Wilson after her exposure. She conceals her features behind large sunglasses and a scarf. [Vanity Fair, 1/2004] Many Bush administration supporters and others will criticize the Wilsons for allowing themselves to be interviewed and photographed. Wilson later calls his wife’s decision to allow herself to be photographed “spur of the moment,” and will note: “She had already been described as the beautiful blonde that she is, and her cover had long since been blown, so the only concern remaining was whether strangers would be able to use a photo to recognize her in public. With proper precautions taken, I saw no reason to deprive ourselves of the pleasure of being photographed together as the happily married couple that we are.” Later assertions that Plame Wilson had “blown her own cover” by allowing herself to be photographed are “laughable,” Wilson will write. [Wilson, 2004, pp. 409-410]
New information shows that Saddam Hussein was not captured (see December 14, 2003) by US forces through the auspices of an informant, as previously reported (see December 17, 2003), but was apparently captured by Kurdish paramilitary forces and turned over to the US. The day of Hussein’s capture, Kurdish media reported that a “special intelligence unit led by Mr. Kosrat Rassul” had captured Hussein. The source of the reports was Jalal Talabani, the leader of the Patriotic Union of Kurdistan (PUK). Iranian news services picked up and expanded on the reports. The next day, a member of Iraq’s Governing Council, Dr. Mahmoud Othman, confirmed the Kurdish claims, as did other independent observers. Subsequent Arab news reports indicated that Mohammed Ibrahim Omar al-Muslit, the so-called informant, actually drugged Hussein and told US forces where to find him. But this story, too, is quickly disputed, with experts believing that Kurdish forces intervened, first acting as negotiators for the US, then bypassing the al-Muslit family and seizing Hussein on their own. Once the Kurds had Hussein, they negotiated with the US to stage his “capture.” It is likely that Hussein was drugged, but by the Kurds and not by al-Muslit. One photo of US troops in front of Hussein’s “spider hole” features ripe dates and drying sausage in the background, which usually exist only in late summer, not December as was the announced date of Hussein’s capture.
'Dragnet' - In July, the US Army captured Adnan Abdullah Abid al-Muslit, identified as “one of Saddam Hussein’s closest bodyguards and collaborators.” The al-Muslit family was apparently helping to hide and protect Hussein; later, one of the family members, Mohammed al-Muslit, was identified as the informant who gave up Hussein’s location to US interrogators. In August, another al-Muslit family member, later identified as Adnan al-Muslit’s brother, was arrested by Iraqi police and given over to US forces. The brother was picked up as part of a larger “dragnet” for anyone with possible knowledge of Hussein’s whereabouts.
Allegations, Speculations of Torture - Many were taken into US custody and interrogated. Amnesty International raised questions as to whether some of the detainees might have been tortured; the human rights organization alleged circumstances that “would amount to torture as defined by UN standards.” [Asia Times, 4/17/2004]
Three former high school students in Henrico County, Virginia, plead guilty to charges of conspiracy to destroy vehicles and property used in interstate commerce. John B. Wade, 19, is sentenced to three years in prison and Aaron Labe Linas, 19, is sentenced to over three years for vandalizing and damaging new homes, SUVs, construction equipment, and fast-food restaurants in Richmond. Linas, who was active in his school’s Friends of the Earth club, reportedly learned of the Earth Liberation Front (ELF—see 1997) through the Internet. A third defendant, Adam Virden Blackwell, 20, will receive a similar federal prison term. The three apparently intended their actions to concur with ELF actions and exhortations. [Anti-Defamation League, 2005]
The US Army announces that it is once again issuing what it calls “stop-loss” orders that will prevent thousands of soldiers from leaving the service once their tours of duty are up in Iraq, Afghanistan, and other active-duty deployments (see November 2002 and November 13, 2003). They will now be forced to remain until the end of their overseas deployments, and will remain available for further deployment for up to 90 days after they return home. The Army estimates that the new orders will affect about 7,000 soldiers. Colonel Elton Manske, chief of the Army’s Enlisted Division, explains, “This decision is really being driven by the readiness of units and the absolute intent to keep the units themselves intact down to as low as the squad and crew level, so we are assured of putting the best fighting force on the battlefield.” The commander of the Army’s Accessions Command, Lieutenant General Dennis Cavin, tells a CNN reporter that the stop-loss program is designed “to provide continuity and consistency” for deployed units and to enhance their ability “to execute their mission to the highest degree of their effectiveness.” The Army is also offering re-enlistment bonuses of up to $10,000 for soldiers deployed in Iraq, Afghanistan, and Kuwait. Military analyst Loren Thompson of the Lexington Institute says, “The use of stop-loss is often an indication of a shortfall of available personnel.” [American Forces Press Service, 1/2/2004; USA Today, 1/5/2004]
After 15 months of brutal torture in Morocco (see July 21, 2002 -- January 2004), British terror suspect Binyam Mohamed (see May-September, 2001) is flown to Afghanistan by the CIA.
Shock at Brutal Treatment - Even the hardened CIA agents in Afghanistan are shocked by the treatment meted out by the Moroccans, who, among other treatments, had repeatedly slashed and lacerated Mohamed’s genitals with scalpels and knives. Mohamed will later recall: “When I got to Kabul a female agent started taking close-up pictures of my genitals. She was shocked. When they removed my diaper she could see blood was still oozing from the cuts on my penis. For the first two weeks they had me on antibiotics and they took pictures of my genitals every day. They told me, ‘This is not for us. It’s for Washington.’ They wanted to be sure it was healing.”
'The Dark Prison' - But the initial shock gives way to a new session of brutality at the hands of his American captors. Mohamed will later call his Afghani detention facility “the dark prison,” and recall it as one of the lowest points of his life. In Morocco, Mohamed confessed to anything he was asked—being part of a plot to build a radioactive “dirty bomb,” being a confidant of 9/11 planner Khalid Shaikh Mohammed, having met Osama bin Laden dozens of times—in order to, he says, avoid further torture. Now the Americans want him to be a prosecution witness against high-ranking al-Qaeda already in US custody. But Mohammed knows nothing of these people or their crimes, he will later say. The tortures with scalpels are not repeated, but Mohamed will recall seemingly endless ordeals of being shackled by the wrists to his door frame, often in complete darkness, and in one memorable instance, being subjected to a rap CD being played in his cell at ear-shatteringly loud volumes for an entire month without stop. “It’s a miracle my brain is still intact,” he will later say. In September, he is transferred to Guantanamo (see September 2004 and After). [Daily Mail, 3/8/2009]
Special prosecutor Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), empanels a grand jury. Among the White House officials testifying before the jury will be President Bush, Vice President Dick Cheney, chief of staff Andrew Card, deputy chief of staff Karl Rove, National Security Adviser Stephen Hadley, Bush’s communications assistants Dan Bartlett and Karen Hughes, former Cheney chief of staff Lewis “Scooter” Libby, former press secretary Ari Fleischer, and current press secretary Scott McClellan (see January 2004). [MSNBC, 2/21/2007; Washington Post, 7/3/2007]
The Washington Post, in a laudatory profile of newly named special counsel Patrick Fitzgerald (see December 30, 2003), notes that some administration critics worry about Fitzgerald’s objectivity. Fitzgerald is close friends with the man who named him to the post, Deputy Attorney General James Comey, and is the godfather of one of Comey’s children. Senator Joseph Lieberman (D-CT) calls on Comey to “relinquish his authority to limit or interfere with the investigation.” Lieberman says Fitzgerald’s appointment means “there is still no real independence and autonomy.” [Washington Post, 1/1/2004]
After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]
Federal investigators working with special counsel Patrick Fitzgerald in the Plame Wilson identity leak investigation (see December 30, 2003) will ask White House officials to sign waivers freeing journalists from any pledges of confidentiality they may have granted during discussions about CIA official Valerie Plame Wilson. A senior administration official says that a number of top aides to President Bush will be asked to sign a one-page form giving permission for journalists to describe any such conversations to investigators, even if the journalists promised not to reveal the source. Bush’s promises of full cooperation will put “tremendous pressure” on the aides to comply, the official says. However, some investigators believe that many journalists will not respect such “blanket waivers,” and will refuse to reveal sources regardless of whether the White House aides sign them or not. The form reads that it is the wish of the White House official that “no member of the media assert any privilege or refuse to answer any questions” about the leak, according to a copy of the form obtained by the press. One aide sent a copy of the form is White House political strategist Karl Rove. [Washington Post, 1/2/2004] By January 5, Bush has not publicly stated that White House officials should, or should not, sign the waivers, according to press secretary Scott McClellan, who directs journalists to steer questions about the forms to the Justice Department. One unnamed government official is more forthcoming, however, calling the forms a “quintessential cover-your-rear-end” move by investigators. “It provides political cover, because you can say you tried everything, and this is a very politically charged environment,” the official says. “There’s no other value to it.” [Washington Post, 1/6/2004]
CIA official Craig Schmall, who serves as Vice President Dick Cheney’s agency briefer and has served as the briefer for Cheney’s chief of staff, Lewis Libby (see 7:00 a.m. June 14, 2003 and July 14, 2003), is interviewed by the FBI in the Plame Wilson identity leak investigation. Schmall says nothing about either Valerie Plame Wilson or her husband, Joseph Wilson, though he discussed both of them with Libby and Cheney. It is not known if the FBI is aware of the earlier conversations between Schmall, Libby, and Cheney. [Central Intelligence Agency, 1/9/2004 ; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]
A male Iraqi dies while being interrogated by American officials, probably from the CIA. According to a report by the American Civil Liberties Union (see October 24, 2005), the male, detained in the city of Al Asad, is “standing, shackled to the top of a door frame with a gag in his mouth at the time he died.” The cause of death is asphyxia and blunt force injuries—in essence, being beaten to death while choking on a gag. The ACLU believes the Iraqi’s name was Abdul Jaleel. [American Civil Liberties Union, 10/24/2005]
Special counsel Patrick Fitzgerald informs conservative columnist Robert Novak, the author of the column that exposed the CIA identity of Valerie Plame Wilson (see July 14, 2003), that he intends to bring waivers of journalistic confidentiality (see January 2-5, 2004) from Novak’s sources for the column, Deputy Secretary of State Richard Armitage (see July 8 or 9, 2003) and White House political strategist Karl Rove (see July 8, 2003), to a meeting with Novak. Novak will later write, “In other words, the special prosecutor knew the names of my sources.” [Human Events, 7/12/2006] Novak will speak three times to Fitzgerald’s investigators (see January 14, 2004, February 5, 2004, and September 14, 2004).
Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). Novak has already discussed some of his knowledge of Plame Wilson’s covert CIA status with FBI investigators (see October 7, 2003). As with the FBI session, the Fitzgerald interview takes place at the law offices of Swidler Berlin, the firm representing Novak. Fitzgerald comes to the interview with waivers (see January 2-5, 2004) from Novak’s sources (see January 12, 2004) for his column outing Plame Wilson—White House political strategist Karl Rove and Deputy Secretary of State Richard Armitage (see July 8, 2003), as well as a waiver from CIA official Bill Harlow, who asked Novak not to divulge Plame Wilson’s identity when Novak called him with the information from his other sources that Plame Wilson was a CIA official (see Before July 14, 2003). Novak is uncomfortable in accepting that Fitzgerald’s waivers make it ethically acceptable for him to disclose the three men as his sources, but his lawyer, James Hamilton, says he will almost certainly lose a court challenge as to their propriety. Novak will later write, “I answered questions using the names of Rove, Harlow, and my primary source,” which at the time of his writing had not yet been revealed as Armitage. [Human Events, 7/12/2006] Novak will be questioned again several weeks later (see February 5, 2004).
Cathie Martin, the communications director for Vice President Dick Cheney, gives a statement for the Plame Wilson leak investigation. The contents of Martin’s statement are not made public. Martin testified to the FBI (see October 22, 2003), and did not verify that Cheney’s chief of staff, Lewis Libby, had spoken to reporters about Valerie Plame Wilson in her hearing (see 2:24 p.m. July 12, 2003). She has known about Plame Wilson’s CIA status since June 2003 (see 5:25 p.m. June 10, 2003). [Marcy Wheeler, 1/25/2007]
A sample page from Mark Klein’s AT&T documentation. [Source: Mark Klein / Seattle Times]Senior AT&T technician Mark Klein (see July 7, 2009), gravely concerned by the National Security Agency (NSA) spying operation going on in AT&T’s San Francisco facility (see October 2003) and now in possession of documents which prove the nature and scope of the telecommunications surveillance activities (see Fall 2003 and Late 2003), writes a memo summarizing his findings and conclusions. He appends eight pages of the unclassified documents he has in his possession, along with two photographs and some material from the Internet which documents the sophisticated surveillance equipment being used to gather data from AT&T’s electronic transmissions. The NSA and AT&T were, he later says, “basically sweeping up, vacuum-cleaning the Internet through all the data, sweeping it all into this secret room.… It’s the sort of thing that very intrusive, repressive governments would do, finding out about everybody’s personal data without a warrant. I knew right away that this was illegal and unconstitutional, and yet they were doing it.… I think I’m looking at something Orwellian. It’s a government, many-tentacled operation to gather daily information on what everybody in the country is doing. Your daily transactions on the Internet can be monitored with this kind of system, not just your Web surfing. All kinds of business that people do on the Internet these days—your bank transactions, your email, everything—it sort of opens a window into your entire private life, and that’s why I thought of the term ‘Orwellian.’ As you know, in [George] Orwell’s story , they have cameras in your house, watching you. Well, this is the next best thing.… So I was not only angry about it; I was also scared, because I knew this authorization came from very high up—not only high up in AT&T, but high up in the government. So I was in a bit of a quandary as to what to do about it, but I thought this should be halted.”
Gathering 'the Entire Data Stream' - In his memo, Klein concludes that the NSA is using “splitter” equipment to copy “the entire data stream [emphasis in the original] and sent it to the [NSA’s] secret room for further analysis.” Klein writes that the splitters actually “split off a percentage of the light signal [from the fiber optic circuits] so it can be examined. This is the purpose of the special cabinet… circuits are connected into it, the light signal is split into two signals, one of which is diverted to the ‘secret room.’ The cabinet is totally unnecessary for the circuit to perform—in fact, it introduces problems since the signal level is reduced by the splitter—its only purpose is to enable a third party [the NSA] to examine the data flowing between sender and recipient on the Internet.” (Emphasis in the original.) In his book, Klein will explain that “each separate signal,” after being split, “contains all the information, nothing is lost, so in effect the entire data stream has been copied.” He will continue: “What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: email, Web browsing, voice-over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy.” Klein later explains to a reporter: “The signals that go across fiber optics are laser light signals. It’s light basically that runs through a fiber optic, which is a clear glass fiber, and it has to be at a certain level for the routers to see the light and interpret the data correctly. If the light gets too low, just as if you get a weak flashlight with bad batteries, at a certain point it doesn’t work. If the light level drops too low, the router starts dropping bits and getting errors, and eventually you get loss of signal, and it just doesn’t work at all.… The effect of the splitter is to reduce the strength of the signal, and that may or may not cause a problem, depending on how much the signal is reduced.” A telecommunications company would not, as a rule, use such a splitter on its backbone Internet traffic because of the risk of degraded signal quality. “You want to have as few connections on your main data lines as possible,” Klein will say, “because each connection reduces the signal strength, and a splitter is a connection, and if you can avoid that, all the better.”
Inherently Illegal - Klein will explain that there is no way these activities are legal: “There could not possibly be a legal warrant for this, since according to the Fourth Amendment, warrants have to be specific, ‘particularly describing the place to be searched and the persons or things to be seized.’ It was also a blatant violation of the 1978 Foreign Intelligence Surveillance Act [FISA—see 1978], which calls for specific warrants as required by the Fourth Amendment. This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 37, 119-133]
The Narus STA 6400 - Klein discusses one key piece of equipment in the NSA’s secret room, the Narus STA 6400 (see Late 2003). Narus is a firm that routinely sells its equipment not only to telecom firms such as AT&T, “but also to police, military, and intelligence officials” (see November 13-14, 2003). Quoting an April 2000 article in Telecommunications magazine, Klein writes that the STA 6400 is a group of signal “traffic analyzers that collect network and customer usage information in real time directly from the message.… These analyzers sit on the message pipe into the ISP [Internet Service Provider] cloud rather than tap into each router or ISP device.” Klein quotes a 1999 Narus press release that says its Semantic Traffic Analysis (STA) technology “captures comprehensive customer usage data… and transforms it into actionable information… [it] is the only technology that provides complete visibility for all Internet applications.” The Narus hardware allows the NSA “to look at the content of every data packet going by, not just the addressing information,” Klein will later write.
A 'Dream Machine for a Police State' - Klein later writes of the Narus STA 6400: “It is the dream machine of a police state, one that even George Orwell could not imagine. Not only does it enable the government to see what millions of people are saying and doing every day, but it can build up a database which reveals the connections among social groups—who’s calling and emailing whom. Such a device can easily be turned against all dissident protest groups, and even the Democratic and Republican parties, with devastating effect. And it’s in the hands of the executive power, in total secrecy.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; Klein, 2009, pp. 37-40] In support of the memo and an ensuing lawsuit against AT&T (see January 31, 2006), Klein will later write: “Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or is otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” [Wired News, 4/7/2006]
A group of former CIA officials sends a letter to House Speaker Dennis Hastert (R-IL) asking that Congress investigate the Plame Wilson identity leak. The officials, whose names are not released to the press, call the leak a “shameful event in American history” that has damaged national security. They write, “Congress must send an unambiguous message that the intelligence officers tasked with collecting or analyzing intelligence must never be turned into political punching bags.” Such leaks endanger the work and the safety of intelligence professionals and their sources, the letter notes. A Congressional investigation would not only determine who leaked Plame Wilson’s CIA identity, it continues, but would signal that such behavior would not be tolerated. [Reuters, 1/22/2004]
A group of House Democrats led by Rush Holt (D-NJ) introduces a “resolution of inquiry” that asks the president, secretary of state, secretary of defense, and attorney general to give the House of Representatives all documents in their possession relating to the Plame Wilson identity leak. Holt and his fellow Democrats are asking for telephone and electronic mail records, logs and calendars, personnel records, and records of internal discussions from the period between May 6, 2003 and July 31, 2003. Holt, a member of the House Intelligence Committee, says in a statement: “Six months after a syndicated columnist disclosed the name of an undercover CIA operative, the White House
and the Department of Justice have yet to find and hold accountable the person or persons who revealed her identity. The Department of Justice investigation has the full support of Congress and should be vigorously pursued, but it is not enough.” [Reuters, 1/22/2004]
The federal grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity subpoenas a large amount of White House records, including Air Force One telephone logs from the week before Plame Wilson’s public outing (see July 14, 2003); records created in July 2003 by the White House Iraq Group (WHIG—see August 2002), a White House public relations group tasked with crafting a public relations strategy to market the Iraq war to the public; a transcript of press secretary Ari Fleischer’s press briefing in Nigeria currently missing from the White House’s Web site (see 3:20 a.m. July 12, 2003); a list of guests at former President Gerald Ford’s July 16, 2003 birthday reception; and records of Bush administration officials’ contacts with approximately 25 journalists and news media outlets. The journalists include Robert Novak, the columnist who outed Plame Wilson, Newsday reporters Knut Royce and Timothy Phelps (see July 21, 2003), five Washington Post reporters including Mike Allen and Dana Priest (see September 28, 2003 and October 12, 2003), Time magazine’s Michael Duffy (see 11:00 a.m. July 11, 2003), NBC’s Andrea Mitchell (see July 8, 2003 and October 3, 2003), MSNBC’s Chris Matthews (see July 21, 2003), and reporters from the New York Times, Wall Street Journal, and the Associated Press. The subpoenas will be accompanied by a January 26 memo from White House counsel Alberto Gonzales that will set a January 29 deadline for production of the subpoenaed documents and records. Gonzales will write that White House staffers will turn over records of any “contacts, attempted contacts, or discussion of contacts, with any members of the media concerning [former ambassador Joseph] Wilson, his trip, or his wife, including but not limited to the following media and media personnel.” White House spokeswoman Erin Healy later says, “The president has always said we would fully comply with the investigation, and the White House counsel’s office has directed the staff to fully comply.” White House press secretary Scott McClellan will say: “It’s just a matter of getting it all together.… At this point, we’re still in the process of complying fully with those requests. We have provided the Department of Justice investigators with much of the information and we’re continuing to provide them with additional information and comply fully with the request for information.” [US District Court for the District of Columbia, 1/22/2004; US District Court for the District of Columbia, 1/22/2004; Newsday, 3/5/2004; Washington Post, 3/6/2004]
Entity Tags: Chris Matthews, US Department of Justice, Bush administration (43), Valerie Plame Wilson, Wall Street Journal, White House Iraq Group, Ari Fleischer, Time magazine, Alberto R. Gonzales, Andrea Mitchell, Scott McClellan, Timothy Phelps, Newsday, Gerald Rudolph Ford, Jr, Erin Healy, Dana Priest, Knut Royce, Robert Novak, NBC News, Michael Duffy, Associated Press, New York Times, MSNBC, Mike Allen
Timeline Tags: Niger Uranium and Plame Outing
A group of 10 ex-CIA officials are working with members of Congress to push for a Congressional inquiry into the leak of CIA official Valerie Plame Wilson’s covert agency status. The former officials want to know if Plame Wilson’s exposure compromised US national security. Former CIA analyst Larry Johnson and nine other former CIA analysts and case officers send a letter to House Speaker Dennis Hastert (R-IL) and other senior Democrats and Republicans in the House of Representatives. The officers call on Congress to act “for the good of the country,” and say it is time to “send an unambiguous message that the intelligence officers tasked with collecting or analyzing intelligence must never be turned into political punching bags.” House Minority Leader Nancy Pelosi (D-CA) says she agrees with the thrust of the letter, and supports efforts by Representative Rush Holt (D-NJ) to force the House to open such a probe. Holt and other Democrats have introduced a resolution that, if approved, would request that the Bush administration forward all documents related to the Plame Wilson investigation to Congress. It is unlikely that House Republicans will allow the resolution to be brought to a vote. “The Department of Justice investigation has the full support of Congress and should be vigorously pursued, but it is not enough,” Holt says. [United Press International, 1/22/2004; Associated Press, 1/23/2004; Chicago Sun-Times, 1/23/2004]
Federal judge Audrey Collins rules that parts of the USA Patriot Act are unconstitutional, specifically portions barring individuals or entities from giving expert advice or assistance to groups designated as international terrorist organizations. Collins rules that the ban on on providing “expert advice or assistance” is impermissibly vague, and violates the First and Fifth Amendments. The advice or assistance forbidden under the act “could be construed to include unequivocally pure speech and advocacy protected by the First Amendment,” Collins writes. The suit, brought before a Los Angeles court by the Humanitarian Law Project (HLP), was originally filed in 1998 by five groups and two US citizens who wanted to provide political and financial support to the nonviolent arms of two dissident organizations designated as terrorists by the United States: the Kurdish Workers Party in Turkey and the Liberation Tigers of Tamil Eelam in Sri Lanka. The suit was later amended to include the Patriot Act. The HLP argued that the plaintiffs were threatened with 15 years in prison if they provided advice to the groups. The Patriot Act, Collins rules, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals. “The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature,” she writes. HLP attorney David Cole calls the ruling “a victory for everyone who believes the war on terrorism ought to be fought consistent with constitutional principles.” The ruling is the first judicial setback for the Patriot Act. [Associated Press, 1/26/2004; San Francisco Chronicle, 1/27/2004] The judge’s verdict will be upheld on appeal (see December 10, 2007).
Mary Matalin, the former press secretary to Vice President Dick Cheney (see July 10, 2003), testifies before the federal grand jury investigating the Plame Wilson identity leak. Sources involved in the investigation will say that Matalin, who is not suspected of leaking Plame Wilson’s identity to the press, is asked about White House public relations strategies. [Washington Post, 2/10/2004] Other sources later state that Matalin testified on January 21. [Think Progress, 10/17/2005]
The FBI’s on-scene commander in Baghdad sends an e-mail to senior FBI officials at FBI headquarters in Washington, discussing the allegations of abuse at Abu Ghraib prison. The e-mail advises the senior officials not to investigate the allegations. “We need to maintain good will and relations with those operating the prison,” it reads. “Our involvement in the investigation of the alleged abuse might harm our liaison.” [American Civil Liberties Union, 2/23/2006]
The CIA’s inspector general conducts an internal investigation of the treatment of CIA detainees in Afghanistan. As part of that investigation, the use of drugs on detainees is raised. When the inspector interviews the commanding officer of a secret detention facility in eastern Afghanistan shared by US military and intelligence teams, the inspector asks if the “OGA”—an acronym standing for “other government agency” and used to refer to the CIA—had been able to “practice their TTP [tactics, techniques and procedures] at your facility.” The commander replies, “No, they can’t use drugs or prolonged sensory deprivation in our facility.” It is unclear whether the commander is referring to interrogations. A senior US official will say in 2008 that the commander’s mention of drugs was either a mistake or a reference to am agency other than the CIA. [Washington Post, 4/22/2008]
An Army dog handler at Abu Ghraib tells military investigators that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), “[S]omeone from [military intelligence] gave me a list of cells, for me to go see, and pretty much have my dog bark at them.… Having the dogs bark at detainees was psychologically breaking them down for interrogation purposes.” Using attack dogs to threaten or harm prisoners is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]
Two government officials testify that they asked conservative columnist Robert Novak not to publish the name of covert CIA official Valerie Plame Wilson in his column (see Before July 14, 2003 and July 14, 2003). The officials’ names are not made public. Testifying before the grand jury investigating the Plame Wilson leak (see January 2004), the officials say that before Novak printed his column, they warned him that by publishing her name and CIA affiliation, he risked jeopardizing her ability to engage in covert work, damaging ongoing intelligence operations, and hurting sensitive overseas intelligence assets. Novak has claimed that CIA officials told him that Plame Wilson was nothing more than an analyst, and, as reporter Murray Waas writes, “the only potential consequences of her exposure as a CIA officer would be that she might be inconvenienced in her foreign travels.” The statements of the two government officials contradict Novak’s version of events, and the two officials call his characterizations false and misleading. According to the officials, Novak was told that Plame Wilson’s work for the CIA “went much further than her being an analyst,” and that publishing her name would be “hurtful,” could stymie ongoing intelligence operations, and jeopardize her overseas sources. “When [Novak] says that he was not told that he was ‘endangering’ someone, that statement might be technically true,” says one of the officials. “Nobody directly told him that she was going to be physically hurt. But that was implicit in that he was told what she did for a living.” The other official says: “At best, he is parsing words. At worst, he is lying to his readers and the public. Journalists should not lie, I would think.” Notes from one of the officials from his conversation with Novak bolster the officials’ testimony. The officials also contradict Novak’s claim that CIA officials told him Plame Wilson was part of the agency decision to send her husband to Niger to investigate the Iraq-Niger uranium allegations (see July 6, 2003). One of them says that the CIA at first refused to comment, and later told Novak that Plame Wilson played no part in the selection of her husband (see February 13, 2002). “He was told it just wasn’t true—period,” the official testifies. “But he just went with the story anyway. He just didn’t seemed to care very much whether the information was true or not.” [American Prospect, 2/12/2004]
White House political adviser Karl Rove testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Rove acknowledges discussing Plame Wilson with columnist Robert Novak, who publicly identified her as a CIA agent (see July 14, 2003), but does not tell the jury that he also disclosed her CIA status to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). [New York Times, 2006] He tells the grand jury that he indeed confirmed Plame Wilson’s CIA identity for Novak, but he knew very little about her at the time. Rove says that Novak knew more about her than he did, and that he believes he learned more about Plame Wilson and her husband, Joseph Wilson, from Novak than Novak learned from him. Rove tells jurors that he may have learned Plame Wilson’s identity from a journalist or someone else outside the White House, but cannot recall that person’s name or anything about their conversation. [National Journal, 11/12/2005]
Newsday reporters Knut Royce and Timothy Phelps, who co-authored a July 2003 article that confirmed the CIA status of Valerie Plame Wilson (see July 21, 2003), are both contacted by special counsel Patrick Fitzgerald. Their article quoted “intelligence officials” who confirmed that Plame Wilson was at the time an undercover official working on WMD issues. And Robert Novak, the columnist who outed Plame Wilson (see July 14, 2003), told Royce and Phelps that he was “given” the information about Plame Wilson by White House officials, who “thought it was significant.” Because the White House included Royce and Phelps as persons whose contacts with White House staffers should be disclosed (see September 30, 2003), Newsday removed both reporters from further coverage of the Plame Wilson story. Now Fitzgerald says he doesn’t want them to name the sources of their story, but he does want some information about their discussions with their sources. (Phelps later writes that in his estimation, he and Royce are the first reporters contacted by Fitzgerald, with the exception of Novak—see January 14, 2004). Lawyers for the reporters and Newsday wrangle the question, and Newsday publisher Raymond Jansen asks the reporters to cooperate as best they can without violating journalistic principles. Phelps later describes Fitzgerald’s request: “What Fitzgerald wanted us to do, among other things, was to differentiate between Source A, B, or C. Without giving up any names, would we simply outline which source had said what in our story?” Both reporters flatly refuse to cooperate. Fitzgerald threatens the reporters with a subpoena, but never actually serves them with a legal summons. [Columbia Journalism Review, 1/1/2006]
White House political strategist Karl Rove testifies before the grand jury investigating the Plame Wilson identity leak. Rove does not tell the jury that he discussed Valerie Plame Wilson’s CIA status with reporters other than columnist Robert Novak (see July 8, 2003 and July 8 or 9, 2003). At a minimum, Rove is failing to disclose conversations he has had about Plame Wilson with Time’s Matthew Cooper (see 11:00 a.m. July 11, 2003). [New York Times, 11/4/2005; New York Times, 2006; New York Times, 4/27/2006] There is some mystery about the date and content of Rove’s second testimony to the grand jury; in 2006, reporter Michael Isikoff will say that Rove testifies twice during February 2004. In neither appearance does he admit to leaking Plame Wilson’s CIA identity to reporters. [Newsweek, 5/8/2006]
After weapons inspector David Kay’s resignation (see January 23, 2004), the call to investigate the failure of intelligence surrounding the Iraq invasion reaches a fever pitch. White House press secretary Scott McClellan will later write: “[President] Bush and his advisers feared outside investigators. However, as momentum built for yet another independent probe, we saw the benefit of acting quickly and on our terms. Bush soon announced the creation of a bipartisan, independent commission to look into our intelligence on WMD, including Iraq (see March 8, 2005). Its members were appointed by the president, and its scope set by his team. It would not include looking at how the intelligence had been used to make the case for war. That was something Bush and his top advisers sought to avoid, concerned at a minimum—particularly in an election year—that it would prove politically fatal. They were willing to allow things to become more politicized, some considering it a battle that could be fought to a draw or even used to motivate the base, and believed that the short-term political cost could be minimized. In Bush’s mind, how the case for had been made scarcely mattered. What mattered now was the policy and showing success. The public tends to be more forgiving when the results are promising. If the policy was right and the selling of the policy could be justified at the time, then any difference between the two mattered little. In this view, governing successfully in Washington is about winning public opinion and getting positive results. To this day, the president seems unbothered by the disconnect between the chief rationale for war and the driving motivation behind it, and unconcerned about how the case was packaged.” [McClellan, 2008, pp. 202]
Police photo of Tom DeLay, after his 2005 indictment on election fraud charges. [Source: Mug Shot Alley]The co-founder and editor of the American Prospect, Robert Kuttner, subjects the 2002 House of Representatives to scrutiny, and concludes that under the rule of House Majority Leader Tom DeLay (R-TX), it is well on its way to becoming what he calls a “dictatorship.” Kuttner writes that such authoritarian rule in “the people’s chamber” of Congress puts the US “at risk of becoming an autocracy.” He explains: “First, Republican parliamentary gimmickry has emasculated legislative opposition in the House of Representatives (the Senate has other problems). [DeLay] has both intimidated moderate Republicans and reduced the minority party to window dressing.… Second, electoral rules have been rigged to make it increasingly difficult for the incumbent party to be ejected by the voters, absent a Depression-scale disaster, Watergate-class scandal, or Teddy Roosevelt-style ruling party split.… Third, the federal courts, which have slowed some executive branch efforts to destroy liberties, will be a complete rubber stamp if the right wins one more presidential election. Taken together, these several forces could well enable the Republicans to become the permanent party of autocratic government for at least a generation.” Kuttner elaborates on his rather sweeping warnings.
Legislative Dictatorship - The House, and to a lesser extent the Senate, used to have what was called a “de facto four-party system”: liberal Democrats; Southern “Dixiecrats” who, while maintaining their membership as Democrats largely due to lingering resentment of Republicans dating back to the Civil War, often vote with Republicans; conservative Republicans; and moderate-to-liberal “gypsy moth” Republicans, who might vote with either party. Rarely did one of the four elements gain long-term control of the House. Because of what Kuttner calls “shifting coalitions and weak party discipline,” the majority party was relatively respectful of the minority, with the minority free to call witnesses in hearings and offer amendments to legislation. In the House, that is no longer true. While the House leadership began centralizing under House Speaker Jim Wright (D-TX) between 1987 and 1989, the real coalescence of power began under Speaker Newt Gingrich (R-GA) between 1995 and 1999. The process, Kuttner asserts, has radically accelerated under DeLay and Speaker Dennis Hastert (R-IL).
Centralized Legislation - Under current practices, even most Republicans do not, as a rule, write legislation—that comes from DeLay and Hastert. Drastic revisions to bills are often rammed through late in the evening, with little or no debate. The Republican leadership has classified legislation as “emergency” measures 57 percent of the time, allowing them to be voted on with as little as 30 minutes of debate. Kuttner writes, “On several measures, members literally did not know what they were voting for.” Legislation written and proposed by Democrats rarely gets to the floor for debate. Amendments to legislation is also constrained, almost always coming from Hastert and DeLay. “[V]irtually all major bills now come to the floor with rules prohibiting amendments.” DeLay enforces rigid party loyalty, threatening Republican members who resist voting for the leadership’s bills with loss of committee assignments and critical campaign funds, and in some circumstances with DeLay’s sponsoring primary opponents to unseat the uncooperative member in the next election.
Democrats Shut out of Conferences - In the House, so-called “conference committees,” where members work to reconcile House and Senate versions of legislation, have become in essence one-party affairs. Only Democrats who might support the Republican version of the bill are allowed to attend. The conference committee then sends a non-amendable bill to the floor for a final vote.
No Hearings - The general assumption is that House members debate bills, sometimes to exhaustion, on the chamber floor. No more. Before DeLay, bills were almost never written in conference committees. Now, major legislation is often written in conference committee; House members often never see the legislation until it has been written in final, non-amendable form by DeLay and his chosen colleagues.
Abuse of Appropriations - Appropriations, or funding of events authorized by legislation, are ripe for use and misuse by the one-party leadership. Many appropriations bills must pass in order for Congress or other entities of the government to continue functioning. While “earmarks”—“pork-barrel” appropriations for individual members’ pet projects and such—are nothing new, under Gingrich and later Hastert/DeLay, the use of earmarks has skyrocketed. Huge earmarks are now routinely attached to mandatory appropriations bills. DeLay has perfected a technique known as “catch and release.” On close pending votes, the House Republican Whip Organization, made up of dozens of regional whips, will target the small but critical number of Republicans who might oppose the legislation. Head counts are taken; as members register (and change) their votes, some are forced to vote against their consciences (or their constituents) and others are allowed to vote no. Kuttner writes, “Basically, Republican moderates are allowed to take turns voting against bills they either oppose on principle or know to be unpopular in their districts.” This allows the member to save at least some face with their constituents. Under Wright, Republican members such as then-Representative Dick Cheney (R-WY) were outraged when Wright held a vote open for 15 minutes after voting was to end; Cheney called it “the most arrogant, heavy-handed abuse of power I’ve ever seen in the 10 years that I’ve been here.” It is not unusual for DeLay to hold votes open for up to three hours to get recalcitrant members in line. [American Prospect, 2/1/2004] In 2006, author John Dean will note that when the Republicans took control of the House in 1999, there were 1,439 earmarks in that year’s legislation. By the end of 2005, “there were a staggering 13,998 earmarked expenses, costing $27.3 billion.” Dean will write, “Needless to say, there is nothing conservative in those fiscal actions but there is much that is authoritarian about the wanton spending by those Republicans.” [Dean, 2006]
Lack of Opposition - Kuttner notes that Congressional Democrats have not mounted a systematic, organized denunciation of the DeLay operation. Kuttner believes that many Democrats believe voters are uninterested in what they call “process issues,” and that voters will dismiss complaints as “inside baseball,” of little relevance to their lives. Worse, such complaints “make… us look weak,” as one senior House staffer says. Kuttner writes that many Democrats believe such complaints sound “like losers whining.”
Permanent Republican Majority - If DeLay and his confreres in the White House have their way, there will be, in essence, a permanent Republican majority in the House and hopefully in the Senate as well. Bill Clinton routinely practiced what he called bipartisan “triangulation,” building ad hoc coalitions of Democrats and Republicans to pass his legislative initiatives, and in the process weakening the Democratic leadership. Kuttner writes, “Bush’s presidency, by contrast, has produced a near parliamentary government, based on intense party discipline both within Congress and between Congress and the White House.” Republicans have been busy reworking the district maps of various key states to ensure that Republicans keep their majorities, concentrating perceived Democratic voters to have overwhelming majorities in a few districts, and leaving the Republicans holding smaller majorities in the rest. Both parties have been guilty of such “gerrymandering” in the past, but with DeLay’s recent “super-gerrymandering” of his home state of Texas, the Republican makeup of the Texas House delegation is all but assured. DeLay and other House Republicans are working to redistrict other states in similar fashions. As of the 2004 midterm elections, of the 435 House seats, only around 25 are considered effectively contestable—over 90 percent of the House seats are “safe.” Democrats would have to win a disproportionate, and unlikely, number of those “swing” seats to take back control of the House. Kuttner writes: “The country may be narrowly divided, but precious few citizens can make their votes for Congress count. A slender majority, defying gravity (and democracy), is producing not moderation but a shift to the extremes.”
Control of Voting - Kuttner cites the advent of electronic voting machines and the Help America Vote Act (HAVA) as two reasons why Republicans will continue to have advantages at the voting booth. The three biggest manufacturers of electronic voting machines have deep financial ties to the Republican Party, and have joined with Republicans in opposing a so-called “verifiable paper trail” that could prove miscounts and possible fraudulent results. HAVA, written in response to the 2000 Florida debacle, requires that voters show government-issued IDs to be allowed to vote, a provision that Kuttner says is ripe for use in Republican voter-intimidation schemes. Republicans “have a long and sordid history of ‘ballot security’ programs intended to intimidate minority voters by threatening them with criminal prosecution if their papers are not technically in order,” he writes. “Many civil rights groups see the new federal ID provision of HAVA as an invitation to more such harassment.” The only recourse that voters have to such harassment is to file complaints with the Department of Justice, which, under the aegis of Attorney General John Ashcroft, has discouraged investigation of such claims.
Compliant Court System - Increasingly, federal courts with Republican-appointed judges on the bench have worked closely with Republicans in Congress and the White House to issue rulings favorable to the ruling party. Kuttner notes that if President Bush is re-elected: “a Republican president will have controlled judicial appointments for 20 of the 28 years from 1981 to 2008. And Bush, in contrast to both his father and Clinton, is appointing increasingly extremist judges. By the end of a second term, he would likely have appointed at least three more Supreme Court justices in the mold of Antonin Scalia and Clarence Thomas, and locked in militantly conservative majorities in every federal appellate circuit.” The Supreme Court is already close to becoming “a partisan rubber stamp for contested elections,” Kuttner writes; several more justices in the mold of Justices Antonin Scalia (see September 26, 1986) and Clarence Thomas (see October 13, 1991) would, Kuttner writes, “narrow rights and liberties, including the rights of criminal suspects, the right to vote, disability rights, and sexual privacy and reproductive choice. It would countenance an unprecedented expansion of police powers, and a reversal of the protection of the rights of women, gays, and racial, religious, and ethnic minorities. [It would] overturn countless protections of the environment, workers and consumers, as well as weaken guarantees of the separation of church and state, privacy, and the right of states or Congress to regulate in the public interest.” [American Prospect, 2/1/2004]
Entity Tags: George W. Bush, Democratic Party, Dennis Hastert, Clarence Thomas, Antonin Scalia, Tom DeLay, Robert Kuttner, William Jefferson (“Bill”) Clinton, Republican Party, John Ashcroft, Richard (“Dick”) Cheney, House Republican Whip Organization, James C. (‘Jim’) Wright, Jr., John Dean, Newt Gingrich, Help America Vote Act
Timeline Tags: Civil Liberties
US Representative Darrell Issa (R-CA) requests information from the Justice Department about the arrest of an alleged illegal alien smuggler from US Attorney Carol Lam (see November 8, 2002), the federal prosecutor who works the Southern California district. Issa asks for information about Lam’s decision not to prosecute Antonio Amparo-Lopez, who was arrested on suspicion of “alien smuggling” over the US-Mexican border. [US Department of Justice, 3/23/2007 ] Issa was quoted in a December 2003 article in the Riverside, California, Press-Enterprise entitled “Border Agents Face Uphill Fight,” in which the Justice Department was criticized for not prosecuting immigrant smugglers frequently enough. Shortly thereafter, the same newspaper published an article detailing how one such smuggler, Amparo-Lopez, was arrested at a border checkpoint but was subsequently released. Lam will respond to Issa in mid-March, requesting that he direct his inquiries to the Justice Department in Washington. On May 24, Issa will receive a letter from Assistant Attorney General William Moschella, stating, “Based upon all of the facts and circumstances of his arrest, the United States Attorney’s Office declined to prosecute Mr. Amparo-Lopez.” [National Review, 3/28/2007]
The US learns that Ibn al-Shaykh al-Libi, a former al-Qaeda camp commander, was allegedly tortured in Egypt, where he was rendered by the CIA (see January 2002 and After). Although CIA Director George Tenet will describe al-Libi’s handling by the Egyptians as “further debriefing,” after being returned to US custody, al-Libi tells CIA officers he was tortured and these claims are documented in a series of cables sent to CIA headquarters on February 4 and 5. These cables are the final proof, many believe, that the US is illegally “outsourcing” torture to other countries, against suspects who have not been convicted or even charged with a crime. After being tortured by his Egyptian captors (see November 11, 2001), al-Libi was returned to US custody on November 22, 2003. The February 5 cable reads, in part, that al-Libi was told by the Egyptians that “the next topic was al-Qaeda’s connections with Iraq…. This was a subject about which he said he knew nothing and had difficulty even coming up with a story.” The Egyptians didn’t like al-Libi’s response, and locked him in a 20 inch by 20 inch box for 17 hours—effectively burying him alive. The Egyptians released him and gave him one more change to “tell the truth.” When al-Libi did not give the proper response, he was knocked to the ground and beaten. The CIA debriefers send this information straight to Washington (see February 14, 2004), thus informing the CIA that not only was this key piece of evidence about the link between Iraq and al-Qaeda false, but it was obtained by extreme, US-sanctioned torture. Although stories and witness accounts about torture in such US-allied countries as Egypt, Syria, Morocco, and Uzbekistan have long been known, this is the first time such torture has been detailed in an official US government document. It will be almost a year before the Bush administration will confirm the CIA’s rendition program (see March 11, 2002), and even then it will begin a litany of reassurances that the US does not torture, nor does it hand over prisoners to countries that torture. The CIA cables will be declassified in September 2006, and roundly ignored by the mainstream media. And as of late 2007, al-Libi will still be a “ghost prisoner” whose whereabouts and circumstances are considered a US state secret. [ABC News, 11/6/2007]
At some point after the A. Q. Khan network begins to unravel (see February 4, 2004), Saeed Buhary, the younger brother of one Khan’s most important associates, is arrested in Dubai. Buhary is the brother of Bukhary Sayed Abu Tahir and the chairman of SMB Distribution, a Dubai-based company Tahir owned that was involved in Khan’s proliferation operations. According to authors Adrian Levy and Catherine Scott-Clark, Buhary is locked up “without a proper trial” in a prison known as the “Jumeira Hilton,” which has “a reputation for harsh conditions.” Buhary will reportedly still be there in 2007. [Levy and Scott-Clark, 2007, pp. 369, 529]
Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned for a second time (see January 14, 2004) by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). As with the earlier interview, Fitzgerald interviews Novak at the law offices of Swidler Berlin, the firm representing him. In writing about this interview, Novak will not go into the specifics of his interrogation, but will state: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]
Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco. [Source: Associated Press]Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]
White House press secretary Scott McClellan testifies before the grand jury investigating the Plame Wilson leak. He is quizzed before some 35 or 40 jurors by prosecutor Peter Zeidenberg. Most of the questions are reiterations of those asked in earlier interviews (see Mid-October 2003, Late October or Early November, 2003, and January 2004), but Zeidenberg asks some that have not yet been asked. One question is whether McClellan had told National Security Adviser Condoleezza Rice to say that White House political adviser Karl Rove was not involved in the leak before her September 28 appearance on Meet the Press. Though Rice had not specifically discussed the leak on that broadcast, McClellan recalls briefing her on a number of issues. He cannot recall, he testifies, whether he discussed the subject of the leak with Rice or not, and tells Zeidenberg that he probably told her what he said publicly (see September 29, 2003), and to refer back to that if pressed. McClellan is startled when Zeidenberg asks him bluntly whether President Bush had told him in the Oval Office that Rove had denied to him any involvement in the leak. McClellan knows that Bush has not yet testified, but chief of staff Andrew Card has, and Card most likely revealed Bush’s comments. McClellan will later write: “Knowing the president’s preference that his private conversations remain private, I hesitated momentarily [in answering the question]. But this was different. A frog in my throat, I managed to confirm that the president had indeed made such a statement.” [McClellan, 2008, pp. 225-227] Days after McClellan’s testimony, someone the Washington Post identifies as “a source close to the investigation” will say that McClellan and other White House witnesses are asked about cell phone calls, and shown handwritten, diary-style notes from colleagues and e-mails from reporters to administration officials. The source will say the questioning of McClellan and others is often quite aggressive, with agents focusing on specific conversations with journalists. “Even witnesses that they describe as being potentially helpful are being treated as adversaries,” the source will say. [Washington Post, 2/10/2004]
Former White House press official Adam Levine testifies before the federal grand jury investigating the Plame Wilson identity leak. Levine, who is not suspected of leaking Valerie Plame Wilson’s name to the press, is asked about White House public relations strategies. [Washington Post, 2/10/2004] Sources later say that Levine may have been asked to testify because between July 7 and July 12, 2003, White House press secretary Ari Fleischer and White House communications director Dan Bartlett were in Africa with President Bush, and deputy press secretary Scott McClellan was on vacation, leaving Levine in charge of press relations during that period [Fox News, 2/11/2004] , and thus one of the few press officials to field telephone calls from reporters during that time. His testimony is described as “brief” and non-confrontational. Levine has spoken with FBI agents on several occasions as a part of the investigation. [CNN, 2/10/2004]
Acting Attorney General James Comey, who appointed US Attorney Patrick Fitzgerald as the special counsel in charge of investigating the Plame Wilson identity leak (see December 30, 2003), writes a letter to Fitzgerald confirming that he has “plenary power” in the investigation, and the authority to investigate crimes including “perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.” In essence, Comey is confirming that Fitzgerald has near-unlimited powers of investigation and prosecution, and is not limited to merely filing charges of violation of the Intelligence Identities Protection Act if he determines who leaked Valerie Plame Wilson’s identity to the press. [US Department of Justice, 2/6/2004 ]
Claire Buchan, a White House deputy press secretary, testifies before the federal grand jury investigating the Plame Wilson identity leak. Buchan is not suspected of leaking Valerie Plame Wilson’s identity to the press. “I was pleased to cooperate,” she will say. [Fox News, 2/11/2004; National Journal, 10/18/2005]
Joseph DiGenova. [Source: Life magazine]Former US Attorney Joseph DiGenova says that it will be almost impossible to prove that the person or persons who leaked Valerie Plame Wilson’s CIA status to reporters violated the Intelligence Identities Protection Act. The leaker or leakers would have had to have received the information in their official capacity, got the information from someone with official clearance, and done so in defiance of agency efforts to keep the employee’s name a secret, DiGenova says. For someone to overhear the name of a covert agent and relate it to someone else is not a violation, he adds. Moreover, he claims that Plame Wilson’s CIA status was well known. “A lot of people knew that [Plame Wilson] worked for the CIA,” he tells a Fox News reporter. “People outside of the government knew that she worked at the agency. They did not know probably, that she worked in WMD—weapons of mass destruction—and was doing undercover work. But in order for it to be a crime, you must know that is what she did.” [Fox News, 2/11/2004] Plame Wilson’s covert CIA status (see Fall 1992 - 1996) has been described as highly classified and known to only a few (see September 30, 2003, October 22-24, 2003, and January 2004), and her exposure as a serious breach of national security (see Before July 14, 2003, July 14, 2003, October 3, 2003 and October 11, 2003).
David Addington, the chief counsel for Vice President Dick Cheney, gives a statement to FBI Section Chief Timothy Fuhrman as part of the Plame Wilson leak investigation. Fuhrman is accompanied by lawyers from the Justice Department’s Office of Special Counsel. Addington discusses the meeting he had with Cheney’s chief of staff, Lewis Libby, shortly after Libby’s conversation with New York Times reporter Judith Miller concerning Valerie Plame Wilson (see July 8, 2003). Addington says he is not sure of the date of the conversation, but fixes it somewhere between July 6 and July 12, 2003. He recalls it as taking place in an anteroom near Cheney’s office in the White House that Libby used as an office. According to Addington, Libby made “a general inquiry about the CIA’s relationship with people who are not employees but perform assignments for them.” Fuhrman’s report on his conversation with Addington “does not reflect that Mr. Libby made any reference to a spouse or wife [Plame Wilson], either when Mr. Libby asked this question or at any other point during the conversation in the anteroom with Mr. Addington.” [US District Court for the District of Columbia, 2/14/2006 ]
An Army memorandum records an interview of a US interrogator stationed at the Orgun-E Military Intelligence Detention Facility in Afghanistan. According to the interrogator, “standard operating procedure” with detainees includes extended sleep deprivation, stress positions, and withholding food. The interrogator also refers to standard practices of “OGA” officials (OGA means “other goverment agency” and is a reference to the CIA), who drug prisoners and subject them to lengthy sensory deprivation. Another memo records the use of what interrogators call “fear up harsh” techniques, which include “disrespect for the Koran,” insults, subjecting prisoners to blinding lights, and exposing them to extremely loud music for prolonged periods. The memoranda will be released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006). [American Civil Liberties Union, 1/12/2006]
Special counsel Patrick Fitzgerald grants former White House press secretary Ari Fleischer immunity from prosecution in return for his testimony in the Plame Wilson leak investigation. Fleischer is granted immunity from any criminal charge related to his involvement in the Plame Wilson identity leak (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003) except “against charges of perjury, giving false statement, or otherwise failing to comply with the Order of the Court.” Fleischer will testify to the FBI several days later. [US District Court for the District of Columbia, 2/13/2004] In 2007, during the Lewis Libby trial, Fitzgerald will tell presiding Judge Reggie Walton (see January 25-27, 2007) that he opposed granting immunity to Fleischer because Fleischer’s lawyers refused to give a detailed “proffer” of what Fleischer would reveal. “They refused to give us a proffer,” Fitzgerald will say. “It wasn’t as if someone said ‘here’s what we’ll give you.’ It wasn’t something that we had laid out before us.… We were told he had relevant information. Frankly, I didn’t want to give him immunity, I was buying a pig in a poke. I did not know what we were going to get other than I knew it was going to be relevant to the case.” [Marcy Wheeler, 1/25/2007]
The prosecutors in the trial of Oklahoma City bombing conspirator Terry Nichols (see May 13, 2003) turn down a plea deal offered by Nichols’s lawyers. Nichols reportedly offered to plead no contest to 161 charges of first-degree murder if prosecutors drop their attempt to seek the death penalty. [New York Times, 2/18/2004; The Oklahoman, 4/2009]
State Department official Marc Grossman (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003) gives a statement to the FBI as part of the Plame Wilson leak investigation. Grossman has already spoken once to the FBI (see October 17, 2003). As in his previous statement, he testifies that he had “two or three” telephone conversations with White House official Lewis Libby, but did not meet personally with him. [Marcy Wheeler, 1/24/2007]
Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), testifies before the grand jury investigating the Plame Wilson leak. Novak has already spoken to FBI investigators (see December 30, 2003) and to special prosecutor Patrick Fitzgerald (see January 14, 2004 and February 5, 2004), and disclosed the names of his three sources in the leak (see July 8, 2003 and Before July 14, 2003). Of his four appearances, Novak will later write: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]
A cardboard box delivered to the Scottsdale, Arizona, Office of Diversity and Dialogue explodes when the office director, Donald Logan, opens it. He suffers severe burns and lacerations from the blast. His assistant, Renita Linyard, is also severely injured, and office staffer Jacque Bell suffers lesser injuries. Scottsdale police quickly call for help from the US Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), and veteran BATF special agent Tristan Moreland heads the investigation. Moreland believes that Logan, an African-American federal employee, was targeted for his job and his race. Moreland begins looking at white supremacist groups in the area. He learns that a national gathering of supremacists, neo-Nazis, and Ku Klux Klan (KKK) members took place a few months earlier in a park outside Scottsdale, an event called Aryanfest 2004. Two supremacists in attendance, Dennis Mahon (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After) and Tom Metzger (see 1981 and After), attract Moreland’s particular attention. Mahon bragged at Aryanfest about his connection to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Metzger is well known for his advocacy of “lone wolf” style attacks such as McVeigh’s, where individuals launch attacks without the overt backing or involvement of actual organizations. Metzger heads a white supremacist organization called White Aryan Resistance (WAR) and Mahon is a member of that organization. (WAR will later change its name to The Insurgent.) Metzger and Mahon have been friends for decades. Moreover, Mahon had left a voice message at the Scottsdale diversity office months before about the city’s upcoming Hispanic heritage week, a message virulent enough in its hatred and implied threat of violence to attract the attention of law enforcement authorities (see October 2003). Moreland decides to investigate Mahon and Metzger further, and the BATF learns that Mahon and his twin brother Daniel had been living in a trailer park in Tempe, Arizona, before the bombing. They left the area shortly after, moving to a trailer park in Catoosa, Oklahoma. Unwilling to allow the investigation to stall, Moreland decides to find a willing confidential informant to go to Catoosa and get close to Mahon. The subsequent investigation elicits evidence that Mahon and Metzger were involved in the Scottsdale bombing and other attacks as well (see January 26, 2005 and After). [TPM Muckraker, 1/10/2012]
Entity Tags: Renita Linyard, Dennis Mahon, Daniel Mahon, Donald Logan, Office of Diversity and Dialogue, Timothy James McVeigh, Tom Metzger, White Aryan Resistance, Tristan Moreland, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jacque Bell
Timeline Tags: US Domestic Terrorism
The FBI orders an internal review of its files to determine whether documents related to the 1995 Oklahoma City bombing case were improperly withheld from investigators or defense lawyers. Bombing conspirator Terry Nichols, already convicted on federal charges related to the case and serving a life sentence (see June 4, 1998), faces 161 counts of first-degree murder in an upcoming trial in McAlester, Oklahoma (see May 13, 2003). Recent press reports have raised new questions as to whether Nichols’s co-conspirator, bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001), had more accomplices than just Nichols. An Associated Press report says that documents not introduced at McVeigh’s trial (see June 2, 1997) indicated that FBI agents had destroyed evidence and failed to share other information that indicated McVeigh was part of a larger group of white supremacists who may have helped him carry out the bombing (see (April 1) - April 18, 1995). McVeigh had murky ties with a group called the Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and perhaps took part in bank robberies the group carried out. Moreover, ARA members possessed explosive blasting caps similar to those McVeigh used in the bomb; additionally, a driver’s license in the name of an alias used by Roger Moore, a man robbed by Nichols as part of an attempt to finance the bombing (see November 5, 1994), was later found in the possession of ARA member Richard Guthrie. Law enforcement officials continue to insist that no evidence exists of any larger conspiracy involving anyone other than Nichols and McVeigh, and the FBI’s internal review is motivated by nothing more than “an abundance of caution.” A government official says: “If there’s information out there, that needs to be looked at. This will be a document review to ascertain whether there are documents that were relative to the investigation and that should have been reviewed during the investigation or the prosecution.” If additional records are identified, the Justice Department will determine whether records were improperly withheld from defense lawyers in the case, the official says. The FBI had to conduct a similar document review just days before McVeigh’s 2001 execution after the Justice Department disclosed that the bureau had not turned over thousands of pages of interview reports and other material to McVeigh’s lawyers (see May 10-11, 2001). [New York Times, 2/27/2004; New York Times, 3/16/2004] Also, former television reporter Jayna Davis says she has unearthed ties between McVeigh, Nichols, and Iraqi soldiers operating undercover in the US; Davis has said the FBI refused to act on her information, and has accused the agency of a cover-up (see March 20, 2001). Retired FBI agent David Cid, who worked on the original case, calls Davis’s allegations absurd. “What possible motive would we have to conceal a Middle Eastern link?” he asks. “That was our immediate first assumption anyway” (see 10:00 a.m. April 19, 1995 and After). The presiding judge in the case, District Court Judge Steven Taylor, will conduct a hearing after the FBI’s announcement, but Nichols’s trial will not be delayed. [New York Times, 2/29/2004]
White House chief of staff Lewis Libby speaks with NBC bureau chief and Meet the Press host Tim Russert. Russert has willingly testified to the FBI concerning his knowledge of the Valerie Plame Wilson identity leak (see November 24, 2003), but will resist testifying to the grand jury investigating the leak (see May 13-20, 2004 and June 2004). According to his own subsequent testimony before the grand jury (see March 24, 2004), Libby asks if Russert is willing to discuss the matter with his lawyer, but he will testify that he does not discuss anything else of substance with Russert. It is unclear whether their conversation has anything to do with Russert’s unwillingness to testify before the grand jury. [United States District Court for the District of Columbia, 3/24/2004 ; Marcy Wheeler, 2/12/2007]
Thomas Tamm. [Source: Newsweek]Thomas Tamm, a veteran Justice Department prosecutor with a high-level security clearance, is finishing up a yearlong post with the Office of Intelligence Policy and Review (OIPR), a Justice Department unit handling wiretaps of suspected terrorists and spies. As his stint is coming to a close, Tamm learns of the existence of a highly classified National Security Agency (NSA) program that is electronically eavesdropping on American citizens—domestic wiretapping. He later learns that “the program,” as it is referred to by those few who know of it at all, is called “Stellar Wind.”
Concealment from FISA Judges - Tamm learns that the NSA program is being hidden from the Foreign Intelligence Surveillance Act (FISA) Court, a panel of federal judges who by law must approve and supervise such surveillance for intelligence purposes. OIPR lawyers ask the FISA Court for permission to implement national-security wiretaps. But, Tamm learns, some wiretaps—signed only by Attorney General John Ashcroft—are going to the chief FISA Court judge and not the other ten judges on the FISA panel. The “AG-only” requests are extraordinarily secretive, and involve information gleaned from what is only referred to as “the program”—Stellar Wind. Only a very few White House and US intelligence officials know the name and the nature of “the program.” Stellar Wind involves domestic wiretaps on telephones and computer e-mail accounts derived from, but not necessarily linked to, information secured from captured al-Qaeda computers and cell phones overseas. With the voluntary cooperation of American telecommunications companies (see 1997-August 2007 and After, February 2001, February 2001, and February 2001 and Beyond), the NSA program also collects vast amounts of personal data about US citizens’ phone and e-mail communications. The program also collects an enormous amount of financial information from the Treasury Department (see February 28, 2006), all collected as part of the NSA’s “data mining” efforts (see Late 1999 and After September 11, 2001).
Program Is 'Probably Illegal,' Says DOJ Official - Tamm, suspicious about the unusual requests, asks his supervisors about the program, and is told to drop the subject. “[N]o one wanted to talk about it,” he will recall. Tamm asks one of his supervisors, Lisa Farabee, “Do you know what the program is?” Farabee replies: “Don’t even go there.… I assume what they are doing is illegal.” Tamm is horrified. His first thought, he will later recall, is, “I’m a law enforcement officer and I’m participating in something that is illegal?” Tamm soon finds out from deputy OIPR counsel Mark Bradley that the chief FISA judge, Colleen Kollar-Kotelly, is raising unwanted questions about the warrant requests (see 2004 and 2005), and “the AG-only cases are being shut down.” Bradley adds, “This may be [a time] the attorney general gets indicted.”
Request for Guidance Turned Down - For weeks, Tamm agonizes over what to do. He seeks guidance from a former colleague, Sandra Wilkinson, who now works on the Senate Judiciary Committee. The two have coffee in the Senate cafeteria, and Tamm asks Wilkinson to ask if anyone on the committee knows anything about “the program.” Weeks go by without a response, and Tamm sends Wilkinson an e-mail from his OIPR computer—an e-mail that will later alert the FBI to Tamm’s interest in Stellar Wind. During a second conversation, Wilkinson refuses to give Tamm any information. “Well, you know, then,” he replies, “I think my only option is to go to the press.”
Contacting the New York Times - Tamm finally decides to contact the New York Times’s Eric Lichtblau, who has written several stories on the Justice Department that impressed Tamm. By this point he has transferred out of OIPR and back into a Justice Department office that would allow him to return to the courtroom. Tamm calls Lichtblau from a pay phone near the US District Courthouse in Washington. “My whole body was shaking,” he will recall. He identifies himself only as “Mark” (his middle name), and arranges to meet Lichtblau at a bookstore near the Justice Department. (In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau describes Tamm as “a walk-in” source who was “agitated about something going on in the intelligence community.” Lichtblau will describe Tamm as wary and “maddeningly vague,” but as they continue to meet—usually in bookstores and coffee shops in the Capitol District—Tamm’s “credibility and his bona fides became clear and his angst appears sincere. Eighteen months later, after finally overriding a request and warning from President Bush not to print the story (see December 6, 2005), the Times reports on the existence of the NSA program (see December 15, 2005). [Ars Technica, 12/16/2008; Newsweek, 12/22/2008]
Entity Tags: Mark Bradley, Federal Bureau of Investigation, Eric Lichtblau, Colleen Kollar-Kotelly, Bush administration (43), ’Stellar Wind’, Foreign Intelligence Surveillance Court, Lisa Farabee, Senate Judiciary Committee, Thomas Tamm, Sandra Wilkinson, Office of Intelligence Policy and Review, New York Times, US Department of the Treasury, National Security Agency, US Department of Justice, John Ashcroft
Timeline Tags: Civil Liberties
US Attorney Paul Charlton of Arizona (see November 14, 2001) begins conferring with Justice Department officials over his idea to have federal law enforcement agents in his district tape-record interrogations of suspects. Charlton came up through the Arizona state criminal justice system, where tape-recording interrogations is routine, and he believes the practice helps prosecutors win cases. He believes the federal policy against tape-recording interrogations is causing his office to lose cases, and considers that policy antiquated and unresponsive to both crime victims and defendants. He discusses the issue with Deputy Attorney General James Comey during a closed session at a conference in San Diego. Days later, Comey’s chief of staff Chuck Rosenberg tells Charlton that the FBI opposes changing the policy. Charlton later says that that opposition is echoed by Johnny Sutton, who chairs the Attorney General’s Advisory Committee. Charlton continues to push the issue, and in May 2005 Comey establishes a working group, which includes Charlton, to formally consider the issue (see April 28, 2005). Charlton will recall that once Comey leaves the Justice Department and is succeeded by Paul McNulty, the issue no longer moves forward. In December 2005, the working group engages in an email discussion with McNulty’s chief of staff Michael Elston on the merits of the policy, but McNulty remains unconvinced. By the end of 2005, the working group has not reached a consensus. In February 2006, Charlton implements the policy in his district. He believes, he later says, that the fact that his office has federal jurisdiction over 21 Native American reservations in his district makes his situation unique. Tape-recording interrogations will help with the violent crime cases that take place on the reservations, but will not impact other districts because they do not have similar jurisdictions. He will also say that FBI agents have the option not to tape-record interrogations. He informs his office and all special agents in charge of federal agencies in his district of his decision. He does not discuss or seek the approval of senior Justice Department officials before implementing the policy. Charlton will say that most of the law enforcement agencies in Arizona are comfortable with the new policy, but the FBI and DEA complain to McNulty over the policy. McNulty will later recall speaking with FBI Director Robert Mueller, who complains that Charlton’s policy could impact criminal prosecutions in other districts that do not record interrogations. On March 1, McNulty tells Charlton to rescind the policy. Charlton refuses and tells Acting Principal Deputy Associate Attorney General William Mercer that he is willing to resign over the issue. McNulty asks Mercer to work with Charlton. Mercer persuades Charlton to design a pilot project for taping interrogations rather than offer his resignation, and promises that it will receive a positive review. Mercer also informs Charlton that McNulty is upset because Charlton did not clear the procedure with his office before implementing it. Charlton asks for something in writing from McNulty’s office confirming the pilot project, and receives an email from McNulty’s chief of staff Michael Elston that reads: “[McNulty] is very interested in having you submit a proposal to have a pilot program in your district. Such a proposal would receive expeditious consideration. [McNulty] understands this issue and is interested in energizing the department’s consideration of it. You are the best advocate for the proposed policy, and he hopes you will play a significant role in the department’s review and the interagency review process.” McNulty’s staff recommends that McNulty approve the program in August 2006, but McNulty takes no action on it, apparently ignoring repeated pressure from Charlton through Mercer. McNulty will later say he never supported the program, though apparently no one in his office informed Charlton of that fact. McNulty will also later say that he probably discussed the matter with Kyle Sampson, the chief of staff to Attorney General Alberto Gonzales, when discussions of firing US Attorneys came up. However, McNulty will say that he does not consider Charlton insubordinate, and does not view Charlton’s actions as constituting an offense requiring termination. [US Department of Justice, Office of the Inspector General, 9/29/2008]
A new interrogation policy is approved for US personnel regarding prisoners detained in Iraqi facilities such as Abu Ghraib. The policy will remain classified as late as mid-2009, but the Senate Armed Services Committee (see April 21, 2009) will release excerpts from it. The policy warns that interrogators “should consider the fact that some interrogation techniques are viewed as inhumane or otherwise inconsistent with international law before applying each technique. These techniques are labeled with a [CAUTION].” Among the techniques labeled as such are a technique involving power tools, stress positions, and the presence of military working dogs, all potential violations of the Geneva Conventions. [Huffington Post, 4/21/2009]
Environmental and animal rights activist Rod Coronado, long affiliated with both the Earth First! (see 1980 and After) and Animal Liberation Front (ALF) organizations (see 1995), and another activist, Earth First! member Matthew Crozier, attempt to prevent officials with the Arizona Game and Fish Department from capturing and killing mountain lions in Sabino Canyon near Tucson. Both will be charged with attempting to impede or injure an officer. [Anti-Defamation League, 2005]
Environmental activist Michael J. Scarpitti, known to his colleagues as “Tre Arrow,” is arrested in Canada after trying to steal bolt cutters from a Vancouver home improvement store. Scarpitti has been on the FBI’s Most Wanted List for 19 months; he is suspected of setting fire to three Mack trucks belonging to a Portland mining company in April 2001, and for setting fire to logging trucks in June 2001. [Anti-Defamation League, 2005]
Robert Luskin, the lawyer for White House political strategist Karl Rove, has his client search White House records immediately after speaking with reporter Viveca Novak (see March 1, 2004). Luskin wants Rove to find any potential documentation of a July 2003 conversation between himself and Cooper. Rove finds an e-mail message from himself to Deputy National Security Adviser Stephen Hadley recounting the conversation between himself and Cooper (see After 11:07 a.m. July 11, 2003). Rove will later admit to the grand jury hearing evidence in the investigation that he had indeed spoken to Cooper about Plame Wilson (see October 15, 2004 and October 14, 2005). [New York Times, 12/2/2005; CounterPunch, 12/9/2005] (The Washington Post will later report that it was Luskin, not Rove, who actually found the e-mail, and that Luskin first shared it with Rove and then with special counsel Patrick Fitzgerald. [Washington Post, 12/3/2005] )
The lawyer for White House official Karl Rove, Robert Luskin, speaks with Time magazine reporter Viveca Novak, about the Plame Wilson leak investigation. Novak informs Luskin that a colleague of hers at Time, Matthew Cooper, may have learned Valerie Plame Wilson’s CIA identity from Rove (see 11:00 a.m. July 11, 2003). [New York Times, 12/2/2005] According to Novak’s later recollection, Luskin says something along the lines of: “Karl doesn’t have a Cooper problem. He was not a source for Matt.” Novak isn’t convinced by Luskin’s words, and asks: “Are you sure about that? That’s not what I hear around Time.” Luskin, she will recall, “looked surprised and very serious,” and says, “There’s nothing in the phone logs,” referring to the White House telephone logs from July 2003, when Rove discussed Plame Wilson’s identity with Cooper, and when Cooper and other Time reporters published stories regarding the White House’s attempts to damage the credibility of Plame Wilson’s husband, Joseph Wilson (see July 17, 2003). Novak later notes that Cooper called Rove through the White House switchboard, which may explain the lack of phone logs. Novak is surprised at Luskin’s response. “I had been pushing back against what I thought was his attempt to lead me astray,” she will later write. “I hadn’t believed that I was disclosing anything he didn’t already know. Maybe this was a feint. Maybe his client was lying to him.” Novak immediately begins wishing she had not said anything to Luskin. Reporters don’t, as a rule, tip off people involved in investigations. “Thank you,” Luskin says as he walks her to her car. “This is important.” [Time, 12/11/2005] In 2005, investigative reporter Jason Leopold will posit that Novak may have been trying to convince Luskin that she knew more about Cooper’s source than she did. According to Leopold, Novak is repeating a months-old rumor that Rove leaked Plame Wilson’s identity to Cooper, a rumor that has swirled throughout the Washington journalistic community. Leopold’s sources will bolster Novak’s claim that she had no intention of “tipping off” Luskin to anything. [CounterPunch, 12/9/2005] The press will later report Novak’s meeting with Luskin as taking place in the late summer or fall of 2004, and Novak will initially tell special prosecutor Patrick Fitzgerald that it took place in May 2004, but according to her final testimony, the meeting occurs on March 1 (see December 8, 2005). [New York Times, 12/2/2005; Time, 12/11/2005] Leopold will date the Novak-Luskin conversation to “the summer of 2004.” [CounterPunch, 12/9/2005] Upon the conclusion of his conversation with Novak, Luskin will immediately prompt Rove to begin searching for documentation of his conversation with Cooper (see March 1, 2004).
Sam Francis, a white supremacist and syndicated columnist (see September 1995), excoriates President Bush’s “pretense” of support for a constitutional amendment outlawing gay marriage. Bush, Francis writes, “fooled most conservatives once in 2000. What he is doing now is trying to fool them again.” Republicans will never force any such amendment through, Francis writes, nor do they truly wish to. “Why do conservatives propose them or endorse them?” he asks. “Republicans peddle this constant stream of amendments because they know very well they will never go anywhere, that they will never be called on to vote on them or work for them, and that in the meantime the grassroots constituents who demand them will be placated by the simple rhetoric that ‘endorses’ or supports them. Amending the Constitution to correct flaws conservative politicians are unwilling to confront in serious ways is a cheap and easy way to make everybody happy and make sure nothing is done.” Francis is staunchly in favor of such an amendment, writing: “In the case of homosexual ‘marriages,’ I have no problem in refusing to recognize them as real or legal. Persons of the same sex can no more marry each other than dogs and cats can become congressmen, but since the whole purpose of the movement for ‘gay marriage’ is to subvert cultural institutions and normalize the abnormal, there’s not much point in arguing about it. Either you get it and oppose ‘gay marriage’ or you don’t and support it.” Instead of trying and failing to amend the Constitution, Francis writes that Congress should use the Constitution to limit the powers of the federal courts and thereby “forbid the [Supreme] Court even to hear, much less rule on, let us say, cases involving the marriage of persons of the same sex. Or cases involving capital punishment. Or cases involving flag burning. Or cases involving whatever the Congress decides to forbid the Nameless Nine from spending their vast intellectual resources and spiritual energies upon. With a stroke of the Congressional pen, ‘judicial activism’ could be ended, and it could have been ended decades ago, had conservatives been at all serious about what they claim to be serious about. If Congress ever did use its powers to curtail judicial misrule, the judges would get the message, and those who didn’t would find themselves in trouble.” Francis’s columns are provided to a national audience by Creators Syndicate. [VDare (.com), 3/1/2004]
The trial of Oklahoma City bombing conspirator Terry Nichols (see May 13, 2003) begins in McAlester, Oklahoma, with the trial judge, Steven Taylor, ruling that the trial will not be delayed because of allegations that the prosecution withheld documents from the defense (see February 27, 2004). Nichols faces 161 counts of first-degree murder, and could receive the death penalty if convicted. Taylor warns prosecutors that any withholding of evidence by prosecutors or the Justice Department would void the case entirely, saying: “There will not be a mistrial. There will be a dismissal, period.” Taylor says, “It would be irresponsible for this court to shut down this trial today based on speculation and guesswork what the FBI can come up with.” The defense intends to argue that Nichols was just one small cog in a much larger conspiracy involving convicted bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) and an undetermined number of unnamed accomplices, perhaps American white supremacists or Middle Eastern radicals; defense lawyer Barbara Bergman tries and fails for a delay, telling Taylor: “Everywhere we turn we are being stymied by the federal government, your honor. It’s outrageous. Why is the federal government so afraid?” Taylor says he will allow the defense considerable leeway in questioning government witnesses: “Some call a trial a search for truth. If the FBI thinks it important to search for truth while we’re conducting this trial, then they should cooperate with the search for truth in this courtroom.” The jury has not yet been seated, and lawyers will not give their opening arguments for at least a week. Brian T. Hermanson is Nichols’s lead lawyer; Lou Keel leads the prosecution. [New York Times, 3/2/2004; New York Times, 3/9/2004]
A German appeals court overturns the conviction of Mounir El Motassadeq after finding that German and US authorities withheld evidence. He had been sentenced to 15 years in prison for involvement in the 9/11 plot. According to the court, a key suspect in US custody, Ramzi bin al-Shibh, had not been allowed to testify. European commentators blame US secrecy, complaining that “the German justice system [is] suffering ‘from the weaknesses of the way America is dealing with 9/11,’ and ‘absolute secrecy leads absolutely certainly to flawed trials.’” [Agence France-Presse, 3/5/2004] The court orders a new trial scheduled to begin later in the year. [Associated Press, 3/4/2004] The release of El Motassadeq (and the acquittal of Mzoudi earlier in the year) means that there is not a single person who has ever been successfully prosecuted for the events of 9/11.
Haitian President Boniface Alexandre appoints Leon Charles, former commander of the Haitian Coast Guard, as Director General of the Haitian National Police. [US Department of State, 3/19/2004]
Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to the indictment that will later be issued against Libby (see October 28, 2005), he commits perjury during his testimony. [US Department of Justice, 3/5/2004 ; MSNBC, 2/21/2007; Washington Post, 7/3/2007] Libby is questioned by special prosecutor Patrick Fitzgerald, who is aided by deputy special counsels Ron Roos, Peter Zeidenberg, and Kathleen Kedian. At the beginning of the questioning, Fitzgerald ensures that Libby understands the circumstances that constitute perjury.
Denies Being Source for Columnist - Fitzgerald asks Libby about his involvement as a source for columnist Robert Novak, who revealed Plame Wilson’s secret CIA status in a column (see July 14, 2003). Libby denies being a source for Novak.
Admits Learning about Plame Wilson's CIA Status from Cheney - He admits that Cheney told him that Joseph Wilson’s wife was a CIA officer: while discussing Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), Libby says of Cheney: “And in the course of describing this he also said to me in sort of an off-hand manner, as a curiosity, that his wife worked at the CIA, the person who—whoever this person was. There were no names at that stage so I didn’t know Ambassador Wilson’s name at that point, or the wife’s name.” Libby also admits that he knew Plame Wilson worked at the “functional office” of the CIA that handled the Iraq WMD issue.
Libby 'Forgot' He Already Knew about Plame Wilson - Later in the interview, Fitzgerald asks again if it is “fair to say that [Cheney] had told you back in June, June 12 or before… that his wife worked in the functional office of counterproliferation of the CIA (see (June 12, 2003)). Correct?” Libby answers, “Yes, sir.” Fitzgerald then asks: “So when you say, that after we learned that his wife worked at the agency, that became a question. Isn’t it fair to say that you already knew it from June 12 or earlier?” Libby then answers: “I believe by, by this week I no longer remembered that. I had forgotten it. And I believe that because when it was told to me on July 10, a few days after this article, it seemed to me as if I was learning it for the first time. When I heard it, I did not think I knew it when I heard.” Libby is referring to his claim that he originally learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), a claim that Russert will strongly deny (see February 7-8, 2007). [US Department of Justice, 3/5/2004 ]
Claims Not to Have Discussed Plame Wilson until after Novak's Column Published - Fitzgerald asks Libby if he recalls the question of whether the possibility that Plame Wilson sent her “husband on a junket” (see July 7, 2003 or Shortly After), and whether he discussed it with Cheney. Libby replies: “I don’t recall the conversation until after the Novak piece. I don’t recall it during the week of July 6. I recall it after the Novak… after the Novak article appeared.” Fitzgerald, obviously unconvinced by Libby’s claim, asks, “And are you telling us under oath that from July 6 to July 14 you never discussed with Vice President Cheney whether Mr. Wilson’s wife worked at the CIA?” Libby responds: “No, no, I’m not saying that. On July 10 or 11 I learned, I thought anew, that the wife—that the reporters were telling us that the wife worked at the CIA. And I may have had a conversation with the vice president either late on the 11th or on the 12th in which I relayed that reporters were saying that.” Libby is lying by claiming he never discussed Plame Wilson with Cheney or other White House officials between July 6 and July 14 (see July 7, 2003 or Shortly After, July 7-8, 2003, July 8, 2003, 12:00 p.m. July 7, 2003, and July 10 or 11, 2003). [US Department of Justice, 3/5/2004 ; National Journal, 1/12/2007]
Denies Learning of State Department Memo until Late September 2003 - Libby also denies learning of the State Department’s interest in the Wilson trip and in Wilson’s wife until after the investigation into Plame Wilson’s identity became public on September 28, 2003, “a couple days after that,” he says. “I don’t have any recollection of an INR [Bureau of Intelligence and Research, the State Department’s intelligence bureau] document prior to that date.” Libby is lying; he learned about the State Department’s inquiry into the Wilson trip, and Plame Wilson’s CIA status, much earlier (see 12:00 p.m. June 11, 2003). He also denies asking the State Department’s Marc Grossman for information on Wilson’s Niger trip, which is most likely another lie (see May 29, 2003). And he claims not to remember if he learned from Grossman that Plame Wilson was a CIA official.
Denies Talking to CIA Official - Libby also claims not to remember discussing Plame Wilson with Robert Grenier, the CIA’s Iraq mission manager. “I don’t think I discussed Wilson’s wife’s employment with, with Mr. Grenier,” he testifies. “I think if I discussed something it was what they knew about the request about Mr., about Mr. Wilson. I don’t recall the content of the discussion.” Asked “if there was an urgency to the conversation” with Grenier, Libby replies, “I recall that I was reaching Mr. Grenier—I was trying to reach Mr. McLaughlin [John McLaughlin, then the CIA’s deputy director, who spoke to Cheney the day before about Plame Wilson—see 12:00 p.m. June 11, 2003) and couldn’t, and spoke instead to Mr. Grenier. And so if I did that instead of just waiting for Mr. McLaughlin, it was probably something that was urgent in the sense that my boss, the vice president, wanted, wanted to find something out. Not, not necessarily in the real world, but he wanted an answer and usually we try and get him the answer when we can.” Libby did indeed meet with Grenier, and quizzed him about Plame Wilson (see 2:00 p.m. June 11, 2003).
Denies Leaking Name to Post Reporter - Libby claims not to be sure if he was a source for a June 2003 article by Washington Post reporter Walter Pincus (see June 12, 2003), but says he is sure he did not divulge Plame Wilson’s identity to him. “I have no recollection of having discussed it with Mr. Pincus and I don’t think I did,” Libby testifies. He acknowledges that his own notes, entered into evidence by Fitzgerald, show that he discussed the Pincus article with Cheney before it was published. Libby also denies revealing Plame Wilson’s identity to two New York Times reporters, David Sanger and James Risen.
Challenges Wilson's Characterization of Iraq-Niger Claims - Using language similar to that he and other members of Cheney’s staff have used in press conferences and to individual reporters, Libby says that Joseph Wilson’s questioning of the Iraq-Niger claims were ill-informed, and that Wilson was wrong to speculate that Cheney had deliberately ignored the evidence that those claims were false to insist that Iraq had an active nuclear weapons program and therefore constituted a danger to the US (see March 24, 2002, August 2002, March 16, 2003, and July 6-10, 2003). Libby says of Wilson’s op-ed in the New York Times (see July 6, 2003), “It’s a, it’s a bad article.” He admits to being angry over the article, then changes it to being “concerned because it didn’t seem to me an accurate portrayal of the facts.… Upset’s a fair word, I guess.” He admits to discussing the Wilson op-ed with Cheney shortly after its publication, though he is unsure of the exact date of that discussion (see July 6-10, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby acknowledges that notations on a copy of the Wilson op-ed are in Cheney’s handwriting (see July 7, 2003 or Shortly After). [US Department of Justice, 3/5/2004 ]
Entity Tags: Robert Grenier, Robert Novak, Walter Pincus, Valerie Plame Wilson, US Department of State, Richard (“Dick”) Cheney, Ron Roos, Peter Zeidenberg, Tim Russert, Marc Grossman, Bureau of Intelligence and Research, David Sanger, John E. McLaughlin, James Risen, Patrick J. Fitzgerald, Kathleen Kedian, Lewis (“Scooter”) Libby, Joseph C. Wilson
Timeline Tags: Niger Uranium and Plame Outing
The US-appointed Iraqi Interim Governing Council signs the Transitional Administrative Law (TAL), providing a timetable for the establishment of a representative government in Iraq. The TAL will serve as the country’s constitution during the transitional period, set to begin on June 30, 2004. On that date, the CPA will be dissolved and power will be transferred to a transitional government (This will actually happen on June 28; see June 28, 2004), which will rule Iraq until an elected government has been established. According to the TAL, the National Assembly will be elected in January 31, 2005 and charged with the task of writing a constitution that will be subjected to popular referendum no later than October 15, 2005. Finally, an elected government must be established no later than December 31, 2005. The TAL also includes provisions that place certain restrictions on the transitional government, such as one stating that all “laws, regulations, orders, and directives issued by the Coalition Provisional Authority” will remain in force during this period. [Iraq Transitional Administrative Law, 3/8/2004; CNN, 6/28/2004]
A federal court denies the appeal of suspected al-Qaeda operative Ali Saleh Kahlah al-Marri , who is challenging his classification as an enemy combatant (see June 23, 2003) and wants his case heard in Illinois, where he attended college. The court rules that al-Marri’s case belongs in South Carolina, where he is being held in strict isolation in the Charleston naval brig. Mark Berman, an attorney for al-Marri, says the ruling will be appealed to the Supreme Court. (The Court will decline to review the decision (see October 4, 2004).) Al-Marri’s lawyers say that wherever the case is heard, they will seek a writ of habeas corpus to require the government to justify its detention of their client. Government lawyers say they have evidence that al-Marri was in the US helping al-Qaeda plan terrorist attacks, but have refused to provide that evidence. [Associated Press, 3/10/2004]
Congresswoman Barbara Lee (D-CA) of the Congressional Black Caucus Haiti Task Force Co-Chair introduces the TRUTH (The Responsibility to Uncover the Truth about Haiti) Act, calling for an independent bipartisan commission to investigate the circumstances of the toppling of Jean-Bertrand Aristide’s government. The bill, H.R. 3919, is co-sponsored by CBC Haiti Task Force Co-Chair John Conyers (D-MI) and 23 other members of the House. “The Bush administration’s efforts in the overthrow of a democratically-elected government must be investigated,” says Lee. “All of the evidence brought forward thus far suggests that the Administration has, in essence, carried out a form of ‘regime change,’ a different variation than it took in Iraq, but still regime change. The American people and the international community deserve to know the truth, and this bill will offer the opportunity to investigate the long term origins of the overthrow of the Haitian government and the impact of our failure to protect democracy.” The bill seeks to answer 6 specific questions. [Office of Representative Barbara Lee, 3/9/2004; US Congress, 3/9/2004 ]
“Did the US Government impede democracy and contribute to the overthrow of the Aristide government?” [Office of Representative Barbara Lee, 3/9/2004]
“Under what circumstances did President Jean-Bertrand Aristide resign, and what was the role of the United States Government in bringing about his departure?” [Office of Representative Barbara Lee, 3/9/2004]
“To what extent did the US impede efforts by the international community, particularly the Caribbean Community (CARICOM) countries, to prevent the overthrow of the democratically-elected Government of Haiti?” [Office of Representative Barbara Lee, 3/9/2004]
“What was the role of the United States in influencing decisions regarding Haiti at the United Nations Security Council and in discussions between Haiti and other countries that were willing to assist in the preservation of the democratically-elected Government of Haiti by sending security forces to Haiti?” [Office of Representative Barbara Lee, 3/9/2004]
“Was US assistance provided or were US personnel involved in supporting, directly or indirectly, the forces opposed to the government of President Aristide?” [Office of Representative Barbara Lee, 3/9/2004]
“Was US bilateral assistance channeled through nongovernmental organizations that were directly or indirectly associated with political groups actively involved in fomenting hostilities or violence toward the government of President Aristide?” [Office of Representative Barbara Lee, 3/9/2004]
Some of the materials confiscated from Myron Tereshchuk’s home by the FBI. [Source: FBI]The FBI arrests Maryland resident Myron Tereshchuk for attempting to produce ricin, a deadly biological toxin, and other possible weapons of mass destruction. A search of Tereshchuk’s house secures castor beans, laboratory glassware, numerous chemical reagents, unidentified liquids, crystalline solids, electrical components, incendiary explosives, and inert hand grenades; Tereshchuk is found to be carrying a copy of the US patent for ricin production. Laboratory analysis identifies some of the unidentified liquids in the house to contain ricin. Investigators find a postcard in the house with the message, “Here is your poison—enjoy.” Tereschuk, who is believed to have concocted the material in order to either attack a firm called MicroPatent or extort millions from that firm, will be convicted and sentenced to prison. [Washington Post, 9/30/2004; New York Times, 8/7/2005; Federal Bureau of Investigation, 2009]
Michael Battle, the director of the Executive Office for US Attorneys, sends a memo to Kyle Sampson, counsel to Attorney General John Ashcroft, informing him that 16 US Attorneys’ offices are below standards—“underperforming”—in implementing Project Safe Neighborhoods (PSN), a Justice Department initiative to reduce gun violence and prosecute offenders who use guns in the commission of crimes. One of the US Attorneys cited is Carol Lam of the Southern District of California (see November 8, 2002). The memo notes that Lam’s office returned “only 17 firearms indictments” in 2003, and that her office’s PSN indictments and defendants “per criminal work years for FY 2003 is the lowest in the nation.” Subsequent Justice Department analyses of PSN performance continue to identify Lam’s district as needing improvement in firearms prosecutions. [US Department of Justice, Office of the Inspector General, 9/29/2008]
The head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it clarifies the OLC’s advice on classified foreign intelligence activities. Goldsmith sends another classified memo on the same topic to Deputy Attorney General James Comey the next day, a followup memo to Comey three days later, and a followup to Gonzales the day after that. [American Civil Liberties Union [PDF], 1/28/2009 ]
Compounding effect of multiple tiers of subcontractors [Source: News Observer] (click image to enlarge)Despite the fact that the Logistics Civil Augmentation Program (LOGCAP) contract explicitly prohibits Halliburton and its subcontractors from subcontracting security services, Halliburton subcontractor ESS hires the firm Blackwater USA to provide security through Regency Hotel, another subcontractor. Each of the subcontractors involved in this arrangement will charge a substantial mark-up for the security personnel. Blackwater pays its security guards $600 per day and charges Regency $815 per day plus overhead costs, while Regency charges ESS between $1200 and $1500 per day for each security guard. It is not known what ESS charges Halliburton or what the final bill is for the taxpayer. Halliburton refuses to disclose this information to Congress. Congressman Henry Waxman, in a letter to Secretary of Defense Donald Rumsfeld, will suggest that Halliburton’s invoice to the US government for these services was not legal and should not have been paid. [Regency Hotel & Hospital Company, 3/12/2004 ; News & Observer, 10/24/2004; News & Observer, 10/28/2006; US Congress, 12/7/2006 ]
President Bush meets privately with acting Attorney General James Comey to discuss the Justice Department’s refusal to reauthorize the administration’s warrantless wiretapping program (see Late September, 2001). (Comey will later refuse to discuss the conversation during testimony before Congress.) After the meeting, Bush meets privately with FBI Director Robert Mueller, Comey’s partner in opposing the program (see March 10-12, 2004). After his meeting, Mueller tells Comey, “[W]e have the president’s direction to do what we believed, what the Justice Department believed was necessary to put this matter on a footing where we could certify its legality.” Author and reporter Charlie Savage will later write, “Comey, [Office of Legal Counsel chief Jack] Goldsmith, and their colleagues spent the next several weeks making a series of undisclosed changes to the warrantless surveillance program—during which time the original program continued to operate, even though the president had been told it was illegal.” Outside experts will later speculate that Comey and Goldsmith had constrained the program’s scope by imposing stricter controls on who can be monitored without a warrant. Some will decide that the program now monitors only communications specifically suspected to have a connection to al-Qaeda, not the more general “suspected terrorism” communications. They will also speculate that the authorization for the program now relies on Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001), not the president’s inherent authority as commander in chief. But, Savage will write, the program still allows wiretapping without a judge’s approval, and therefore is still illegal. [Savage, 2007, pp. 188]
Lead defense lawyer Brian Hermanson. [Source: Corbis / TruTV]Michael E. Tigar, the former lead attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see June 4, 1998) who now faces a state trial on 161 counts of first-degree murder (see March 1, 2004), joins Nichols’s current defense team in speculating that the bombing may have been carried out by a larger group of white supremacists, of which Nichols was only a minor member and perhaps little more than a scapegoat. While prosecutors say they have “an avalanche of evidence” showing Nichols’s heavy involvement, defense lawyers led by Brian T. Hermanson say that Nichols and his cohort, convicted bomber Timothy McVeigh (see June 2, 1997), were part of the purported larger conspiracy. McVeigh, Hermanson argues, “conspired with others whose identities are still unknown” and “orchestrated various events and evidence so as to make it appear that Mr. Nichols was involved and, thereby, direct attention away from others.” Some evidence exists of McVeigh’s involvement with the violent white supremacist group Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and it is possible that McVeigh took part in bank robberies the group carried out. Tigar says, “Is it too bad they killed Tim?” referring to McVeigh’s execution (see 7:14 a.m. June 11, 2001). “If they really wanted to find out what happened, maybe some of the revelations, now that the cover is blown, maybe he would have talked. Who knows?” Tigar seems to be implying that the government executed McVeigh to ensure his silence, a conclusion prosecutors dispute. Prosecutors say they have given the defense all exculpatory evidence, and that they can indisputably prove Nichols’s guilt. Assistant Oklahoma County District Attorney Sandra H. Elliott says, “Whether or not anybody else is involved, we can prove Mr. Nichols is.” Mark S. Hamm, a criminology professor who has written about the ARA, says: “The preponderance of evidence points to the fact that McVeigh had some sort of ongoing relationship with members of the ARA. [But t]here’s no smoking gun here.” Stephen Jones, who represented McVeigh during his trial (see May 8, 1995), says: “Where the Nichols defense clearly wants to go is to try for an acquittal or hung jury using material the government withheld.” If successful, the Nichols lawyers will try to get Nichols’s federal conviction (see December 23, 1997) reversed. However, “it has to succeed in [these proceedings] first.” [New York Times, 3/16/2004]
Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, advises White House counsel Alberto Gonzales in a classified memo that several “classes” of people are not given “protected” status if captured as hostiles in Iraq. Those people include: US citizens, citizens of a state not bound by the Geneva Conventions, citizens of a “belligerent State,” and members of al-Qaeda who are not Iraqi citizens or permanent Iraqi residents. The memo will be made public on January 9, 2009. [US Department of Justice, 3/18/2004 ; American Civil Liberties Union [PDF], 1/28/2009 ]
Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to a number of general counsels: the State Department’s William Howard Taft IV, the Defense Department’s William Haynes, the White House’s chief counsel for national security John Bellinger, the CIA’s Scott Muller, and the White House’s Alberto Gonzales. The memo is a draft opinion that concludes the US government can withdraw “protected persons” (a classification of the Geneva Conventions) who are illegal aliens from Iraq to other countries to facilitate interrogation—in other words, the US can subject them to rendition. Goldsmith says the US can also rendition so-called “protective persons” who have not been accused of a crime and who are not illegal aliens in Iraq, as long as the custody is for a brief period. [US Department of Justice, 3/19/2004 ; Cross, 2005; American Civil Liberties Union [PDF], 1/28/2009 ] The memo correlates with another Justice Department memo rejecting “protected person” status for some who are detained by US forces in Iraq (see March 18, 2004).
Lawyers make their opening statements in the trial of Oklahoma City bombing conspirator Terry Nichols (see March 1, 2004), charged with 161 counts of first-degree murder in the bombing. Nichols is already serving a life sentence from a conviction in federal court (see December 23, 1997). Assistant District Attorney Lou Keel calls Nichols and executed Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) “partners in terror,” and tells of a plethora of evidence joining the two in the conspiracy to destroy the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Lead defense lawyer Brian T. Hermanson says that Nichols was the victim of “manipulation” and “betrayal” by his friend McVeigh. The prosecution seems to be following a similar path as that taken in Nichols’s federal trial, but Nichols’s defense is trying to raise new doubts about others possibly involved in the conspiracy (see March 16, 2004), including questioning the existence and identity of the infamous “John Doe No. 2,” a purported fellow conspirator who was never caught and whom the FBI has said never existed (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995).
Judge Lashes Prosecution for 'Inexcusable Conduct' - Judge Steven Taylor excoriates the prosecution for its “inexcusable conduct” in withholding an impropriety in jury selection, saying that the impropriety might cause a mistrial later in the case. Taylor says the Oklahoma County District Attorney’s office failed to inform the court until the jury was already chosen that among the 12 jurors and six alternates were three relatives of a prosecutor with local roots who had worked on jury selection. “The court cannot imagine why the prosecutors affirmatively chose not to reveal this information during the jury selection,” Taylor says, blaming prosecutor George Burnett for the lapse. Burnett, Taylor says, knew in early March that he was related to three or four people in the 357-member jury pool, but continued to participate in the process of jury selection that included three of his relatives. At that point, Burnett told his fellow prosecutors, but no one told Taylor until March 12, the day after the jury was selected and the process closed. The jurors bear no blame in the matter, Taylor says. He dismissed the three jurors in question, leaving only three alternates. If the jurors should fall below the requisite dozen, he warns, “the trial will not end in a mistrial, it will end in a dismissal with prejudice,” meaning Nichols cannot be retried on the charges. Prosecutors do not respond in court to Taylor’s admonishment, and say nothing to reporters, as Taylor has barred both sides from speaking to reporters about the case. [New York Times, 3/23/2004]
Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 ; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 ; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]
Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald
Timeline Tags: Niger Uranium and Plame Outing
It is reported that the FBI has closed down their investigation into Saudis Omar al-Bayoumi and Osama Basnan. The Associated Press reports, “The FBI concluded at most the two Saudi men occasionally provided information to their kingdom or helped Saudi visitors settle into the United States, but did so in compliance with Muslim custom of being kind to strangers rather than out of some relationship with Saudi intelligence.” [Associated Press, 3/24/2004] Sen. Bob Graham (D-FL) had cochaired the 9/11 Congressional Inquiry that found considerable evidence tying these two men to two 9/11 hijackers and also to the Saudi government. When he sees this news report, he contacts the FBI and is told the report is not correct and that the investigation into the two men is still ongoing. A month later, FBI Director Robert Mueller tells Graham that the report was correct, and the case has been closed. Graham asks Mueller to speak to the two FBI agents who reached this conclusion and find out why they reached it. He asks that he should be allowed the same access to them that the Associated Press had been given. Both Mueller and Attorney General John Ashcroft refuse to give clearance for the agents to speak to Graham. Graham then writes a letter with Sen. Arlen Specter (R-PA), again asking for clarification and the right to meet with the agents. Their request is denied. Graham concludes that this is something it “seems that neither the FBI nor the Bush administration wants the American people to find out about.” [Graham and Nussbaum, 2004, pp. 224-227]
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