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The Wall Street Journal publishes an op-ed declaring that since the Senate Intelligence Committee has “exposed” former ambassor Joseph Wilson’s “falsehoods” about his trip to Niger to explore the allegations that Iraq tried to purchase uranium from Niger (see July 9, 2004), it is time for Special Prosecutor Patrick Fitzgerald to “close up shop” and stop his investigation into who outed Wilson’s wife, CIA agent Valerie Plame Wilson. The Journal declares that if “an administration official cited nepotism truthfully in order to explain the oddity of Mr. Wilson’s selection for the Niger mission, then there was no underlying crime” in outing Plame Wilson. “[T]he entire leak probe now looks like a familiar Beltway case of criminalizing political differences. Special Prosecutor Patrick Fitzgerald should fold up his tent.” The Journal also repeats the baseless conclusion of the Republican authors of the committee report that stated Wilson’s findings in Niger actually provided “some confirmation” of the Iraq-Niger deal. [Wall Street Journal, 7/20/2004] In 2007, Plame Wilson will write that she is in her CIA office when she reads the op-ed. She recalls realizing that the entire thrust of the attempt to smear her husband is “to derail the leak investigation, which was sniffing dangerously close to the White House. Now I understood the ferocity of the attacks on Joe.” [Wilson, 2007, pp. 192]
Bill Gertz, a columnist for the conservative Washington Times, writes that CIA official Valerie Plame Wilson’s identity was compromised twice before it was publicly exposed by conservative columnist Robert Novak (see July 14, 2003). If true, neither exposure was made publicly, as Novak’s was. Anonymous government officials told Gertz that Plame Wilson’s identity was disclosed to Russian intelligence agents in the mid-1990s. Her identity was again revealed in what Gertz calls “a more recent inadvertent disclosure,” references identifying Plame Wilson as a CIA official in confidential documents sent by the agency to the US interests section of the Swiss Embassy in Havana. The anonymous officials told Gertz that Cuban officials read the documents and could have learned of Plame Wilson’s CIA status. The officials did not state when the alleged Cuban exposure took place. “The law says that to be covered by the act the intelligence community has to take steps to affirmatively protect someone’s cover,” one official told Gertz. “In this case, the CIA failed to do that.” Another official told Gertz that the compromises before the news column were not publicized and thus should not affect the investigation of Plame Wilson’s exposure. [Washington Times, 7/22/2004]
Conservative radio host Michael Savage unleashes a barrage of accusations against Democrats, while commenting on the ongoing Democratic National Convention. One topic of attention is voting. Savage lists the kinds of people he believes should be denied the vote: “people on welfare,” “people with less than 100 IQ,” and “illegal aliens.” He accuses Democrats of trying to influence the election by recruiting illegal aliens to vote, saying: “I’ll go down the list of people who should not have the right to vote. Let’s start with illegal aliens. Should they have the right to vote? Course they shouldn’t, but they do. They’re being courted by the Democrats as we speak.” There have been isolated instances of undocumented immigrants and non-citizens casting votes, but no state allows non-citizens of any stripe to vote in federal elections. A very small number of municipalities in Maryland and Massachusetts allow non-citizens to vote in local elections. Savage provides no evidence of the widespread voter fraud of which he accuses Democrats of enacting. [Media Matters, 7/28/2004]
The mobile trailer where Combatant Status Review Tribunals are held. [Source: US Navy]At Guantanamo, the first of the Combatant Status Review Tribunals (see July 7, 2004) convenes to determine whether the designations of 585 detainees at Guantanamo as unlawful enemy combatants are just. The hearings were ordered by the Supreme Court which ruled in June that detainees have the right to challenge their detention (see June 28, 2004). The hearings, open to only a small number of reporters, are conducted by three military officers. Each hearing will generally take about two hours. The defendants are not required to cooperate or even be present during the hearings. [New York Times, 8/24/2004] The burden of proof during the tribunal hearings lies with the detainees, although they are hardly in a position to make their case. They are not permitted attorneys to represent their case. Instead, each detainee is assigned a “personal representative,” who is a military officer, not a lawyer or advocate. The detainees can be denied information about how, where, and from whom incriminating information about them originates. [New York Times, 8/24/2004] Although the detainees may call witnesses or present evidence, the Los Angeles Times reports that they are rarely permitted to put forward any evidence or offer the testimony of witnesses in their defense. According to the newspaper, their requests are frequently turned down as “irrelevant.” Other evidence is often ruled inadmissible. [Los Angeles Times, 11/7/2004] Government prosecutors, however, are permitted to use a wider range of types of evidence than that which is permissible in a US criminal court. According to the order establishing the tribunals: “The Tribunal is not bound by the rules of evidence such as would apply in a court of law. Instead the Tribunal shall be free to consider any information it deems relevant and helpful to a resolution of the issue before it. At the discretion of the Tribunal, for example, it may consider hearsay evidence, taking into account the reliability of such evidence in the circumstances.” [US Department of Defense, 7/7/2004 ]
US Representative Darrell Issa (R-CA) and 13 other representatives sign a letter to Attorney General John Ashcroft protesting the Justice Department’s policy towards prosecuting “alien smugglers,” or “coyotes,” who bring illegal immigrants across the US-Mexican border. Issa, who wrote the letter, says that the DOJ should adopt a “zero-tolerance” policy towards “alien smuggling” and should prosecute everyone accused of such a crime. Issa refers to decisions by US Attorney Carol Lam of the District of Southern California (see November 8, 2002) not to prosecute persons charged with the crime of “alien smuggling,” and references the case of Antonio Amparo-Lopez as an example of a “missed opportunity” to prosecute such an alleged criminal (see February 2, 2004). Issa writes: “It is unfortunate and unacceptable that anyone in the Department of Justice would deem alien smuggling, on any level or by any person, too low of a priority to warrant prosecution in a timely fashion. In our view, a lack of available resources for prosecution is not a valid reason for a decision not to prosecute and, in fact, would signify a mismanagement of your department’s priorities.” [US Department of Justice, 3/23/2007 ] Issa represents California’s 49th District, which centers on San Diego and is part of Lam’s federal district. [Healthy City, 8/2011 ] Assistant Attorney General William Moschella will send Issa a brief reply defending the Justice Department’s prosecution practices (see (December 30, 2004)). Issa’s spokesperson Frederick Hill will later tell columnist Byron York: “We were stumped in terms of getting information to explain the scope of the problem. We put the word out on the street that we were interested in getting more information about this.” York later writes, “Issa was hoping for a tip—perhaps from someone inside a law-enforcement organization—to give him the information he had been seeking.” [National Review, 3/28/2007]
London’s Sunday Times interviews the person it calls “a mysterious middleman who was a key figure in the notorious Niger uranium hoax before the Iraq war.” The middleman is information peddler Rocco Martino, though Martino uses the alias “Giacomo” in the interview. He claims to have been an “unwitting dupe” in the passing of forged documents alleging that Iraq attempted to buy uranium from Niger (see Early 2000). Martino confirms that he has worked as a low-level agent for the Italian military intelligence service SISMI, and says that the agency used him to spread the forged Iraq-Niger documents. “I received a call from a former colleague in SISMI,” he says. “I was told a woman in the Niger embassy in Rome had a gift for me. I met her and she gave me documents. Sismi wanted me to pass on the documents but they didn’t want anyone to know they had been involved.” Martino is referring to Laura Montini, another SISMI asset (see March 2000). He says he believed the documents were real when he gave them to various intelligence contacts and journalist Elisabetta Burba (see Afternoon October 7, 2002). [London Times, 8/1/2004; Financial Times, 8/2/2004]
The Republican National Committee (RNC) requires supporters to sign a “loyalty oath” to President Bush before distributing tickets to a rally in Albuquerque, New Mexico, featuring Vice President Dick Cheney. The rally takes place on July 31. Anyone who is not a verifiable Republican contributor or volunteer must sign the following oath before receiving their tickets: “I, [full name]… do herby (sic) endorse George W. Bush for reelection of the United States.” The form warns that signers “are consenting to use and release of your name by Bush-Cheney as an endorser of President Bush.” The RNC says the “loyalty oaths” are designed to keep “hecklers” out of the rally, and a local official says a “Democrat operative group” was trying to infiltrate the limited-seating event. The Washington Post later reports that the local GOP refused to give tickets to even uncommitted voters who wanted to hear Cheney speak. The presidential campaign of John Kerry (D-MA) has long charged that the Bush campaign routinely screens attendees of Bush’s speeches. A spokesman for the Kerry campaign says Democrats would not impose any sort of loyalty requirements on people attending their nominees’ speeches. The Post notes that at a recent Kerry appearance in New Mexico, a group of young men in the crowd began chanting “Viva Bush!” during Kerry’s speech. [Washington Post, 8/1/2004]
White House political strategist Karl Rove denies leaking CIA official Valerie Plame Wilson’s name to the press. Rove is lying (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003), though his words are carefully chosen to be technically accurate. At the Republican convention nominating George W. Bush as the party’s presidential candidate, Rove tells a CNN reporter: “I didn’t know her name and didn’t leak her name. This is at the Justice Department. I’m confident that the US Attorney, the prosecutor who’s involved in looking at this is going to do a very thorough job of doing a very substantial and conclusive investigation.” Rove is correct in saying he did not tell reporters Plame Wilson’s name, but he identified her as the wife of former ambassador Joseph Wilson, making it easy for reporters to find her name for themselves. [CNN, 7/5/2005; Raw Story, 7/7/2005]
An artist’s drawing of Ibrahim Ahmed Mahmoud al-Qosi appearing before a military commission on August 27, 2004. [Source: Art Lien/ Getty Images]The number of Guantanamo detainees charged with a crime and singled out for trial by military commission reaches 15. However, for the time being, hearings are scheduled for only four of them—David Hicks, Ali Hamza Ahmad Sulayman al-Bahlul, Ibrahim Ahmed Mahmoud al-Qosi, and Salim Ahmed Hamdan. All are charged with conspiracy, except for Australian David Hicks, who is also charged with attempted murder and aiding the enemy. [New York Times, 8/25/2004]
The American Civil Liberties Union warns that InfraGard, the private organization that cooperates with the FBI in law enforcement and other areas (see 1996-2008), is a potential threat to constitutional freedoms. “There is evidence that InfraGard may be closer to a corporate TIPS program [TIPS is a program proposed by the Bush administration to encourage Americans to spy on one another], turning private-sector corporations—some of which may be in a position to observe the activities of millions of individual customers—into surrogate eyes and ears for the FBI,” the ACLU says in its report, “The Surveillance-Industrial Complex: How the American Government Is Conscripting Businesses and Individuals in the Construction of a Surveillance Society.” [Progressive, 2/7/2008]
Leading radical cleric Abu Hamza al-Masri is again arrested. He is already in prison, but this is because he is awaiting proceedings on his extradition to the US, where he faces criminal charges (see May 27, 2004 and May 27, 2004). However, the British government decides it would look bad for Britain to hand over Abu Hamza for prosecution in the US for crimes committed in Britain. Therefore, the British want to try Abu Hamza at home, and the police are instructed, in the words of authors Sean O’Niell and Daniel McGrory, to “build a case, and do it swiftly.” The police decide to use tapes of Abu Hamza preaching that they seized from his home in 1999 (see March 15-19, 1999) but later returned to him (see December 1999), as they now decide the tapes show Abu Hamza making inflammatory statements that reach the level of incitement to racial hatred and soliciting to murder. O’Niell and McGrory will comment: “America wanted to put Abu Hamza on trial for recruiting, financing, and directing terrorism, charges that could see him jailed for up to a hundred years. But British prosecutors chose to intervene and to accuse him of lesser offences, mostly under a century-and-a-half-old Victorian statute. The central charge was that he had crossed the boundaries of freedom of expression—the criminal equivalent of ignoring the park keeper’s ‘Keep off the grass’ sign. Somehow Britain managed to make it look as if Abu Hamza was getting off lightly again.” Abu Hamza will be charged with the offences two months later, and will be convicted in 2006 (see January 11-February 7, 2006). [O'Neill and McGrory, 2006, pp. 295]
Bradley Schlozman, a deputy in the Justice Department’s Voting Rights Section of the Civil Rights Division (CRD), receives an email from his supervisor, John Tanner, asking him to bring coffee for both of them to a meeting they are both scheduled to attend. Schlozman asks how Tanner likes his coffee and Tanner replies that he likes it “Mary Frances Berry style—black and bitter.” Berry, an African-American, chaired the US Commission on Civil Rights from 1993 to 2004. Schlozman forwards the email exchange to several CRD officials with the comment, “Y’all will appreciate Tanner’s response.” Shortly thereafter, he is forced to write a written apology for his action. [Washington Post, 1/13/2009]
Officials at the CIA refer a case in which a detainee named Gul Rahman apparently froze to death at the Salt Pit prison in Afghanistan (see November 20, 2002) to the Justice Department for examination. [Washington Post, 9/19/2009] The full name of the CIA officer who caused the detainee to die is not known, although his last name is Zirbel. [Mahoney and Johnson, 10/9/2009, pp. 29 ] The case is reviewed with an eye to prosecution by the US Attorneys Office for the Eastern District of Virginia, where one of the office’s top prosecutors works on it. [Washington Post, 9/19/2009] This is apparently one of eight such referrals around this time. [New York Times, 10/23/2005] According to the New York Times, the Justice Department will be “reviewing its jurisdiction” in the case in May 2005. [New York Times, 5/22/2004] The department will decide not to prosecute in October 2005 (see Mid-October 2005), but will re-examine the case in 2009 (see August 24, 2009).
A lawsuit, Doe v. Rumsfeld, is filed on behalf of an Army recruit who is being forcibly redeployed to Iraq after nine years of active duty under the Army’s “stop-loss” program (see November 2002). The plaintiff, a reservist in the California National Guard who uses the pseudonym “John Doe” in the lawsuit, claims that since he signed up for only one year of duty, the stop-loss deployment could force him “to return to Iraq for up to two years, and possible continued military service beyond that time.” [PBS, 9/17/2004] Doe is a married father of two and an eight-year Army veteran who served in combat during the 1991 Gulf War (see January 16, 1991 and After). Doe enlisted in the National Guard in May 2003 under the so-called “Try One” program, which allows active-duty veterans to sign up for a year before deciding to make a longer commitment. Doe renewed in February 2004, making his new expiration date May 2, 2005. In July 2004, Doe’s unit was deployed for a 545-day tour of duty, which extended Doe’s time in service by about a year. He says he was told that if he did not re-enlist voluntarily for the extra time, he would be retained under the Army’s stop-loss policy. [Oakland Tribune, 1/14/2006] In January 2006, Doe will lose the case on appeal (see January 14, 2006).
Western intelligence officials say that a French intelligence operation to protect Niger’s uranium industry and to prevent weapons proliferation is the inadvertent cause of the forged documents alleging a surreptitious attempt by Iraq to procure uranium from Niger. The operation began in 1999, the officials say. In 2000, French intelligence officials received documents from Italian information peddler Rocco Martino, a source they had used before, that indicated Iraq wanted to expand economic “trade” with Niger. The intelligence officials assumed Iraq wanted to trade for uranium, Niger’s main export. Alarmed, the French asked Martino to provide more information, which, the Financial Times reports, “led to a flourishing ‘market’ in documents.” The next documents Martino provided to the French were forgeries, later exposed as such by inspectors from the International Atomic Energy Agency (see March 7, 2003). The US, which used the documents to support President Bush’s claim that Iraq had attempted to buy uranium from Niger in his 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003), later disavowed the claim; the British have yet to do so, insisting that they have other evidence showing the truth behind the allegations. Martino recently confirmed that the documents originated from contacts provided to him by Italian intelligence (see Late July, 2004). A Western intelligence official says: “This issue shows how vulnerable intelligence services and the media are to tricksters like Martino. He responded to a legitimate… demand from the French, who needed the information on Niger. And now he is responding to a new demand in the market, which is being dictated by the political importance this issue has in the US. He is shaping his story to that demand.” [Financial Times, 8/2/2004]
The press reports that according to a Justice Department investigation, Senator Richard Shelby (R-AL), then the ranking Republican on the Senate Intelligence Committee, leaked highly classified information to Fox News reporter Carl Cameron regarding al-Qaeda communications in the hours before 9/11 (see June 19, 2002). After Vice President Dick Cheney threatened the then-chairman of the Senate Intelligence Committee, Bob Graham (D-FL—see June 20, 2002), Graham and then-House Intelligence Committee chairman Porter Goss (R-FL) pushed for a Justice Department investigation into the leak. Though the FBI and the US Attorney’s Office conducted a probe, and even empaneled a grand jury, the Justice Department decided not to prosecute anyone, and instead turned Shelby’s name over to the Senate Ethics Committee, which will decline to pursue charges against him. Shelby states that he did not leak any classified information to anyone, and says he has never been informed of any specific allegations. The FBI demanded that 17 senators turn over phone records, appointment calendars, and schedules. One Senate Intelligence Committee staffer told the FBI that Shelby had leaked the information to show the shortcomings of the intelligence community in general and CIA Director George Tenet in particular. Though two senior Justice Department officials, then-Deputy Attorney General Larry Thompson and then-criminal division chief Michael Chertoff, refused to approve subpoenas for journalists, Cameron confirmed to FBI investigators that he was a recipient of Shelby’s leak. He also told investigators that he saw Shelby talking with CNN’s Dana Bash; after Shelby’s discussion with Bash, Cameron divulged the information Shelby had leaked to her, and CNN broadcast the story a half-hour after the conversations. Cameron told FBI agents he was irritated that Shelby had shared the same information with a competitor, and added that he delayed broadcasting the story because he wanted to ensure that he was not compromising intelligence sources and methods. Cameron was never subpoenaed and did not testify under oath. Bash refused to cooperate with the investigation. [Washington Post, 8/5/2004; National Journal, 2/15/2007]
Entity Tags: Larry D. Thompson, Dana Bash, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Federal Bureau of Investigation, George J. Tenet, Richard (“Dick”) Cheney, US Department of Justice, Michael Chertoff, Porter J. Goss, Fox News, Richard Shelby, Senate Ethics Committee, Senate Intelligence Committee
Timeline Tags: Complete 911 Timeline, Civil Liberties
Time reporter Matthew Cooper, facing a subpoena to testify before the grand jury investigating the Plame Wilson identity leak (see May 21, 2004), discusses the matter with White House official Lewis Libby. According to an affidavit later filed by special counsel Patrick Fitzgerald, Cooper tells Libby that his “recollection of events [referring to their conversation in which Libby outed Valerie Plame Wilson as a CIA official—see 11:00 a.m. July 11, 2003) is basically exculpatory, and asked Libby if Libby objected to Cooper testifying.” Libby indicates he has no objections, and suggests their attorneys should discuss the issue. [US District Court for the District of Columbia, 6/29/2007 ] Presumably, this is to determine whether Libby will agree to grant Cooper a waiver of confidentiality that would allow him to testify about their conversation.
The Federal Election Commission (FEC) dismisses the complaint “Citizens United v. Michael Moore and Fahrenheit 9/11.” The conservative lobbying group Citizens United (CU—see (May 11, 2004)) had complained to the Federal Election Commission (FEC) that liberal documentarian Michael Moore released a movie, Fahrenheit 9/11 (see June 25, 2004), that was so critical of the Bush administration that it should be considered political advertising. If the movie is indeed political advertising, under federal law it cannot be shown within 30 days before a primary election or 60 days before a general election. The FEC dismisses the complaint, finding no evidence that the movie’s advertisements had broken the law. The movie’s distributors, Lions Gate, assure the FEC that they do not intend to advertise the movie during the time periods given under the law. [Federal Election Commission, 8/6/2004; Moneyocracy, 2/2012] In the aftermath of the FEC decision, CU leaders Floyd Brown (see September 21 - October 4, 1988) and David Bossie will decide that they can do what Moore did, and decide to make their own “documentaries.” Bossie realized after Fahrenheit 9/11 aired that it, and the television commercials promoting it, served two purposes—attacking President Bush and generating profits. Having already conducted an examination of the career of former First Lady Hillary Clinton (D-NY), now a sitting senator with presidential aspirations, the organization will decide to make its first “feature film” about her (see January 10-16, 2008). [New Yorker, 5/21/2012]
NBC reporter Tim Russert, host of its flagship Sunday morning political talk show Meet the Press, testifies to FBI investigators probing the Valerie Plame Wilson identity leak (see December 30, 2003). He is deposed under oath and is audiotaped, but is not compelled to testify directly to the grand jury investigating the leak. According to an NBC statement, Russert is interviewed under oath, and testifies that he was the recipient of a leak; NBC will later claim that the interview was allowed as part of an agreement to avoid a protracted court fight. Russert is not asked to disclose a confidential source. “The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney’s chief of staff, phoned him last summer” (see July 10 or 11, 2003), the statement reads. “Russert told the special prosecutor that at the time of the conversation he didn’t know Plame’s name or that she was a CIA operative and did not provide that information to Libby.” [Office of Special Counsel, 7/27/2004 ; New York Times, 8/10/2004; Associated Press, 8/11/2004] Neither did Libby disclose Plame Wilson’s identity to him, Russert testifies. Russert and NBC News initially resisted the subpoena on First Amendment grounds, but relented after prosecutor Patrick Fitzgerald agreed not to compel Russert to appear before the grand jury, or to disclose confidential sources or information. [Washington Post, 8/10/2004] Russert has already talked informally with John Eckenrode, the FBI investigator overseeing the day-to-day investigation duties (see November 24, 2003). He told Eckenrode that Libby’s claim of learning Plame Wilson’s identity from him was false, and that he and Libby never discussed Plame Wilson at all. [National Journal, 2/15/2007] Libby’s claim that he learned of Plame Wilson’s identity from Russert will lead to perjury charges (see October 28, 2005).
Daniel Levin, the acting head of the Justice Department’s Office of Legal Counsel (OLC), sends a draft memo to Deputy Attorney General James Comey. The memo remains secret, but the American Civil Liberties Union (ACLU) will learn that it details the OLC’s views on a decision to be made by Comey on a classified intelligence collection activity. [ProPublica, 4/16/2009]
In a statement, NBC News confirms that its Washington bureau chief, Tim Russert, has testified in the Plame Wilson identity leak investigation (see August 7, 2004). NBC reaffirms that Russert was not a recipient of Valerie Plame Wilson’s CIA identity, and says he was asked “limited questions” by special counsel Patrick Fitzgerald that did not breach any confidentiality agreements he had with any sources. NBC says Russert testified that he first learned of Plame Wilson’s identity when he read Robert Novak’s column exposing her as a CIA official (see July 14, 2003). It acknowledges that Russert only testified after choosing not to wage a court battle over his subpoena to testify in the investigation (see May 21, 2004). [NBC News, 8/9/2004 ]
US District Court Judge Thomas Hogan, presiding over the grand jury investigation of the Valerie Plame Wilson identity leak (see December 30, 2003), rejects arguments that the First Amendment protects reporters from either Time or NBC News from testifying in the investigation. Hogan cites the 1972 Supreme Court case, Branzberg v. Hayes, in his ruling. In Branzberg, the Court ruled that “we cannot accept the argument that the public interest in possible future news about crime… must take precedence over the public interest in pursuing and prosecuting those crimes.” Hogan finds Time reporter Matthew Cooper (see May 21, 2004) in contempt of court. He also finds Time itself in contempt, and fines the magazine $1,000 a day until Cooper complies with a subpoena for his testimony. The ruling was written on July 20, but only issued today. “The information requested,” Hogan explains in his decision, “is very limited, all available means of obtaining the information have been exhausted, the testimony sought is necessary for completion of the investigation, and the testimony sought is expected to constitute direct evidence of innocence or guilt.” Cooper’s employer, Time magazine, will appeal Hogan’s ruling, but many believe the appeals court will not overturn it. “I think we’re going to have a head-on confrontation here,” says Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. “I think Matt Cooper is going to jail.” Cooper’s lawyer Floyd Abrams says: “[Cooper’s] story was essentially critical of the administration for leaking information designed to focus the public away from what Ambassador [Joseph] Wilson [Plame Wilson’s husband] was saying was true and toward personal things. That sort of story, about potential government misuse of power, is precisely the sort of thing that is impossible to do without the benefit of confidential sources.” [New York Times, 8/10/2004; Washington Post, 8/10/2004; Washington Post, 7/3/2007] NBC reporter Tim Russert, also subpoenaed, did not contest the subpoena; the press learns today that he has already testified before the grand jury (see August 7, 2004 and August 9, 2004). Observers believe that prosecutor Patrick Fitzgerald is preparing to use Hogan’s ruling to compel the testimony of two other reporters, Robert Novak (see July 14, 2003) and Walter Pincus (see August 9, 2004). One defense lawyer involved in the case says Hogan’s ruling gives Fitzgerald significant leverage to compel testimony from Novak and Pincus. “This is now open season on these reporters,” he says. The court’s ruling establishes unequivocally that “in a grand jury context, reporters don’t have a privilege.” NBC News president Neal Shapiro says, “Compelling reporters to reveal their newsgathering to government investigators is, in our view, contrary to the First Amendment’s guarantee of a free press.” Dalglish says Fitzgerald should be focusing on prying information from Bush administration officials rather than reporters. Referring to administration officials, Dalglish says, “You just can’t tell me none of the people appearing before the grand jury knows who the leaker was.” [Washington Post, 8/10/2004]
Entity Tags: Neal Shapiro, Joseph C. Wilson, Floyd Abrams, Bush administration (43), Lucy Dalglish, NBC News, Time magazine, Matthew Cooper, Walter Pincus, Tim Russert, Robert Novak, Valerie Plame Wilson, Patrick J. Fitzgerald, Thomas Hogan
Timeline Tags: Niger Uranium and Plame Outing
Washington Post reporter Walter Pincus is subpoenaed by the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Pincus has written that a Post reporter received information about Plame Wilson from a Bush administration official. The Post says it intends to fight the subpoena (see August 20, 2004). [New York Times, 8/10/2004; Washington Post, 8/10/2004] Pincus later reflects that he had dodged attempts by the FBI to interview him about Plame Wilson, and believed that the Bush official who had informed him of her identity had not broken any laws. “I thought it was damage control,” he will later say. “My source had been trying to get me to stop writing about Joe Wilson [Plame Wilson’s husband]. I believed that the Democrats were too wound up thinking that a crime had been committed.” [Vanity Fair, 4/2006]
The grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see December 30, 2003) subpoenas New York Times reporter Judith Miller to testify. The Times says it will fight the subpoena. [US District Court for the District of Columbia, 8/12/2004 ; Washington Post, 7/3/2007]
Unusual Negotiations between Lawyers - The subpoena will open a lengthy and sometimes puzzling set of negotiations between lawyers for Miller and her source, White House aide Lewis “Scooter” Libby. Miller refuses to divulge the identity of her source or the contents of their conversations (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). But she sends her lawyer, Floyd Abrams, to talk to Libby’s lawyer, Joseph Tate, to see if Libby will approve of her testimony. According to Abrams and others involved in the negotiations, Tate initially tells Abrams that Miller is free to testify. However, Abrams will say, Tate says that Libby never told Miller the name or the undercover status of Plame Wilson. This raises a conflict for Miller: her notes clearly indicate that she was told three times about Plame Wilson’s identity. If she testifies, she will contradict Libby’s own accounts of their conversations.
Libby Attempting to Influence Miller? - Miller decides that Libby is sending her a signal not to testify. She will later recalls Abrams’s recounting of his conversation with Tate: “He was pressing about what you would say. When I wouldn’t give him an assurance that you would exonerate Libby, if you were to cooperate, he then immediately gave me this, ‘Don’t go there, or, we don’t want you there.’” Abrams himself will recall: “On more than one occasion, Mr. Tate asked me for a recitation of what Ms. Miller would say. I did not provide one.” (Tate will angrily dispute both Abrams’s and Miller’s recollections, saying: “I never once suggested that she should not testify. It was just the opposite. I told Mr. Abrams that the waiver was voluntary.… ‘Don’t go there’ or ‘We don’t want you there’ is not something I said, would say, or ever implied or suggested.”) Miller’s executive editor, Bill Keller, will later say that Miller believed Libby feared her testimony. “Judy believed Libby was afraid of her testimony,” he will recall. “She thought Libby had reason to be afraid of her testimony.” Because of these reasons, Miller will decide not to further pursue the idea of a waiver from Libby that would allow her to testify about their conversations. For over a year, the two sides do not speak to one another. “I interpreted the silence as, ‘Don’t testify,’” Miller will later say. Tate will counter that he never understood why Miller or Abrams wanted to discuss the matter further. [New York Times, 10/16/2005]
McClellan: Fighting to Protect Partisan Government Leakers - In 2008, one-time White House press secretary Scott McClellan will write of Miller and fellow journalist Matthew Cooper, also battling a subpoena (see August 9, 2004): “Of course, there was a curious twist to the defense used by Cooper and Miller. By refusing to divulge the names of their sources in the leak case, the two reporters were not protecting courageous whistle-blowers revealing government wrongdoing in the public interest. Rather, they were shielding government officials whom administration critics believed had used leaks as weapons of partisan warfare. It was hard for some in the public, and especially those critical of the administration, to see this as an act of journalism.… This episode… seemed to confirm for at least some administration critics that reporters were no longer heroic figures, but were now participating in the same partisan warfare they created.” [McClellan, 2008, pp. 256]
Former ambassador Joseph Wilson, under fire for his 2002 findings that there was no truth to the reports that Iraq had tried to buy uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), speaks at several events arranged by his literary agent in Martha’s Vineyard, Massachusetts. He and his wife are disappointed that many invitees decline to come based on the recent smear campaign against him—his wife, Valerie Plame Wilson, will write in 2007, “[I]t suddenly struck me that we had officially become pariahs”—but some do attend Wilson’s short, impassioned presentations. At a book signing at a local library, Wilson asks the attendees if anyone knows who put the infamous “sixteen words” into President Bush’s State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). No one raises a hand. He then asks if anyone does not know the name of his wife. Again, no hands. Wilson asks: “What’s wrong with this picture? Nobody knows who put a lie in the president’s mouth, yet everybody knows the name of a covert CIA officer simply because she is married to a man who had the temerity to challenge the administration.” [Wilson, 2007, pp. 196-199]
Representative Heather Wilson (R-NM) writes a letter to US Attorney David Iglesias complaining about what she considers to be evidence of possible voter fraud in her district. She reports that an unusually large number of mailings from her office to newly registered voters are being returned as undeliverable. She asks Iglesias to “investigate whether these voter registrations were lawful and whether any organizations or groups are intentionally causing false voter registration forms to be filed with the county clerk.” Iglesias will not respond to Wilson’s letter until October 29, 2004, just days before the November elections, and will inform Wilson that he is referring her complaint to the FBI “for their review and possible action. The FBI will determine whether a federal investigation may be warranted.” Wilson will forward Iglesias’s response to her chief of staff with the handwritten comment: “What a waste of time. Nobody home at US Attorney’s Office.” Wilson will later state that she faults Iglesias for not pursuing her complaint in a timely manner. It is unclear whether she is aware of Iglesias’s Election Fraud Task Force, formed in September 2004 (see September 7 - October 6, 2004). The FBI will find that the undeliverable mailings referred to in Wilson’s complaints were returned because of incomplete addresses on voter registration cards (i.e. apartment numbers left out), errors by Wilson’s office in addressing the envelopes, or because the people mailings were sent to, usually college students, had since moved. The FBI will recommend, and the task force will concur, that no further investigation of Wilson’s complaints is warranted. [US Department of Justice, Office of the Inspector General, 9/29/2008] Wilson’s letter is spurred by New Mexico Republicans’ efforts to block ACORN (the Association of Community Organizations for Reform Now) from registering new voters in largely Hispanic and poor areas. The effort is being led by Matt Henderson, an Albuquerque resident and ACORN head organizer; under Henderson’s leadership, ACORN is registering thousands of new voters, whom Republicans in New Mexico and Washington, DC, correctly fear will vote largely Democratic. ACORN and other groups are battling Republican efforts to institute strict voter ID laws, which critics say will hinder poor, minority, and elderly voters from participating in elections. In 2000, the state had gone for Democrat Al Gore by a vanishingly small margin of 366 votes; both parties believe that the 2004 presidential election will be equally close. By August 2004, ACORN and other groups have signed up some 65,000 new voters in Bernalillo County, which encompasses Albuquerque. Sheriff Darren White is the person who allegedly found voter registration errors in some 3,000 forms filed with the Bernalillo County clerk, including forms lacking Social Security numbers, complete addresses, and the like. White, the chairman of the New Mexico Bush-Cheney re-election campaign, who proudly admits to being made chair in order to deliver Bernalillo County for Bush-Cheney, calls those errors evidence of massive and systematic voter fraud. He has already written to Iglesias, on August 5, asking that Iglesias investigate the “suspect” registration forms. Wilson’s letter to Iglesias comes less than two weeks after White’s letter. [Atlas, 2010, pp. 213]
The Washington Post files a motion to quash a subpoena for reporter Walter Pincus to testify before the grand jury investigating the Plame Wilson leak (see August 9, 2004). The Post argues that the First Amendment gives reporters a privilege to protect confidential sources, so the court cannot compel Pincus to testify about any conversations he may have had with such sources. [Washington Post, 8/25/2004]
Jacob Hornberger. [Source: Institute for Historical Review]Jacob Hornberger, the president of the Future of Freedom Foundation, writes that the Pentagon has learned “when the judiciary issues an order, the Pentagon is required to obey it,” which is “why the government is now permitting Ali Saleh al-Marri to meet with his attorney as part of his habeas corpus proceeding in federal district court in South Carolina.” Al-Marri is one of three “enemy combatants” (see June 23, 2003) designated by President Bush. Until recently, the Pentagon had refused to allow al-Marri to contact his lawyers, who have been challenging his detention and enemy combatant status in the US courts, but a recent Supreme Court decision scotched that procedure (see June 28, 2004). Hornberger compares al-Marri’s treatment to that of ousted Iraqi dictator Saddam Hussein, whom Iraqi and US officials have restricted from consulting with his own lawyers in Iraq. Al-Marri, before being removed from the US judicial system, “would have been entitled to all the rights and guarantees recognized in the Constitution and Bill of Rights, including being informed of the charges against him, compulsory process of witnesses, cross-examination of adverse witnesses, assistance of counsel, and a jury trial,” Hornberger writes. “If the jury had acquitted him, as juries recently did with defendants in federal terrorism cases brought in Detroit and Boise, he would have walked away from the federal courtroom a free man. By removing al-Marri from the jurisdiction of the federal court on the eve of his trial and placing him into military custody as an ‘enemy combatant,’ the Justice Department and the Pentagon, working together, effectively hijacked our criminal justice system and sabotaged our constitutional order.” [Atlanta Inquirer, 8/21/2004; Future of Freedom Foundation, 2007]
During a pre-trial hearing for Spc. Charles Graner held at a US military tribunal in Mannheim, Germany, Judge Col. James L. Pohl orders the US government to complete three investigative reports about Abu Ghraib by September 10 for submission as evidence. If the government fails to complete the reports by October, he says he will “seriously revisit” Graner’s plea to dismiss the case. Pre-trial hearings are also being held in Mannheim for Spc. Megan Ambuhl, Staff Sgt. Ivan Frederick, and Spc. Javal Davis (see August 24, 2004) in order to establish what evidence can or cannot be submitted to the court-martial [London Times, 8/23/2004]
Javal Davis. [Source: Jana Birchum / Getty Images]During a pre-trial hearing for Sgt. Javal Davis held at a US military tribunal in Mannheim, Germany, Judge Col. James L. Pohl denies a motion by Davis’ attorney to have Rumsfeld testify. Pohl says the defense failed to link the actions of the accused with Rumsfeld’s orders and actions. [CNN, 8/24/2004] Davis will eventually be convicted and sentenced to six months in prison (see May 19, 2004-March 22, 2006).
Time reporter Matthew Cooper, facing jail time for refusing to honor a subpoena issued by the grand jury investigating the Valerie Plame Wilson CIA identity leak (see August 9, 2004), agrees to make a deposition after his source, vice-presidential chief of staff Lewis Libby, releases him from a confidentiality pledge (see August 5, 2004). [Washington Post, 7/3/2007; Washington Post, 7/3/2007] Following Cooper’s agreement to testify, contempt charges against him are dismissed. [PBS, 8/24/2004; Washington Post, 8/25/2004] Time managing editor Jim Kelly will later say: “Matt would have gone to jail if Libby didn’t waive his right to confidentiality… and we would have fought all the way to the Supreme Court. Matt has been absolutely steadfast in his desire to protect anonymous sources.” [Washington Post, 8/25/2004] In the deposition, Cooper describes a conversation he had with Libby concerning Plame Wilson’s identity. Cooper will later describe his conversation in an article for Time that will recount his deposition as well as his July 2005 grand jury testimony (see July 13, 2005). According to Cooper, the conversation with Libby was originally on the record, but “moved to background.” On the record, Libby denied that Vice President Cheney knew about, or played any role in, sending Joseph Wilson to Niger (see (February 13, 2002)). On background, Cooper asked Libby if he had heard anything about Wilson’s wife sending her husband to Niger. Libby replied, “Yeah, I’ve heard that too,” or something similar. Cooper says that Libby did not use Plame Wilson’s name. Nor did he indicate that he had learned her name from other reporters, as Libby has claimed (see March 5, 2004, March 24, 2004, and July 10 or 11, 2003). [US District Court for the District of Columbia, 9/27/2004 ; New York Times, 7/10/2005; Time, 7/17/2005] Under an agreement with special counsel Patrick Fitzgerald, Cooper is not asked about any other source besides Libby. [US District Court for the District of Columbia, 9/27/2004 ]
Special counsel Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak, files a motion with the court opposing the attempts to quash his subpoenas to reporters Judith Miller (see August 12, 2004 and After) and Walter Pincus (see 1:26 p.m. July 12, 2003 and August 9, 2004). He argues that their testimony is vital to his investigation and that his questions will be limited in scope to preserve source confidentiality whenever possible. Fitzgerald’s affidavit contains detailed information about the previous grand jury testimony of former White House press secretary Ari Fleischer (see June 10, 2004). [US District Court for the District of Columbia, 9/27/2004 ] Days after Fitzgerald files his motion, Fleischer will again be interviewed by the FBI with regards to his knowledge and actions surrounding the Plame Wilson identity leak (see September 2004).
The chief judge for the US District Court for the Northern District of California sends news articles about US Attorney for the Northern District of California Kevin Ryan (see August 2, 2002) to Associate Deputy Attorney General David Margolis. For some time, San Francisco newspapers have reported on turmoil and turnover in Ryan’s office, with several experienced prosecutors leaving, allegedly due to Ryan’s management style. The judge complains to Margolis about Ryan’s leadership style. Margolis discusses the situation with Mary Beth Buchanan, the head of the Executive Office of US Attorneys, and they decide to discuss the issue with Ryan. However, they take no immediate action. [US Department of Justice, Office of the Inspector General, 9/29/2008] Buchanan will later say: “The United States Attorney’s Office for the Northern District of California had a long history of problems. The problems in the office predated Kevin Ryan’s tenure as the United States Attorney. Shortly after Kevin Ryan became the United States Attorney, there were discussions about his management style. I don’t recall exactly when these communications came to the attention of the Executive Office. What I can tell you is that, at some point, these communications escalated, and there were letters that were sent to the deputy attorney general, there were numerous newspaper articles that appeared in the press. And after the escalation of these concerns, I meet [sic] with Kevin Ryan and his first assistant along with David Margolis in an attempt to address some of the management concerns.… I know that Kevin Ryan had a number of significant computer crime and intellectual property cases, so I think that there were certainly good things that were done in Mr. Ryan’s office.” [US House of Representatives, Committee on the Judiciary, 6/15/2007 ]
Leslie Hagen. [Source: MLive (.com)]Rumors begin swirling around the office of US Attorney Margaret Chiara of the Western District of Michigan (see November 2, 2001) that Chiara is having an untoward sexual relationship with a female Assistant US Attorney (AUSA), and as a result that AUSA is being given undue monetary awards, bonuses, and other incentives. These rumors will soon make their way to the Justice Department in Washington. The primary sources of the rumors are Joan Meyer, Chiara’s criminal chief, and her husband Lloyd Meyer, another AUSA. The AUSA in question, who will remain unnamed in a Justice Department investigation of the 2006 US Attorney purge (see December 7, 2006 and September 29, 2008) but is later identified in the press as Leslie Hagen, was hired in October 2002. She and Chiara were friends before the hiring, both having been female prosecutors, and according to Chiara, their friendship deepened once Hagen began working in the office. Both will deny having any sort of romantic or sexual liaison. Hagen is assigned to work with Joan and Lloyd Meyer in the criminal division. When she joined the staff, Hagen lived in the eastern part of the state, and had a long drive to and from work. Occasionally she stayed overnight in a basement apartment in Chiara’s house in Lansing to cut down on the commute. She obtained her own apartment in 2003, but sometimes stayed at Chiara’s house to take care of Chiara’s dog when Chiara was out of town. Chiara will confirm that Hagen is the only one of her employees to ever stay overnight at her home. Both Chiara and Hagen will confirm that they occasionally traveled together on business relating to Chiara’s position on the Native American Issues Subcommittee of the Attorney General’s Advisory Committee (AGAC). They took a vacation day during one such trip in Seattle, and Hagen has stayed at Chiara’s house in South Carolina on a few occasions. In mid-July 2004, Chiara was given her first EARS (Evaluation and Review Staff) performance evaluation, a mandated Justice Department review (see July 12-16, 2004). A First Assistant US Attorney (FAUSA) from another office headed the evaluation team. He and his team extensively interviewed almost all of Chiara’s staff. The review was generally positive, but the FAUSA will later recall hearing a vague rumor about a liaison between Chiara and an AUSA. He did not report it on his evaluation, but he may, he will later recall, have told the EARS staff in the Executive Office of US Attorneys (EOUSA) in Washington about it. Lloyd Meyer will admit to telling the rumor to the EARS team, and he will state that many AUSAs had told the EARS team the same rumor. The EARS team heard several complaints about inequitable distribution of awards and incentives, some centering on Hagen. The EARS team leader reviewed the awards and found them justified. Chiara’s FAUSA, Phillip Green, will tell Justice Department investigators that the rumors about Chiara and Hagen begin to permeate the office in the fall of 2004, and says Joan and Lloyd Meyer are primarily responsible for them. According to Green, Lloyd Meyer “went ballistic” after nominating himself for a EOUSA award and losing it—by an EOUSA decision—to Hagen. Green is certain Meyer began spreading the rumors after losing the award and telling staff members that Chiara “pulled strings” at EOUSA to make sure Hagen received the award. Hagen will say it is about this time that Meyer begins a “campaign” to drive her out of the office. Joan Meyer, Green will say, is going along with her husband, who is the primary source of the rumors, though she believes the rumors as well. When the Justice Department investigators interview Joan Meyer, she will admit to having no direct knowledge of any affair, but will cite the fact that the two drove to and from work together and she had “been noticing situations,” “putting two and two together,” “talking to people,” and the like. Joan Meyer complains to Green that Hagen had won a “huge award” of some $20,000, a complaint Green will say is entirely false. Chiara changed the bonus award process in the spring to give bonuses only to employees who received “outstanding” performance evaluations for the previous year, shutting some staff members out of the bonus process and fueling the perception among some that the bonuses were being awarded unfairly. An allegation in December 2004 that Chiara unfairly gave Hagen a time-off award fuels the rumors in the office even more; the award comes after Hagen completes an arduous trial, and her colleagues in the trial also receive time-off awards. Other rumors, such as that Chiara unfairly gives Hagen the “lion’s share” of bonus money, prove false upon Justice Department review of the office financial records. Moreover, Green, not Chiara, makes the bonus determinations. Jane Meyer confronts Chiara over the rumors of her “relationship” with Hagen in early 2005, shortly after Chiara elevates her to criminal chief. Chiara answers that she has no business asking her such questions, that it would be impossible for her to properly supervise Hagen if they were in a relationship, and the question is irrelevant to the business of the office. Chiara will say that by the middle of 2005, the Meyers have created a “reign of terror” in the office to the point where the office is a “disaster.” Lloyd Meyer is detailed to a position in the Justice Department’s Office of Legal Policy in June 2005, blaming Chiara for creating an “intolerable” climate in the office (see September 2005). In October 2005, Hagen is detailed to a position in EOUSA. The false rumors and allegations will become part of the basis for Chiara’s firing in December 2006. [Los Angeles Times, 7/29/2008; US Department of Justice, Office of the Inspector General, 9/29/2008]
Sometime during this month, former White House press secretary Ari Fleischer testifies a third time to FBI agents as part of the Justice Department’s invesigation into the Plame Wilson identity leak (see February 13, 2004 and June 10, 2004). (In his 2007 testimony in the Lewis Libby perjury trial, Fleischer will claim to have been interviewed three times: January 2004, February 2004, and September 2004. At that time, it will be unclear whether Fleischer is misremembering the dates of his interviews or if there is another reason why his dates do not jibe with the facts.) [Marcy Wheeler, 1/29/2009]
After the death of Aryan Nations leader Richard Butler (see July 2004), the organization, already deeply divided and dwindling in size and influence (see Late 2000 - 2001), splits into two rival factions. One is headed by August Kreis in Pennsylvania and the other by Jonathan Williams in Georgia. Kreis and Williams are divided in part over the issue of whether neo-Nazis can find common ground with Muslim terrorists based on their mutual hatred of Jews. In 2005, Kreis tells CNN, “And I want to instill the same jihadic feeling in our peoples’ heart, in the Aryan race, that they [jihadists] have for their father, who they call Allah.” Another Nations leader, Charles Juba, attempts to anoint organization “pastor” James Wickstrom (see 1969, 1984, and 2003) as the group’s chaplain. Wickstrom aligns himself with Juba’s breakaway faction, in what some believe is an attempt to claim leadership in Butler’s wake. Aryan Nations member Floyd Cochran, who will leave the group and renounce its racist teachings, will later say: “Jim Wickstrom has a certain stature in the racist movement—one Juba doesn’t have—and especially among the more religious, the biggest ones that are really into the Christian Identity aspect (see 1960s and After).… With the death of Richard Butler, the Christian Identity aspect of the movement is now more focused on Wickstrom.” Days after Butler’s death, Juba announced he was appointing Wickstrom “Chaplin” (sic) and said the group’s new slogan would be “No Jew left alive in 2005.” However, Wickstrom has powerful enemies within the movement, not the least because in 2003 he eloped with the wife of another Christian Identity preacher, his former friend and colleague Keith Kallstrom. In reaction, Kallstrom vowed to cut off Wickstrom’s head and place it on his mountain, and shortly thereafter was arrested after driving to Michigan from Oklahoma in a pickup truck loaded with firearms and grenades, in an apparent attempt to find and kill Wickstrom. Wickstrom never becomes a full-fledged leader of the group, and though he will continue to broadcast a weekly radio program over the Internet, he will experience a steady decline in his influence among Aryan Nations and other racist, white supremacist groups. Both Kreis’s and Williams’s factions will continue to slide into irrelevance, though Kreis will have some success recruiting members from motorcycle gangs in South Carolina. By 2010, the only remnants of the groups will be small individual cliques and their accompanying Web sites. [Southern Poverty Law Center, 12/2004; Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]
British terror suspect Binyam Mohamed (see May-September, 2001) is flown from Afghanistan (see January-September 2004) to Guantanamo. In Morocco, Mohamed confessed to a wide array of crimes to avoid torture (see July 21, 2002 -- January 2004); as he recalls, after being charged with crimes (see November 4, 2005), his captors now want him to alter his story. He will later say: “They said they were worried I would tell the court that I had only confessed through torture. They said now they needed me to say it freely. We called them the clean team, they wanted to say they had got this stuff from a clean interrogation.” He will recall one instance where he refuses to give his fingerprints; in return, he is beaten by the so-called “Emergency Reaction Force,” a much-feared assault team: “They nearly broke my back. The guy on top was twisting me one way, the guys on my legs the other. They marched me out of the cell to the fingerprint room, still cuffed. I clenched my fists behind me so they couldn’t take prints, so they tried to take them by force. The guy at my head sticks his fingers up my nose and wrenches my head back, jerking it around by the nostrils. Then he put his fingers in my eyes. It felt as if he was trying to gouge them out. Another guy was punching my ribs and another was squeezing my testicles. Finally I couldn’t take it any more. I let them take the prints.” [Daily Mail, 3/8/2009] In October 2008, all charges against Mohamed will be dropped (see October-December 2008). In late February 2009, Mohamed will be released (see February 22-24, 2009).
ACORN (the Association of Community Organizations for Reform Now) launches a campaign to register thousands of new voters in Florida, using a referendum that would raise the state’s minimum wage as a method to drum up support. One study shows that the referendum, if enacted, would raise salaries among the working poor by $443 million. A coalition driven by ACORN registers some 210,000 new voters, mostly in urban areas, before Election Day. Opponents of the referendum—mostly business leaders and Florida Republicans—fight back by mounting an ad campaign comparing the effect of the raised minimum wage to the devastation wrought by Florida’s recent hurricanes, and labeling it a “job killer.” They also level accusations of voter fraud, accusing the coalition of filing thousands of fraudulent registrations. National and state Democrats are hesitant to embrace the referendum, even though some polls show that as many as 81 percent of Floridians support it. Presidential candidate John Kerry (D-MA) rarely mentions the referendum during his campaign swings through the state. Although Kerry loses Florida and Republicans win a majority of the Congressional elections, the referendum wins in a landslide, garnering 77 percent of the votes cast and winning in every county, including the conservative counties in the Panhandle. In 2010, author John Atlas will write, “Kerry made the fatal mistake of not publicly embracing the minimum wage ballot.” [Atlas, 2010, pp. 112-114]
The US Attorney’s Office (USAO) of New Mexico, headed by David Iglesias (see October 18, 2001), announces the formation of a state and federal task force to address the issue of voter fraud in the state. Iglesias forms the task force in part because of complaints by Republican lawmakers and state party officials about what they term “rampant” voter fraud in the state that is, they say, affecting elections (see August 17, 2004), and as a response to Attorney General John Ashcroft’s stated goal to ramp up voter fraud investigations throughout the nation. “It appears that mischief is afoot and questions are lurking in the shadows,” Iglesias tells local reporters.
'Suspicious' Registration Forms - According to Nancy Scott-Finan of the Justice Department’s Office of Legal Affairs, Iglesias opens the task force after hearing from Bernalillo County Clerk Mary Herrara, a Democrat, who wanted to discuss some 3,000 “suspicious resignations” with him. He has also received a letter from Bernalillo County Sheriff Darren White, a Republican, about “thousands” of “questionable” voter registrations—the same 3,000 “suspect” forms—turned in by voter-outreach groups working primarily on behalf of Democrats. (Iglesias was invited to take part in what New Mexico Republican Party Chairman Allen Weh called “the [New Mexico Republican P]arty’s voter fraud working group” a month ago, but declined. Weh forwarded the invitation to a number of prominent New Mexico Republicans, including Senator Pete Domenici, Representative Heather Wilson—see August 17, 2004—and others. Domenici’s chief of staff Steve Bell called the issue a “critical matter.” Iglesias did not join the group, and no evidence exists that the group was actually formed.) Iglesias wants to avoid the perception of partisanship in his task force, so aside from Republicans on his task force, he asks Secretary of State Rebecca Vigil-Giron (D-NM) to join; she assigns a member of her office to serve in the organization. Officials from the New Mexico Department of Public Safety (the state’s law enforcement agency), the US Veteran’s Administration Inspector General’s Office, the FBI, and the Justice Department’s Public Integrity Section (PIN) also agree to participate. Two days after the announcement, Iglesias announces that a voter fraud hotline for the task force has been activated, and says that all allegations of fraud will be thoroughly investigated. Rumaldo Armijo, Iglesias’s executive assistant, and two other Assistant US Attorneys are assigned to the task force.
New Mexico Republicans Critical of Task Force - However, some New Mexico Republicans complain that the task force’s bipartisanship renders it useless. Mickey Barnett, a powerful state Republican, writes an email to Iglesias informing him that “[m]ost of us think a task force is a joke and unlikely to make any citizen believe our elections and voter registrations are honest.” New Mexico attorney Patrick Rogers, another prominent state Republican, says of the State Department representative that he has “includ[ed] the target on the task force.” White, the co-chair of the Bush-Cheney re-election campaign in New Mexico who will later tell reporters he was brought on by the Bush-Cheney campaign in order to help win Bernalillo County, later says he would have preferred the USAO to investigate and prosecute cases without the involvement of state agencies, and he believed Iglesias’s concerns about bipartisanship to be misguided. Vigil-Giron will also question the task force, saying: “This is just an attempt to let people know that Big Brother is watching. It may well be aimed at trying to keep people away from the polls.” Iglesias meets with the task force members several times before the November 2 elections, and reminds them that Justice Department policy forbids his office from indicting people on voter fraud charges before upcoming elections, in order to avoid the perception that the indictments are being filed to impact the elections.
Almost All Complaints Minor, No Criminal Cases Developed - Almost all of the complaints received by the task force are quite minor—complaints of yard signs being stolen, harassing phone calls, and non-criminal registration issues. These complaints are forwarded to local election officials. Several more serious complaints, including the complaints from Republican lawmakers and state officials, are forwarded to either the FBI or the Department of Public Safety. Iglesias will say that when he began the task force, he thought it would develop cases worth prosecuting, but after months of work, he found that it was unable to develop a single criminal case. The task force will stop meeting after the November elections and will conclude its efforts in January 2005, but will not officially disband until 2006, after the FBI completes the last of its investigations. The Justice Department will recognize Iglesias’s task force as an example to other offices as to how voter fraud investigations should be handled, and Iglesias will give an address to a department-sponsored symposium on voter integrity (see October 2005). [Washington Post, 9/20/2004; US House of Representatives, Committee on the Judiciary, 4/13/2007 ; US Department of Justice, Office of the Inspector General, 9/29/2008; Atlas, 2010, pp. 213-216] On September 30, Senator Jeff Bingaman (D-NM) calls the Justice Department to ask about Iglesias’s task force. He speaks with Assistant Attorney General William Moschella. He says he is concerned about voter intimidation, and says he has heard no allegations of widespread voter fraud. He also says the local FBI told him the task force “was on thin ice,” apparently meaning that it is not finding anything of consequence. [US House of Representatives, Committee on the Judiciary, 4/13/2007 ]
Iglesias Refused 'Show Trials,' Says Reporter - Investigative reporter Greg Palast will say of Iglesias’s voter fraud task force: “That’s where Iglesias drew the line in the sand. He said a press conference is one thing, which he probably shouldn’t have done, but literally handcuffing innocent voters for show trials—and then, of course, then you drop the case later—that is one thing he absolutely was not going to do.” [Democracy Now!, 5/14/2007]
Entity Tags: Jeff Bingaman, William E. Moschella, Heather A. Wilson, David C. Iglesias, Darren White, Allen Weh, US Department of Justice, Greg Palast, Steve Bell, Rebecca Vigil-Giron, Nancy Scott-Finan, Mickey Barnett, Mary Herrara, New Mexico Republican Party, Pietro V. (“Pete”) Domenici, John Ashcroft, Rumaldo Armijo, Patrick Rogers
Timeline Tags: Civil Liberties
The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). [New York Times, 9/9/2004; New York Times, 9/30/2004]
Entity Tags: Federal Election Commission, Bush administration (43), Bipartisan Campaign Reform Act of 2002, Citizens United, Clinton administration, John Kerry, Michael Moore, David Bossie, United Nations, Ellen L. Weintraub
Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections
Judge Thomas Hogan denies an appeal from New York Times reporter Judith Miller asking that a subpoena for her to testify in the Plame Wilson identity leak investigation be quashed (see August 12, 2004 and After). Hogan writes that Miller must describe any conversations she had with “a specified executive branch official.” [PBS, 9/2004; US District Court for the District of Columbia, 9/9/2004 ] Presumably, the person is former White House official Lewis Libby.
Riggs Bank is added to the list of defendants in a 9/11 lawsuit filed on behalf of 9/11 victims’ relatives (see August 15, 2002). The amended lawsuit alleges, “Riggs’ constant failure to comply with banking oversight laws resulted in funds being forwarded from high risk Saudi Embassy accounts at Riggs Bank to at least two September 11 hijackers.” [Wall Street Journal, 9/13/2004] Riggs Bank is under investigation at the time and will later plead guilty to violating banking laws (see March 29, 2005). The bank also appears to have a long standing but murky relationship with the CIA (see July 2003 and December 31, 2004).
During the presentation and discussion of the Schlesinger report (see August 24, 2004) before the House Armed Services Committee, most Republicans, including its chairman, Representative Duncan Hunter (R-CA), say the investigation shows that only a handful of US soldiers were responsible for the abuses. Democrats however, like Representative Ike Skelton (D-MO), disagree. “We must not continue to call this the work of just a few bad apples,” Skelton says. [New York Times, 9/10/2004]
On September 13, after two months of legal argument in court, the British trial begins against Kamal Bourgass and his alleged co-conspirators Mouloud Sihali, David Khalef, Sidali Feddag and Mustapha Taleb. The trial reveals the true extent of the capabilities of the so-called “ricin ring.” The same day of the raid, January 5, 2003, chemical weapons experts at the Defence Science and Technology Laboratory at Porton Down in Wiltshire had discovered in more accurate tests that the initial positive result for ricin was false: there was no ricin in the flat (see January 5, 2003). This finding was not released publicly for two years. [Independent, 4/17/2005] The trial also reveals that the results of the Porton Down test were not released to police and ministers until March 20, 2003, the day after the war in Iraq begins (see January 7, 2003). [BBC, 9/15/2005] George Smith, a scientist and senior fellow at GlobalSecurity.org, serves as an expert for some defendants in the trial and confirms that the discovery that the initial ricin finding was a “false positive” was made “well before the outbreak of the war in Iraq.” The alleged ricin plot was used by authorities, including Colin Powell, as evidence against Saddam Hussein’s regime in the build-up to war with Iraq. [Washington Post, 4/14/2005] The “poison recipes” discovered in the raid are found to have come from a website in Palo Alto, California, and are the invention of right-wing survivalist Kurt Saxon. His website sells books and CDs with bomb and poison manufacturing instructions. Journalist Duncan Campbell of the Guardian, called as an expert witness, further demonstrates that the instructions could have come from the Mujahedeen Poisons Handbook, which was written by veterans of the Afghan war and had been on the Internet since 1998. In fact, these recipes were useless in the production of weapons of mass destruction. [Guardian, 4/15/2005] The hysteria over the capabilities of ricin is also laid to rest during the trial. It is made clear that ricin is not a weapon of mass destruction and has only ever been used for one-on-one killings and attempted assassinations. Ricin was used by the Bulgarian secret service to kill dissident Georgi Markov on the streets of London in 1978. Professor Alistair Hay, a prominent authority on toxins, says Bourgass’s attempts to manufacture chemical weapons were “incredibly amateurish and unlikely to succeed.” He dismisses the allegations of suspected Algerian al-Qaeda operative Mohammed Meguerba that ricin would be smeared on door handles. To reliably kill, ricin has to be directly injected; swallowing ricin could kill, but is a thousand times less effective, while touching ricin is even less likely to kill. Hay’s testimony leads to the prosecution dropping Meguerba’s claims. They then suggest that Bourgass planned to smear ricin on toothbrushes, and put them back on a shop’s shelves. Professor Hay tells The Independent that this was a highly ineffective method. “The claims made before the trial about this major ricin plot were very, very questionable,” he says. [Independent, 4/17/2005]
Entity Tags: Duncan Campbell, Sidali Feddag, Defence Science and Technology Laboratory, Alistair Hay, David Khalef, Mouloud Sihali, Mustapha Taleb, Maxwell Hutchkinson, Globalsecurity.org, Kamal Bourgass, Mohammed Meguerba, Kurt Saxon, George Smith
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
Columnist Robert Novak, who publicly outed CIA official Valerie Plame Wilson over a year ago (see July 14, 2003), testifies for a third time to FBI agents conducting an investigation into the Plame Wilson identity leak. Novak has already testified to the FBI concerning his sources for the information on Plame Wilson’s CIA status (see October 7, 2003 and February 5, 2004). According to an affidavit subsequently filed by special counsel Patrick Fitzgerald, Novak is testifying to clarify and add information to his earlier testimony regarding his conversations about Plame Wilson with Deputy Secretary of State Richard Armitage (see October 1, 2003). [US District Court for the District of Columbia, 9/27/2004 ]
Jonathan Idema (far right) and his colleagues interrogating an Afghan. [Source: Columbia Journalism Review]Four Afghans and three Americans, Jonathan Idema, Brent Bennett, and Edward Caraballo, are convicted of running a private jail in Kabul and torturing Afghans. The Afghans are sentenced to between one and five years in prison; Idema and Bennett to 10 years; and Caraballo to eight years. They were arrested in Kabul in July on charges of kidnapping, torture, and illegal entry into Afghanistan. The US government calls Idema a bounty hunter, and the Pentagon denies any ties with the Americans. But Idema says his work was approved by Afghan and US authorities. He also tells the court the FBI is setting him up. During the trial, however, Idema fails to prove that his actions were authorized by the US authorities. An unnamed US agency gave him a passport, he alleges, and a visa similar to those furnished to US Special Forces. He also claims, “while we were not in the United States army, we were working for the United States army.” He says he had hundreds of videos, photos, and documents that could prove his claims—but they were confiscated by the FBI following his arrest. In their defense, lawyer Robert Fogelnest shows a video of the Americans suggesting they have received an official welcome in Afghanistan. In the footage, they are officially greeted by Afghan officials upon arrival in Afghanistan. One of the officials present was the Kabul police chief. [BBC, 9/15/2004]
Alvin Hellerstein. [Source: Associated Press]In 2003, after reports began to surface that some detainees in US custody had been abused, the American Civil Liberties Union (ACLU) filed a Freedom of Information Act request seeking records about the treatment of all detainees caught since 9/11 and held in US custody overseas. The ACLU eventually filed a lawsuit to get the records, and on September 15, 2004, judge Alvin Hellerstein orders the CIA and other government agencies to “produce or identify” all relevant documents by October 15, 2004. [FindLaw, 12/14/2007] Hellerstein also rules that classified documents must be identified in a written log and the log must be submitted to him for review. In December 2004, the CIA and other agencies make public a huge amount of information but fail to inform the judge about the videotapes and other classified information (see December 21, 2004). Since that time, the case remains delayed with stays, extensions, and appeals. In December 2005, the CIA will destroy videotapes of the interrogations of at least two high-ranking al-Qaeda detainees (see November 2005). After the destruction of the videotapes is publicly revealed in December 2007, the New York Times will comment on the ACLU case, “Some legal experts [say] that the CIA would have great difficulty defending what seemed to be a decision not to identify the tapes to the judge, and the subsequent decision to destroy the tapes.” [New York Times, 12/13/2007] Legal analyst John Dean will later comment, “It is difficult to see why the CIA is, in fact, not in contempt, given the nature of the [ACLU] request and the judge’s order.” He will suggest that the case may represent the best chance to find out why and how the CIA destroyed the videotapes. [FindLaw, 12/14/2007]
The Government Accountability Office (GAO) issues a report on the Pentagon’s “stop-loss” program (see November 2002). The GAO report says that the Pentagon’s “implementation of a key mobilization authority to involuntarily call up reserve component members and personnel policies greatly affects the numbers of reserve members available to fill requirements.” [PBS, 9/17/2004] Over 335,000 Guardsmen and Army reservists have been “involuntarily called to active duty since September 11, 2001,” the report finds, with no sign that such involuntary deployments will decrease any time soon. The GAO finds that such widespread forcible deployments were done with little consideration of the costs to the reservists and Guard personnel in their private lives—damage to jobs, families, and other aspects—as well as the negative impact such involuntary deployments are having on the military’s ability to recruit new personnel for Guard and reserve berths. [Government Accountability Office, 9/15/2004]
Washington Post reporter Walter Pincus testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003 and August 9, 2004). Pincus refuses to divulge confidential sources, and refuses to divulge the name of the White House official who told him of Plame Wilson’s identity as a CIA agent. He does, however, recount the substance of that conversation. [Associated Press, 9/17/2004; New York Times, 2006] In his deposition, Pincus says he agreed to be questioned by prosecutors only with his source’s approval. “I understand that my source has already spoken to the special prosecutor about our conversation on July 12, and that the special prosecutor has dropped his demand that I reveal my source,” Pincus says. “Even so, I will not testify about his or her identity.” [Washington Post, 9/16/2004; Associated Press, 9/17/2004] “The source has not discharged us from the confidentiality pledge,” says the Post’s executive editor, Leonard Downie Jr. [Washington Post, 9/16/2004] Pincus will later describe why he agreed to testify instead of go to jail to protect his sources. “I believed firmly that the sources controlled the privilege,” he will say. One of his sources had told Pincus, through lawyers, that since he had revealed his own identity, Pincus could testify but not name him publicly. Pincus will later say, “If their identity was known to [special prosecutor] Patrick Fitzgerald, what confidence was I breaking?” He agreed to testify if he could name his source in court, but protect the source’s identity publicly. Fellow reporter Lowell Bergman will later call it “a cute deal.” When Newsweek senior editor Jonathan Alter asks Bergman, “Can’t you make an argument that this was the pragmatic tactic to take?” Bergman will respond, “It is until you are the next reporter subpoenaed and you have no protection.” [Vanity Fair, 4/2006] Pincus’s source will later be revealed as former White House press secretary Ari Fleischer (see 1:26 p.m. July 12, 2003).
US Attorney David Iglesias of New Mexico arranges for lawyer Patrick Rogers, a prominent Republican in the state, to meet with an FBI supervisory special agent assigned to work with Iglesias’s voter fraud task force (see September 7 - October 6, 2004).
Citation of 'Fraudulent' Registration - Rogers complains that large number of voter registration forms in the state are fraudulent and must be investigated. He cites the case of 13-year-old Kevin Stout, who received a voter registration card in the mail and apparently completed it. Police soon discovered that the card was the result of a forged voter registration form apparently filled out by Christine Gonzales, a former canvasser for the Association of Community Organizations for Reform Now (ACORN) who was being paid on a per-registration basis; that organization had identified Gonzales three months earlier, fired her, and reported her to the authorities. (Stout’s father is Republican activist Glen Stout, who contacted New Mexico Republicans before contacting law enforcement.) A federal judge refused Republican efforts to change the state registration laws in response to the ACORN issue, and as a result hundreds of presumably Democratic voters registered by ACORN retained their registrations. New Mexico Republicans are furious. Citing the Stout case, state Representative Joe Thompson (R-NM), who was one of the Republicans contacted by Glen Stout, displays Kevin Stout’s registration form to reporters and proclaims, “We have proof” of massive and systematic voter fraud in New Mexico. He announces a lawsuit he and Glen Stout will file against New Mexico’s Democratic Secretary of State, Rebecca Vigil-Giron. Rogers brings the Stout issue to Iglesias’s attention. Rogers’s colleague, lawyer and Republican activist Mickey Barnett, will later say that he and other Republicans hired a private investigator to identify and locate Gonzales, but the private investigator failed to find her.
Republicans Demand More Information on Voters before Elections - Four days later, Rogers tells Iglesias and Rumaldo Armijo, Iglesias’s executive assistant, in an email that because New Mexico Democrats are casting doubt on the validity of his voter-fraud claims, he wants to “dig up all past info” and asks if there is “any easy way to access the public info related to voter fraud from the [US Attorney’s Office] (public) files? Asap? Before Nov 2?” Rogers is referring to the date of the upcoming state and federal elections. (Barnett also sends emails demanding that Iglesias investigate the canvasser, whose identity he does not know.) Iglesias promises to look into Rogers’s request and “let you know what is publicly available.” Iglesias soon finds a case prosecuted in the early 1990s and provides Rogers with the public information about that case.
No Prosecutable Cases; Republicans Outraged - The FBI will later identify and interview Gonzales. Both Iglesias’s office and the Justice Department will find that there is insufficient evidence of criminal behavior in the matter to warrant her prosecution. Iglesias will later say that this case is the strongest one to come out of the entire task force’s proceedings, and even it does not meet the standard for criminal prosecution. New Mexico Republicans are frustrated, having intended to use the Gonzales case to further the Thompson/Stout lawsuit. Barnett complains that Iglesias “appoint[ed] a task force to investigate voter fraud instead of bringing charges against suspects.” Matt Henderson, ACORN’s lead organizer for New Mexico, tells reporters that the lawsuit is “no different from what was going on in the civil rights movement of the 1960s. This is about a set of people trying to stop another set of people from voting.” [US Department of Justice, Office of the Inspector General, 9/29/2008; Atlas, 2010, pp. 214-216]
Allegations Collapse under Scrutiny - Even before Iglesias begins his investigation, the allegations of voter fraud had begun to unravel. Several voters admitted accidentally filling out two registration forms. A large majority of the 3,000 “suspect” forms, upon examination, actually showed legitimate attempts by citizens to register to vote. On September 7, a district judge dismissed the suit against Vigil-Giron. ACORN member Yolanda Pena told the press of attempts to make false claims of voter fraud, and showed the press a copy of Kevin Stout’s registration card—it appeared to have been filled out by a child, not an ACORN worker, and seemed to have been done as a prank and not as an attempt to fraudulently register a young boy. “Instead of taking responsibility for this boy’s prank,” Pena told reporters, “the Republicans used it to try to ram a lawsuit through the courts that would have made it harder for minority voters to vote.… We are delighted that [the Republicans] lost in court. Their dirty tricks are racist and un-American.” Another ACORN representative tells reporters that he cannot understand why Gonzales’s name is on Kevin Stout’s registration form, as he had already fired Gonzales for altering other canvassers’ cards to falsely claim credit for having voters fill them out. Gonzales could not have helped Stout fill out his card or filled it out on his behalf.
Lawsuit in Response - New Mexico Republicans were enraged at the suit’s dismissal and the ACORN press conferences, and attempted to file a criminal suit against Henderson, alleging that he had broken the law by keeping photocopies of submitted registration forms. (In 2000, Henderson and ACORN chapters in New Mexico had indeed kept such photocopies. At the time, that was a legal practice. Since then, the law has been changed and ACORN, like other voter-registration groups, has ceased keeping those forms. Rogers will also insist that Iglesias file felony charges against Gonzales.) New Mexico Republicans will demand that Iglesias aggressively investigate Henderson and ACORN, charging Henderson with “perjury” and “suspect” practices (see September 23 - October 2004). Iglesias will later say of Gonzales, “It appeared that she was just doing it for the money.” [Atlas, 2010, pp. 215-216]
'Gin Up Voter Fraud Publicity' - In 2008, Iglesias will tell reporters that even though he found no evidence of voter fraud, he was ordered by the White House to, the reporters will write, “illegally prosecute baseless cases against innocent citizens, just to gin up voter fraud publicity.” Iglesias will say, “We took over 100 complaints” from New Mexico Republicans. “We investigated for almost two years, I didn’t find one prosecutable voter fraud case in the entire state of New Mexico.” Iglesias will blame his refusal to prosecute those cases for his 2006 firing (see December 7, 2006). “They were looking for politicized—for improperly politicized US Attorneys to file bogus voter fraud cases,” he will say. [Huffington Post, 10/28/2008]
Entity Tags: Joe Thompson, David C. Iglesias, Christine Gonzales, Association of Community Organizations for Reform Now, Glen Stout, Federal Bureau of Investigation, Yolanda Pena, Rumaldo Armijo, Patrick Rogers, US Department of Justice, Matt Henderson, Kevin Stout, Mickey Barnett, Rebecca Vigil-Giron
Timeline Tags: Civil Liberties
Omer Marmari. [Source: Public domain via Israeli TV]Four of the five Israelis arrested on 9/11 (see 3:56 p.m. September 11, 2001), Paul and Sivan Kurzberg, Omer Marmari, and Yaron Shmuel, file a multimillion dollar lawsuit against the US Justice Department. They claim they were arrested illegally, then held without charge and interrogated and tortured for months. Their lawyer claims the case will serve as a venue to debunk theories that Israel was behind the 9/11 attacks. [Ha'aretz, 9/16/2004; Jerusalem Post, 9/16/2004] Forward, a publication geared towards the Jewish population in the US, reported in 2002 that the FBI concluded at least two of the five were Mossad agents and that all were on a Mossad surveillance mission. [Forward, 3/15/2002] As of early 2011, there have been no further media reports about this lawsuit.
Deputy Secretary of State Richard Armitage testifies for a second time before the grand jury investigating the Plame Wilson identity leak. Armitage has testified to the grand jury before, but information on that testimony will be redacted from publicly available court documents. Armitage was interviewed by FBI agents almost a year before today’s grand jury appearance (see October 1, 2003 and October 2, 2003). In today’s appearance, Armitage denies discussing Valerie Plame Wilson with any reporter other than columnist Robert Novak (see July 14, 2003 and September 14, 2004). [US District Court for the District of Columbia, 9/27/2004 ] Armitage is lying; he informed Washington Post reporter Bob Woodward of Plame Wilson’s identity in June 2003 (see June 13, 2003).
New Mexico Republicans hammer US Attorney David Iglesias (see October 18, 2001) with demands to investigate what they perceive to be a blizzard of voter fraud cases. Iglesias has just established an election fraud task force to look into such allegations (see September 7 - October 6, 2004). On September 23, the executive director of the New Mexico Republican Party, Greg Graves, asks Iglesias to investigate the alleged theft of Republican voter registration forms from the office of a voter registration organization. On September 29, prominent New Mexico Republican Patrick Rogers sends an email to Iglesias and over 20 people associated with the New Mexico Republican Party, including staff members for Senator Pete Domenici (R-NM), Representative Heather Wilson (R-NM—see August 17, 2004), and state party chairman Allen Weh. Rogers calls for Republicans on the state and federal levels to use “voter fraud” as what he calls a “wedge issue” to influence the upcoming elections. Rogers writes in part: “I believe the [voter] ID issue should be used (now) at all levels—federal, state legislative races and Heather [Wilson]‘s race.… You are not going to find a better wedge issue.… I’ve got to believe the [voter] ID issue would do Heather more good than another ad talking about how much federal taxpayer money she has put into the (state) education system and social security.… This is the single best wedge issue, ever in NM. We will not have this opportunity again.” Referring to previous complaints he has registered with Iglesias’s office about alleged voter fraud perpetrated by an Association of Community Organizations for Reform Now (ACORN) worker (see September 15-19, 2004), Rogers writes: “Today, we expect to file a new Public Records lawsuit, by 3 Republican legislators, demanding the Bernalillo county clerk locate and produce (before Oct 15) ALL of the registrations signed by the ACORN employee.” On September 24, Weh sends Iglesias and a number of Republican figures an email about voter fraud allegations that says in part: “We are still waiting for US Attorney Iglesisas [sic] to do what his office needs to do to hold people accountable, and have informed him that doing it after the election is too late. I have copied him on this email for his info.” He sends an email to Iglesias that reads in part, “Vote fraud issues are intensifing [sic], and we are looking for you to lead.” On October 21, Graves sends Iglesias a copy of a complaint to the Bernalillo County Clerk asking that the Republican Party be allowed to inspect ACORN voter registration cards allegedly found during a drug raid. Weh continues to send emails to Iglesias about pursuing voter fraud allegations throughout the month of October, reminding him in one email, “The game clock is running!” [US Department of Justice, Office of the Inspector General, 9/29/2008] In 2008, Iglesias will write that he investigated each allegation, and, with the concurrence of the FBI and the Justice Department, found no prosecutable charges. “Being close doesn’t count in prosecutions where the government has to prove its case beyond a reasonable doubt,” he will write. “The facts did not support what the law required.” However, he will write, it is easy for partisan Republicans to conclude that he is unwilling to aggressively pursue voter fraud cases. It is not long, he will write, before he begins hearing “the rumblings of a whispering campaign among Republican operatives giving voice to their discontent.” [Iglesias and Seay, 5/2008, pp. 87] In 2007, investigative reporter Greg Palast will explain how the process worked. He will say that Republican operatives gave Iglesias and his office “110 names. They wanted them, for example, to arrest some guy named, say, roughly, if I remember, like Juan Gonzalez, and say he voted twice, stealing someone’s ID. Well, in New Mexico there may be two guys named Juan Gonzalez. So Iglesias just thought this was absolute junk, absolute junk stuff, and he wouldn’t do it. So it’s all about trying to create a hysteria about fraudulent voting.” [Democracy Now!, 5/14/2007]
The conservative lobbying and advocacy group Citizens United (CU) releases a documentary intended as a refutation of the popular documentary, Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The CU film is entitled Celsius 41.11—The Temperature at Which the Brain Begins to Die. CU spent six weeks making the film, and is releasing it in small venues around the nation after the Federal Election Commission (FEC) denied the organization permission to broadcast it on television (see September 8, 2004). (In August, the FEC dismissed a complaint against Moore over Fahrenheit 9/11 filed by CU—see August 6, 2004.) The slogan for the movie is “The Truth Behind the Lies of Fahrenheit 9/11!” The movie was written and produced by Lionel Chetwynd, who has written and produced a number of Hollywood feature films and documentaries. Chetwynd, a vocal conservative, produced the September 2003 “docudrama” 9/11: Time of Crisis, which portrayed President Bush as a near-action hero during and after the 9/11 attacks, and took significant liberties with the actual events (see September 7, 2003). Of this film, Chetwynd says: “We could have gone wall to wall with red meat on this, but we purposely didn’t. The cheap shots may be entertaining in Moore’s film, but we wanted to make the intellectual case and go beyond lecturing to the converted.” New York Times reporter John Tierney describes the movie as overtly intellectual, sometimes appearing more as a PowerPoint presentation than a film made to appeal to a wider audience. It features a point-by-point defense of Bush’s actions during the 9/11 attacks, and features “politicians, journalists, and scholars discoursing on the legality of the Florida recount in 2000, the Clinton administration’s record on fighting terrorism, and the theory of American exceptionalism.” There are a few “red meat” moments, Tierney notes, including the juxtaposition of the Twin Towers burning as Moore says in a voiceover, “There is no terrorist threat.” It also includes a few slaps against Democratic presidential candidate John Kerry (D-MA), mostly in the form of a country song where the singer Larry Gatlin sings, “John boy, please tell us which way the wind’s blowing,” a reference to the Bush campaign’s attempt to portray Kerry as a “flip-flopper” who goes back and forth in his views on various issues. The Georgetown premiere of the movie attracts some 300 viewers, almost all Republicans, according to Tierney. The audience, according to Tierney, views the film as more “thoughtful and accurate” than Moore’s film, and unlikely to make anywhere near the profits the earlier film garnered. Chetwynd says he resisted the temptation to launch an all-out assault on Kerry “the way that Moore did with Bush.” Filmgoer Jerome Corsi, who has written a bestselling book attacking Kerry’s Vietnam record, praises the film, as does Debra Burlingame, whose brother was the pilot of the airplane that was flown into the Pentagon on the morning of September 11, 2001 (see 8:51 a.m.-8:54 a.m. September 11, 2001). Burlingame, a founder of a group of 9/11 victim relatives that supports Bush, says: “Michael Moore actually used footage of the Pentagon in flames as a sight gag. It was really hard to sit there in the theater listening to people laugh at that scene knowing my brother was on that plane. I wish more people would see this film instead.” [New York Times, 9/30/2004] In October, the Washington Post’s Philip Kennicott will dismiss the film as “generat[ing] heat but no new light,” calling it “sad in a sad sort of way… dull, lazy, and inconsistent,” and suffused with an “unabashed idolatry of the Great Leader (in this case, George W. Bush)” in the same way that Nazi propagandist Leni Riefenstahl made her documentaries (he wonders, “Has the conservative worldview really been reduced to a slavish worship of authority?”). Kennicott will ask if the film is an attempt to refute Moore’s documentary or an “overlong attack ad on John Kerry,” and concludes that the film is little more than a combination of “dreadful political advertisements and dreadful political talk shows.” [Washington Post, 10/22/2004] TV Guide’s Maitland McDonagh will call the film a “shrill, repetitive screed” obviously released just in time to influence the 2004 presidential election, and bearing “all the hallmarks of having been thrown together in a heated rush.” [TV Guide, 10/2004]
Entity Tags: Jerome Corsi, Debra Burlingame, Clinton administration, Citizens United, Bush administration (43), George W. Bush, Philip Kennicott, Lionel Chetwynd, Federal Election Commission, Larry Gatlin, Leni Riefenstahl, John Tierney (New York Times), Maitland McDonagh, John Kerry, Michael Moore
Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections
Leading radical cleric Abu Hamza al-Masri performs a property transaction while in prison awaiting trial on terrorism charges (see May 27, 2004). This is despite the fact that Abu Hamza, an informer for the British security services (see Early 1997), had his assets frozen by the British government in April 2002 (see April 2002). First, Abu Hamza sells a flat in Hammersmith, London, for £228,000 (about US$410,000). He had purchased the flat from the local government for £100,000 in 1999 under legislation allowing council tenants to buy property. He then uses the money to purchase a semi-detached house for £220,000 in another part of London. At this time, Abu Hamza is using government money to pay for the costs of his legal defense, estimated to be already over £250,000 (about US$450,000), under the legal aid scheme, which provides funding to people thought to be too poor to be able to afford proper legal representation. The transaction is uncovered by investigators working for the Legal Services Commission, which administers legal aid. Conservative Party homeland security spokesman Patrick Mercer says, “This is outrageous and makes an utter mockery of how the chancellor [Gordon Brown] has slipped up in dealing with terrorist financing.” [O'Neill and McGrory, 2006, pp. 74; Times (London), 10/12/2006]
Alarmed by several attempts by Vice President Cheney’s office to place the independent Judge Advocate General (JAG) corps of military lawyers under the control of the military branches’ general counsels—all of whom are political appointees—a group of retired JAG officers asks the Senate Armed Forces Committee to intervene. Cheney has tried off and on for years to place the JAGs under political control (see June 1991-March 1992), but has pushed harder in the past year because of his belief that, as military law expert Scott Silliman will later explain, “the political appointees will not contest what the president wants to do [with detainees captured and held without trial or legal representation], whereas the uniformed lawyers… are going to push back.” The JAGs find an advocate in Senator Lindsey Graham (R-SC), himself a former JAG officer, who quickly pushes a new law through Congress forbidding Defense Department employees, including general counsels, from interfering with the ability of JAG officers to “give independent legal advice” directly to military leaders. The law also rescinds an effort by the Air Force to place its senior JAG officer under its general counsel. President Bush signs the law into effect, but issues a signing statement saying that the legal opinions reached by his political appointees will still “bind all civilian and military attorneys within the Department of Defense.” [Savage, 2007, pp. 286-289]
The Supreme Court declines without comment to hear an appeal by “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and June 23, 2003). Al-Marri has filed a civil suit, Al-Marri v. Rumsfeld, challenging his detention and his status as an enemy combatant. Previously, courts ruled that al-Marri’s lawyers should have filed the suit in South Carolina, where al-Marri is being held in a Charleston naval brig, not in Illinois, where al-Marri was attending college. The Supreme Court refused to overturn that decision. Al-Marri’s lawyers intend to refile the suit in South Carolina (see August 8, 2005). [Al-Marri v. Rumsfeld, 6/2004; Associated Press, 10/4/2004; Slate, 4/20/2006]
Six US soldiers are charged with manslaughter in the killing of Iraqi prisoners. Two soldiers, First Lieutenant Jack Saville and Sergeant First Class Tracy Perkins, are charged with forcing an Iraqi man, Zaidoun Fadel Hassoun, and Hassoun’s cousin to leap from a bridge into the Tigris River near Samarra. Hassoun drowned. Another prisoner death is also being investigated (see January 9, 2004), and may result in further charges against the six. [Colorado Springs Gazette, 10/5/2004]
Four US soldiers are charged with murdering an Iraqi major general in their custody. Almost a year ago, Major General Abed Hamed Mowhoush died during an interrogation at a base near Qaim, in western Iraq. Mowhoush was smothered to death (see November 26, 2003). The four soldiers are Chief Warrant Officers Jefferson L. Williams and Lewis E. Welshofer, Jr., Sergeant First Class William J. Sommer, and Specialist Jerry L. Loper. All are charged with murder and dereliction of duty. Williams, Welshofer, and Sommer were members of the 66th Military Company, a unit of the 3rd Armored Cavalry Regiment. Loper was a member of the regiment’s Support Squadron, and assigned to helicopter maintenance. Only Welshofer has training in interrogation practices. Mowhoush, allegedly a high-ranking member of the anti-American insurgency, surrendered to US forces two weeks before his death. The Pentagon initially reported his death as due to “natural causes,” but now admits Mowhoush was tortured to death. “General Mowhoush was allegedly placed in a sleeping bag and then bound to prevent his movement,” a Pentagon report says. “One of the warrant officers [Welshofer] reportedly sat on his chest and continued the interrogation. General Mowhoush was then rolled over, and the warrant officer sat on his back.” Mowhoush died in that position. A medical examination proved that he had died of asphyxiation. Other documents later show that Mowhoush had a bag pulled over his head, the bag was wrapped tightly with electrical cords, and he was beaten and kicked by a crowd of interrogators and officials (see January 19, 2006). Regiment commander Colonel David Teeples says of the charges, “There is no evidence, there is no proof.” Much of the evidence presented in the case is classified and may not ever be made public. “If there are witnesses or documents that would disclose classified information, the trial is closed for those portions,” says retired Air Force Colonel Skip Morgan, a former military judge. [Colorado Springs Gazette, 10/5/2004] The murder charge against Sommer will later be dropped. Williams and Loper will make plea agreements in return for their testimony against Welshofer. [Rocky Mountain News, 1/17/2006] Welshofer will be convicted, but will not serve jail time or even be discharged from the Army (see January 24, 2006).
Anthrax attacks suspect Steven Hatfill has sued the FBI and Justice Department for violating his privacy and other charges (see August 26, 2003), but the government has been trying to stall the court case, saying it would interfere with the FBI’s anthrax investigation. Responding to the latest request for a delay, US District Court Judge Reggie Walton says the government has stalled enough already. Walton says that Hatfill has “the right to vindicate himself, so he doesn’t have this taint hanging over his head.” He tells a federal prosecutor: “If you don’t have enough information to indict this man, you can’t keep dragging him through the mud. That’s not the type of country I want to be part of. It’s wrong!” Walton is a Republican appointed to the bench by the President Bush. [MSNBC, 10/7/2004] The FBI declared Hatfill a “person of interest” in August 2002 (see August 1, 2002) and will not officially clear him of any link to the attacks until August 2008 (see June 27, 2008 and August 8, 2008).
British Guantanamo prisoner Feroz Abbasi argues during his Combatant Status Review Tribunal hearing that he should be granted POW status in accordance with the Geneva Conventions. One of the three Tribunal members, an Air Force colonel, replies: “Mr. Abbasi, your conduct is unacceptable…. I don’t care about international law. I don’t want to hear the words ‘international law’ again.” [Sunday Times (London), 11/21/2004]
Judge Thomas Hogan holds New York Times reporter Judith Miller in contempt for refusing to answer a subpoena from the grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see August 12, 2004 and After). [Washington Post, 7/3/2007; Reporters Committee for Freedom of the Press, 11/19/2009] Hogan orders Miller jailed for up to 18 months after she informs him she will not answer questions from special counsel Patrick Fitzgerald about her conversations with officials. In turn, Hogan says Miller has no special right as a reporter to defy a subpoena in a criminal investigation. Hogan rules that he is satisfied Fitzgerald has exhausted other avenues of determining key information about the Plame Wilson identity leak, and that his questioning of journalists is a last resort rather than a “fishing expedition,” as the Times has argued. “The special counsel has made a limited, deferential approach to the press in this matter,” Hogan says. He goes on to note that journalists’ promise to protect their sources is outweighed by the government’s duty to investigate a serious crime. In a 1972 decision, the Supreme Court ruled that the First Amendment does not protect reporters called before a criminal grand jury. “We have a classic confrontation between conflicting interests,” Hogan says. Miller remains free on bond while the Times appeals his decision. After the ruling, Miller tells a group of reporters: “It’s really frightening when journalists can be put in jail for doing their job effectively. This is about all journalists and about all government officials who provide information on the promise of confidentiality. Without that, they won’t come forward, and the public won’t be informed.” Times executive editor Bill Keller says he is disturbed that Bush administration officials had been asked by their superiors in this case to sign waivers of confidentiality agreements with reporters (see January 2-5, 2004). “This is going to become all the rage in corporate and government circles,” he says. “It’s really spooky.” [CBS News, 10/7/2004; Washington Post, 10/8/2004]
Accused terrorist Yaser Esam Hamdi returns to Saudi Arabia aboard a US military jet. Earlier in 2004, the US Supreme Court ruled that the US government could not continue to hold Hamdi, a US citizen, as an enemy combatant without allowing him to challenge that status (see June 28, 2004). The US government was still free to bring charges against him but instead chose to negotiate with his attorneys about a release. In exchange for his release, Hamdi agrees to renounce his US citizenship and pledge never to travel to Afghanistan, Iraq, Israel, Pakistan, Syria, the Palestinian West Bank, or Gaza. He must also report any intent to travel outside Saudi Arabia. [CNN, 10/14/2004]
'Shocking Admission' of Lack of Criminal Case against Hamdi - Andrew Cohen comments in the Los Angeles Times, “If Hamdi is such a minor threat today that he can go back to the Middle East without a trial or any other proceeding, it’s hard not to wonder whether the government has been crying wolf all these years.” He calls the release “a shocking admission from the government that there is not now, and probably never has been, a viable criminal case against Hamdi.” [Los Angeles Times, 8/16/2004]
Hamdi Case Used to Set Favorable Precedent? - Author and reporter Charlie Savage will agree with Cohen. “Hamdi’s release meant that a prisoner who the White House had once sworn was too dangerous to be allowed access to a lawyer was now going free—just like hundreds of prisoners from Guantanamo who were held without trial for years and then quietly released,” Savage will write. He will note that many administration critics believe Hamdi’s case had been used as a tool by the administration to get a favorable judicial precedent and, once that precedent had been put in place, the administration had no more use for Hamdi and threw him out of the country rather than actually continue with a problematic trial or legal proceeding. [Savage, 2007, pp. 199-200]
US News and World Report journalist Paul Bedard says that many Bush administration officials have shifted their communications from the government’s official, authorized email servers to private, less traceable Web mail servers. A recent report that some 20 million Clinton administration emails would be made public prompted at least one Bush official to tell Bedard, “I don’t want my email made public.” Instead, says another administration official, “It’s Yahoo!, baby,” referring to the Web provider Yahoo! and its free email service. [US News and World Report, 10/10/2004]
The Israeli newspaper Ha’aretz reports that at least 11 men are being held in incommunicado in a Jordanian detention center on behalf of the US. Khalid Shaikh Mohammed and Hambali are presumed to be among those detained (see June 11, 2004). [Reuters, 10/13/2004]
A New York Times editorial accuses the Plame Wilson identity leak investigation of “veer[ing] terribly off course,” and in doing so “threaten[ing] grievous harm to freedom of the press and the vital protection it provides against government misconduct.” The editorial is in response to the recent sentencing of Times reporter Judith Miller to a jail term for refusing to testify before a grand jury (see October 7, 2004). The Times writes, “The specter of reporters’ being imprisoned merely for doing their jobs is something that should worry everyone who cherishes the First Amendment and the essential role of a free press in a democracy.” The Times concludes: “Supreme Court precedent protects them from harassment and heedless prosecutorial fishing expeditions like this one. The situation points to the wisdom of state laws that recognize and protect a special relationship between journalists and their sources. Congress should follow their lead.” [New York Times, 10/14/2004]
Deputy White House chief of staff Karl Rove, President Bush’s top political adviser, testifies for a third time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). (The date of Rove’s second testimony to the grand jury is not publicly known, though Newsweek’s Michael Isikoff later says Rove testified twice in February 2004.) Rove tells the jury that he spoke with Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003), a conversation he has failed to disclose in previous testimony both before the jury and when interviewed by FBI agents (see October 8, 2003 and February 2004). Rove now says he recalls speaking with Cooper, but cannot remember details of their conversation. His lawyer, Robert Luskin, says Rove “answered fully and truthfully every one of their questions,” and did not try to avoid answering questions on legal grounds. White House press secretary Scott McClellan says that Rove’s testimony shows he is “doing his part to cooperate” in the probe. Terry McAuliffe, the chairman of the Democratic National Committee, charges that Rove and other Bush aides are refusing to tell the public everything they know about the outing of Plame Wilson as a CIA official. “Karl Rove needs to come clean and tell us what he told the grand jury today,” McAuliffe says. Luskin claims that Rove has been informed he is not a target of the inquiry. [Time, 10/15/2004; New York Times, 10/16/2004; National Journal, 4/28/2006; Newsweek, 5/8/2006]
Names Libby - Rove informs the jury that he may have learned of Plame Wilson’s identity from former White House official Lewis Libby, the chief of staff to Vice President Dick Cheney. Almost a year later, the Washington Post will learn of Rove’s naming of Libby from “a source familiar with Rove’s account.” Days before Plame Wilson’s identity was publicly revealed (see July 14, 2003), Libby and Rove discussed conversations they had had with Cooper and other, unnamed reporters. Both Plame Wilson’s CIA identity and her husband, war critic Joseph Wilson, were discussed, Rove tells the jury. He says that his conversations with Libby were confined to information the two men heard from reporters. He also says he heard about Plame Wilson’s CIA identity from “someone outside the White House,” but cannot recall that person’s identity. [Washington Post, 10/20/2005]
Claim of Memory Failure - Rove has claimed not to remember the conversation between himself and Cooper, but has recently found an e-mail he sent to Deputy National Security Adviser Stephen Hadley confirming the conversation (see After 11:07 a.m. July 11, 2003). Rove and Luskin claim that Rove only recently found the e-mail and immediately turned it over to Fitzgerald’s investigators. They claim that Rove never intended to withhold evidence from the investigation. [New York Times, 11/4/2005]
Kerry Campaign Calls for Full Disclosure from White House - Joe Lockhart, the campaign spokesman for the presidential campaign of John Kerry (D-MA), says: “With two weeks to go before the election, the American people are still in the dark about how it is that their White House leaked the name of an undercover CIA operative to the press, jeopardizing the life of this agent and possibly violating federal law. Instead of hiding behind the lawyers he so often likes to criticize, George Bush should direct Karl Rove and anyone else involved to go to the White House briefing room and come clean about their role in this insidious act.” [Salon, 10/15/2004]
Entity Tags: Scott McClellan, Terry McAuliffe, Stephen J. Hadley, Matthew Cooper, Robert Luskin, Karl C. Rove, Bush administration (43), Federal Bureau of Investigation, Lewis (“Scooter”) Libby, Joe Lockhart, George W. Bush
Timeline Tags: Niger Uranium and Plame Outing
Chad Staton of Defiance County, Ohio, is charged with filling out 124 fictitious voter registration forms, some using the names of celebrities and fictitious characters, including Michael Jackson (the pop singer), Jeffrey Dahmer (the famous serial killer), and Disney character Mary Poppins. Staton was hired by Toledo resident Georgianne Pitts to collect legitimate voter registration forms from unregistered voters. Instead, he filled the forms out himself, according to Sheriff David Westrick. Deputies also allege that Staton was paid in crack cocaine instead of in cash, after a search of his house turned up drug paraphernalia and blank voter registration forms; Westrick says Pitts admitted paying Staton in crack cocaine. Staton is charged with a felony, false registration. Pitts says she was recruited by Thaddeus Jackson, the assistant Ohio director of the NAACP National Voter Fund (NVF). Greg Moore, the executive director of the NVF, says the organization is “shocked” by the allegations and welcomes the investigation. “We believe anyone violating the law hurts the credibility of NVF and more importantly the thousands of hard-working men and women who are legally registering people to vote,” he says, adding that he hopes the allegations do not damage the reputation of other “volunteers and canvassers who have worked tirelessly to enfranchise the disenfranchised throughout the year.” Jackson says Pitts is a volunteer for the NVF, and that he knew nothing of the allegations until he was told of them by a reporter from the Toledo Blade. Westrick says his office was alerted to the problematic forms after a complaint was filed by the Defiance County Board of Elections. The handwriting on the forms was too similar, officials thought, and some of the addresses did not seem legitimate. The names were the giveaway, Westrick says. “Mary Poppins hasn’t voted here in a long time. Michael Jackson hasn’t. Those were some of the fictitious names,” he says. Within hours of Staton’s arrest, the Ohio Republican Party issues a statement claiming “the effort to steal Ohio’s election is under way, and it’s being driven exclusively by interest groups working to register Democrat voters.” The NVF has submitted over 80,000 legitimate voter registration forms. Staton’s fraudulent forms are around 0.15 percent of the total number of NVF forms submitted. The Ohio Democratic Party states that it does not condone registration fraud; a spokesperson says that of the 500,000 forms submitted for newly registered voters, “the vast, vast majority are clearly eligible voters who did the right thing.” The NVF has been accused of submitting fraudulent registration forms in the past. The Blade notes that a Republican organization, Voters Outreach of America, destroyed voter registration forms its volunteers collected from Democratic voters in Nevada and Oregon. [CNN, 10/19/2004; Toledo Blade, 10/19/2004]
Entity Tags: Ohio Republican Party, Defiance County Board of Elections, David Westrick, Chad Staton, Georgianne Pitts, Ohio Democratic Party, Greg Moore, NAACP National Voter Fund, Thaddeus Jackson, Toledo Blade, Voters Outreach of America
Timeline Tags: Civil Liberties, 2004 Elections
Fawzi Khalid Abdullah Fahad al-Odah. [Source: Cageprisoners]US District Judge Colleen Kollar-Kotelly rules on a lawsuit filed by three Kuwaiti detainees at Guantanamo: Mohammed Ahmed al-Kandari, Khalid Abdullah Mishal al-Mutairi, and Fawzi Khalid Abdullah Fahad al-Odah. She rules that detainees should be permitted to communicate with their lawyers without the government listening in on their conversations. She says the government’s attempt to wire-tap detainee-attorney communications threatens to “erode [the] bedrock principle” of attorney-client privilege. She says the government is defending its position with “a flimsy assemblage” of arguments. “The government has supplied only the most slender legal support for its argument, which cannot withstand the weight of the authority surrounding the importance of the attorney-client privilege.” [Reuters, 10/20/2004] The three Kuwaitis, Judge Kollar states, “have been detained virtually incommunicado for nearly three years without being charged with any crime. To say that their ability to investigate the circumstances surrounding their capture and detention is ‘seriously impaired’ is an understatement.” [Associated Press, 10/21/2004] She does concede, however, that lawyers for the Guantanamo detainees are required to disclose to the government any information from their client involving future threats to national security. [Reuters, 10/20/2004]
Conservative Washington Post columnist George Will claims that documented voter fraud took place in the 2002 Wisconsin gubernatorial campaign, when a Democratic candidate’s campaign attempted to buy the votes of a group of mentally challenged citizens (see October 22-31, 2002). Will cites a new book, Stealing Elections, by John Fund, as his source. For his part, Fund cites an unsigned Wall Street Journal op-ed as his source in the book. Fund served on the Wall Street Journal editorial staff in 2002, and may well have written the editorial himself. Neither Fund nor Will reveal to their readers that the voter fraud allegations were found baseless (see November 2, 2002). According to Fund’s book as quoted by Will, a local television station “filmed Democratic campaign workers handing out food and small sums of money to residents of a home for the mentally ill in Kenosha, after which the patients were shepherded into a separate room and given absentee ballots.” Fund’s description is almost entirely inaccurate, as documented by local news stories that followed the initial reporting. [Washington Post, 10/24/2004; Media Matters, 10/25/2004]
Bar graph based on Duval County caging list. [Source: RangeVoting (.org)]Investigative reporter Greg Palast claims on a BBC Newsnight broadcast that the Bush presidential re-election campaign has a plan to disrupt voting in Florida during the November 2004 presidential elections. The BBC says it has two emails prepared for the executive director of the Bush campaign in Florida and the campaign’s national research director in Washington that contain a 15-page “caging list” of voters, predominantly African-American and likely Democratic voters, residing in and around Jacksonville, Florida. Voting rights expert Robert F. Kennedy Jr. will later explain “caging” to Palast: “Caging is an illegal way of getting rid of black votes. You get a list of all the black voters. Then you send a letter to their homes. And if the person doesn’t sign it at the homes, the letter then is returned to the Republican National Committee. They then direct the state attorney general, who is friendly to them, who’s Republican, to remove that voter from the list on the alleged basis that that voter does not live in the address that they designated as their address on the voting application form.” A Tallahassee elections supervisor, Ion Sancho, tells a BBC reporter, “The only possible reason why they would keep such a thing is to challenge voters on election day.” He says that under Florida law, operatives from political parties can station themselves inside polling stations and stop voters from obtaining a ballot; such “caged” voters would then have to complete a “provisional” ballot that may well not be counted. Mass challenges of this nature have never occurred in Florida, Sancho says. No challenges have been issued against voters “in the 16 years I’ve been supervisor of elections.” He continues, “Quite frankly, this process can be used to slow down the voting process and cause chaos on election day; and discourage voters from voting.” Sancho says it is “intimidation,” and it may well be illegal. Civil rights attorney Ralph Neas says US federal law bars challenges to voters, even if there is a basis for the challenge, if race is a factor in targeting voters. The “caging list” of Jacksonville-area voters contains a disproportionately large number of black voters. Republican spokespersons deny that the list is illegal, and say it merely records returned mail from either fundraising solicitations or returned letters sent to newly registered voters to verify their addresses for purposes of mailing campaign literature. Republican state campaign spokeswoman Mindy Tucker Fletcher says the list was not compiled “in order to create” a challenge list, but refuses to say it would not be used in that manner. Republican poll watchers will, she says, challenge voters “[w]here it’s stated in the law.” No one in the Florida Republican Party or the Bush campaign will explain why top officials in the Bush campaign have received the caging list. Palast’s colleagues have captured on film a private detective filming every “early voter” in a Jacksonville precinct from behind a vehicle with blacked-out windows; the detective denies knowing who paid for his services. Representative Corinne Brown (D-FL) says the surveillance is part of a Republican-orchestrated campaign to intimidate black voters. [Greg Palast, 10/26/2004; Democracy Now!, 5/14/2007] Palast later writes that many of the black voters affected by the caging list are veterans.
Methodology - He will write: “Here’s how the scheme worked: The RNC mailed these voters letters in envelopes marked, ‘Do not forward,’ to be returned to the sender. These letters were mailed to servicemen and women, some stationed overseas, to their US home addresses. The letters then returned to the Bush-Cheney campaign as ‘undeliverable.’ The lists of soldiers with ‘undeliverable’ letters were transmitted from state headquarters, in this case Florida, to the RNC in Washington. The party could then challenge the voters’ registration and thereby prevent their absentee ballots being counted. One target list was comprised exclusively of voters registered at the Jacksonville, Florida, Naval Air Station. Jacksonville is the third largest naval installation in the US, best known as home of the Blue Angels fighting squadron.” Over one million provisional ballots cast in the 2004 race were never counted. “The extraordinary rise in the number of rejected ballots was the result of the widespread multi-state voter challenge campaign by the Republican Party,” he will write. “The operation, of which the purge of black soldiers was a small part, was the first mass challenge to voting America had seen in two decades.” Palast will say that the BBC had more than the two emails it used for its Newsnight report. He will also identify the sender as Timothy Griffin, the RNC’s national research director, and the recipients as Florida campaign chairman Brett Doster and other Republican leaders. “Attached were spreadsheets marked, ‘Caging.xls.’ Each of these contained several hundred to a few thousand voters and their addresses. A check of the demographics of the addresses on the ‘caging lists,’ as the GOP leaders called them indicated that most were in African-American majority zip codes.” Palast will report that one Republican official, Joseph Agostini, explained that the list may have been of potential Bush campaign donors, a claim that is undermined by the list’s inclusion of a number of residents of a local homeless shelter. Fletcher will later claim that the list contains voters “we mailed to, where the letter came back—bad addresses,” but will not say why the list includes soldiers serving overseas whose addresses would obviously not be correct. Fletcher will insist that it “is not a challenge list.… That’s not what it’s set up to be.” [Greg Palast, 6/16/2006; In These Times, 4/16/2007] US Attorney David Iglesias of New Mexico will later say of the practice: “That’s a terrible practice. If it’s not illegal, it should be. I hope Congress fixes that, that problem. It’s when you send voter information to a group of people that you have reason to believe are no longer there, such as military personnel who are overseas, such as students at historically black colleges. And then, when it comes back as undeliverable, the party uses that information to remove that person from the voter rolls, claiming that they’re no longer there.… It’s a reprehensible practice. I had never heard of the phrase until after I left office.” [Democracy Now!, 6/4/2008]
Griffin Sent Memos to Wrong Email Address - Palast later reveals his source for the caging list spreadsheet to be an error made by Griffin. In August 2004, he sent a series of confidential memos to a number of Republican Party officials via emails. Griffin mistakenly sent the emails to addresses at georgewbush.org and not georgewbush.com, as he should have. The georgewbush.org address is owned by satirist John Wooden, who sent them to Palast at BBC Newsnight. Palast will write: “Griffin’s dozens of emails contained what he called ‘caging lists’—simple Excel spreadsheets with the names and addresses of voters. Sounds innocent enough. But once the addresses were plotted on maps—70,000 names in Florida alone—it became clear that virtually every name was in a minority-majority voting precinct. And most of the lists were made up of itinerant, vulnerable voters: students, the homeless, and, notably, soldiers sent overseas.” [In These Times, 4/16/2007]
GOP: Palast, Sancho Wrong, Biased - Fletcher responds to the BBC story with an email to Newsnight editor Peter Barron claiming that Palast is ignorant of the laws and practices surrounding elections, and calls Sancho “an opinionated Democrat” who does not supervise the area in question. Such “caging lists” are commonly used, she says, and are entirely legal. Palast mischaracterized the nature and use of caging lists, she says. Moreover, the list is composed of returned mailings sent by the Republican National Committee to new registrants in Duval County (which includes Jacksonville) encouraging recipients to vote Republican. “The Duval County list was created to collect the returned mail information from the Republican National Committee mailing and was intended and has been used for no purpose other than that,” she says. Palast erred in “insinuat[ing]” that the list would be used for challenging voters, “and frankly illustrates his willingness to twist information to suit his and others’ political agenda. Reporting of these types of baseless allegations by the news media comes directly from the Democrats’ election playbook.” She then accuses the Association of Community Organizations for Reform Now (ACORN) of “massive fraud efforts” on behalf of “the Kerry campaign and the Democrats.” Many registered voters in Duval County “do not have valid addresses,” she says, implying that such voters may be subject to challenges. She concludes, “In a year when reporters are under heavy scrutiny for showing political leanings toward the Democratic Party, I would think that your new[s] organization would take greater care to understand the facts and use sources that will yield objective information, rather than carry one party’s political agenda.” [BBC, 6/4/2008]
Entity Tags: Association of Community Organizations for Reform Now, Florida Republican Party, Brett Doster, Bush-Cheney re-election campaign 2004, Corrine Brown, David C. Iglesias, Robert F. Kennedy Jr., Greg Palast, Ralph G. Neas, John Wooden, J. Timothy Griffin, Ion Sancho, Republican National Committee, Joseph Agostini, County of Duval (Florida), Peter Barron, Mindy Tucker Fletcher
Timeline Tags: Civil Liberties
The Army completes a classified report on detainee abuse at Camp Nama, a Special Forces detention center at Baghdad International Airport. The report is based on an investigation led by Brigadier General Richard Formica into three specific allegations against the Combined Joint Special Operations Task Force Arabian Peninsula, which operates throughout Iraq. Formica’s report concludes that detainees who report being sodomized or beaten are seeking sympathy and better treatment, and thus are not credible. The report cites an Army medical report which had initially noted that a complaining detainee’s wounds were “consistent with the history [of abuse] he provided.… The doctor did find scars on his wrists and noted what he believed to be an anal fissure.” Two days later, Formica had the detainee re-examined by another doctor, who found “no fissure, and no scarring.” Formica concludes, “As a result, I did not find medical evidence of the sodomy.” In the case of a detainee who died in custody, Formica reports that the detainee suffered bruising to the “shoulders, chest, hip, and knees” but adds, “It is not unusual for detainees to have minor bruising, cuts, and scrapes.” A July 2006 report by Human Rights Watch will find evidence of “serious mistreatment” of detainees based on witness accounts of Special Forces interrogators and other US personnel. Formica will note in an e-mail: “I conducted a thorough investigation… and stand by my report.… [S]everal issues” he discovered “were corrected,” he will say. [Armed Forces Press Service, 6/17/2006; New Yorker, 6/17/2007]
California graduate student William Jensen Cottrell is found guilty of arson and related crimes for vandalizing car dealerships. In 2003, Cottrell damaged around 40 Hummers and sport utility vehicles (SUVs) at three Southern California dealerships. His actions caused some $2 million in damages. Cottrell is acquitted of the most serious charge, attempting to use a destructive device in a crime of violence. He admits to spray-painting Earth Liberation Front (ELF—see 1997) slogans on SUVs. [Anti-Defamation League, 2005]
The New York Times agrees to a White House request to withhold publication of a potential “bombshell” story: an in-depth article revealing an enormous, and possibly illegal, warrantless wiretapping program executed by the NSA at President Bush’s behest after the 9/11 attacks. The Times will publish the story almost a year later (see December 15, 2005). In August 2006, the Times’s public editor, Byron Calame, will confirm the delay, and note that he has been “increasingly intrigued” by the various descriptions of the delay by Times editor Bill Keller (see December 16, 2005) and others. Keller will tell Calame that, contrary to some statements he and others have made, the story was originally scheduled to be published just days before the November 2004 presidential election. “The climactic discussion about whether to publish was right on the eve of the election,” Keller will say, though he will refuse to explain why he makes the final decision to hold the story. However, he will say that at this time he is not sure the story’s sources are reliable enough to warrant its publication before a close election. [New York Times, 8/13/2006]
Theo van Gogh. [Source: Column Film]Dutch filmmaker Theo van Gogh is killed by al-Qaeda linked figures. He is shot while on the streets of Amsterdam, then his throat is slit and a note is pinned to his chest with a knife. Van Gogh had received death threats after the release of his short film Submission, which criticized the mistreatment of Muslim women. A Dutch Moroccan named Mohammed Bouyeri is soon captured after a shootout with police. He is later sentenced to life in prison for van Gogh’s murder. About 13 other mostly North African men are linked to Bouyeri, and most of them are later convicted for various crimes. This group is said to have ties to al-Qaeda cells in Spain and Belgium, and links to bombings in Casablanca and Madrid (see May 16, 2003 and 7:37-7:42 a.m., March 11, 2004). [PBS Frontline, 1/25/2005]
Christine Gregoire and Dino Rossi. [Source: Associated Press / KomoNews]State Attorney General Christine Gregoire (D-WA) is apparently defeated in the Washington State gubernatorial race in the closest such race in US history, losing to former state senator and current real-estate mogul Dino Rossi (R-WA) by 261 votes. The percentage vote is split evenly, 49-49, with 2 percent of the vote going to Libertarian Ruth Bennett. Democrats John Kerry (D-MA) and Patty Murray (D-WA) won the state’s presidential and Senate races, respectively. Both Gregoire and Rossi attempted to run as relatively moderate members of their parties, though their stance on health care, in particular, showed striking differences between them: Rossi ran on a platform of limiting lawsuit awards and drastically cutting state spending on Medicare and other expenditures, while Gregoire promised to expand coverage by finding ways to cut spending in other areas. Both candidates attacked the other relentlessly on the health care issue. On the evening of the election, November 2, Gregoire leads by some 7,000 votes, but as absentee votes are counted over the next few days, her lead dwindles and vanishes. By November 17, when all 39 counties complete their vote tallies, Rossi leads by 261 votes. State law mandates a machine recount, and the recount cuts Rossi’s lead to 42 votes. On November 30, Secretary of State Sam Reed certifies Rossi as the winner. Gregoire requests an additional recount, to be paid for by the Washington Democratic Party, and also files suit asking that ballots rejected in the first count be reconsidered, citing what the suit calls “[p]rior errors and inconsistencies in the initial canvassing and machine recount of ballots.” State Democratic Party chair Paul Berendt says: “I’ve never stopped believing Chris Gregoire was elected governor. It would be easy to demand a recount in a few counties, but she wanted every vote or no vote, and that’s what we’re going to do.” Rossi campaign spokesperson Mary Lane retorts: “As far as we’re concerned, it’s trying to overturn the legitimate result of this election by any means necessary, ethical or not. Christine Gregoire cares more about her own political ambition than what the voters actually think.” Republican Party Chairman Chris Vance calls the lawsuit to reconsider rejected votes “a nuclear bomb. It will blow up our election system in Washington state.” The suit is filed on behalf of four voters who claim they were denied the opportunity to vote. One of those voters, Ronald Taro Suyematsu of King County, says he never received his absentee ballot in the mail. He voted on Election Day using a provisional ballot, but he was not listed as a registered voter and his vote was discarded. Democrats allege that many ballots were inappropriately challenged by Republican observers, that county canvassing board rejected qualified ballots, and voters were denied meaningful notice of challenges. The lawsuit also says counties used varying standards “regarding signature-matching for absentee and provisional ballots.” The suit does not allege deliberate manipulation by county officials. “In some respects, the problems might not be more frequent than in a typical election, but the narrow margin between the candidates means that, unlike the typical election, they are not harmless,” the suit alleges. [Seattle Post-Intelligencer, 10/20/2004; 2004 General Election - First Recount > Statewide Offices > Results, 11/17/2004; Seattle Times, 12/3/2004; HistoryLink (.org), 6/7/2005]
Entity Tags: Mary Lane, Dino Rossi, Christine O. Gregoire, Chris Vance, John Kerry, Washington Republican Party, Ruth Bennett, Dino Rossi gubernatorial campaign (2004), Washington Democratic Party, Paul Berendt, Sam Reed, Ronald Taro Suyematsu, Patty Murray
Timeline Tags: Civil Liberties, 2004 Elections
On the evening of Election Day, Bush political chief Karl Rove appears on Fox News’s Hannity and Colmes to discuss his predictions for the elections and his observations on the day’s voting. After predicting comfortable margins of victory for President Bush, co-host Sean Hannity turns to allegations of voter fraud and efforts by Republicans to monitor votes in Ohio and other states. In Ohio, Rove says, Republicans have poll watchers on hand “in order to challenge people who are fictitious voters or felons, ineligible to vote, or people who have registered multiple times.… And we know particularly in Ohio, but in a lot of the other key battleground states, there has been a lot of voter registration fraud. We don’t want that to turn into voter fraud on Election Day.” He cites the NAACP as an organization engaging in voter fraud, and says one NAACP vote registrar registered 100 illegitimate names and was paid for his work in crack cocaine. Rove gives no evidence for this sensational claim. Hannity cites unverified stories of felons illegally voting in Florida, and Rove adds an unverified story of workers for the Association of Community Organizations for Reform Now (ACORN) bringing a sheaf of absentee ballots out of a prison in Pennsylvania and “attempting to vote them.” Absentee ballots have to be mailed personally in Pennsylvania and, Rove says, the actions by the ACORN workers to put the prisoners’ ballots into the mail were illegal. [Fox News, 11/2/2004] It is unknown where Rove obtained his information. No news reports of these incidents can be found.
The Justice Department’s White House liaison, Susan Richmond, sends an email to all of the department’s presidentially appointed officials, including US Attorneys, reassuring them that the newly re-elected President Bush “will not ask for letters of resignation.” Many had requested clarification as to whether they would be asked to remain or resign during Bush’s second term. Richmond reminds the recipients that “each of us serves at the pleasure of the president.” It is around this same time that Justice Department lawyer Kyle Sampson (see 2001-2003) becomes involved in discussions with White House counsel Harriet Miers about firing all 93 US Attorneys (see November 2004). Sampson tells Miers that firing all 93 US Attorneys may not be a good idea, and the US Attorneys have an expectation of serving their statutory four-year terms, which do not begin to expire until the fall of 2005. [US Department of Justice, Office of the Inspector General, 9/29/2008] Notwithstanding the reassurance, Mary Beth Buchanan, the head of the Executive Office for US Attorneys, begins circulating forms for resignation to the US Attorneys. She will later explain, “At the end of the first administration, I was asked to provide United States attorneys with guidance for those who wished to resign at the end of the first administration.” [US House of Representatives, Committee on the Judiciary, 6/15/2007 ]
A Marine walks past several corpses strewn in a Fallujah street. [Source: Al Jazeera]The US military undertakes Operation Phantom Fury in an effort to retake the city of Fallujah from Sunni insurgents. During the more than two-week long offensive, Iraqi NGOs are prohibited from delivering humanitarian aid to residents of the besieged city. A representative for the Iraq Red Crescent Society (IRCS), Muhammad al-Nuri, will estimate that at least 6,000 Iraqis are killed in the offensive. The Iraqi government’s own studies will suggest that 70 percent of Fallujah’s buildings are destroyed by the fighting. [IRIN, 4/4/2004; Washington Post, 11/9/2004; IRIN, 11/26/2004] In the ensuing battle, the city’s water, power, and food supplies are completely cut, actions later condemned as violations of the Geneva Conventions by a UN special rapporteur, who accuses the US of “using hunger and deprivation of water as a weapon of war against the civilian population.” At least 200,000 civilians flee Fallujah, many ending up in squatters’ camps with no basic facilities. “My kids are hysterical with fear,” says one Iraqi father. “They are traumatized by the sound [of fighting] but there is nowhere to take them.” The US military bars the Red Cross, Red Crescent, and journalists from the area. All males between the ages of 15 and 55 are forced to stay in the city (see November 10, 2004). Over 100,000 civilians are trapped in the city during the US siege, forced to endure a pitched battle between US forces and between 600 and 6,000 insurgents.
US Targets Civilians - The city’s main hospital is the first target (see November 9, 2004), picked because, as the New York Times reports, “the US military believed it was the source of rumours about heavy casualties.” An AP photographer documents US helicopters killing a family of five trying to ford a river to safety. A Lebanese photographer will say, “There were American snipers on top of the hospital shooting everyone.” The photographer, Burhan Fasa’am, adds: “With no medical supplies, people died from their wounds. Everyone in the street was a target for the Americans.” Another Fallujah citizen will later recall: “I watched them roll over wounded people in the streets with tanks. This happened so many times.” A third citizen will later recall: “They shot women and old men in the streets. Then they shot anyone who tried to get their bodies.” US forces use incendiary weapons, including white phosphorus (see Mid-November 2004). When asked about the use of such controversial weaponry, Captain Erik Krivda explains, “Usually we keep the gloves on, [but] for this operation, we took the gloves off.” Just before the operation commences, a Marine commander tells his troops: “You will be held accountable for the facts not as they are in hindsight but as they appeared to you at the time. If, in your mind, you fire to protect yourself or your men, you are doing the right thing. It doesn’t matter if later on we find out you wiped out a family of unarmed civilians.” [Weinberger, 2005, pp. 63-64; Guardian, 11/10/2005]
Marine Casualties - The suffering and death are not one-sided. Lieutenant Commander Richard Jadick, a Navy doctor who volunteered to go to Iraq to help ease the shortage of doctors there, finds himself in the middle of pitched battles, doing his best to save Marines wounded in battle, many with horrific injuries. Lieutenant Colonel Mark Winn will estimate that without Jadick, his unit would have lost at least 30 more troops. Jadick will receive the Bronze Star with a Combat V for valor for his efforts. “I have never seen a doctor display the kind of courage and bravery that [Jadick] did during Fallujah,” Winn later recalls. [Newsweek, 3/20/2006]
Widespread Destruction - By the end of operations, around 36,000 of the city’s 50,000 homes are destroyed, along with 60 schools and 65 mosques and shrines. US casualty figures claim that about 2,000 Iraqis die in the fighting (Iraqi Prime Minister Iyad Allawi will claim that no civilians died in Fallujah), but Iraqi human rights organizations and medical workers claim the number is somewhere between 4,000 and 6,000. A Fallujah housewife will finally return to her home to find a message written in lipstick on her living room mirror: “F_ck Iraq and every Iraqi in it.” Mike Marquesee of the human rights organization Iraq Occupation Focus, will later write that the US and British media offers a “sanitized” version of events. “[C]ivilian suffering was minimized and the ethics and strategic logic of the attack largely unscrutinized,” Marquesee will observe. The siege is inconclusive at best: for the next year, Fallujah will remain essentially under lockdown, and heavy resistance and violence will spread to other cities, including Tal-Afar, Haditha, and Husaybah. [Weinberger, 2005, pp. 63-64; Guardian, 11/10/2005] Reporter Hala Jaber, the last reporter to leave Fallujah before the military assault begins and the first to return to that devastated city months later, will write over a year after Operation Phantom Fury: “The bitter truth is that the actions of US and Iraqi forces have reignited the insurgency. Anger, hate, and mistrust of America are deeper than ever.” [London Times, 12/18/2005]
Entity Tags: Operation Phantom Fury, Richard Jadick, US Department of Defense, Muhammad al-Nuri, Hala Jaber, Mark Winn, Burhan Fasa’am, Mike Marquesee, Erik Krivda, Iyad Allawi, Geneva Conventions, United Nations
Timeline Tags: Iraq under US Occupation
Salim Ahmed Hamdan. [Source: Public domain]US District Judge James Robertson rules that the Combatant Status Review Tribunal being held at the Guantanamo base in Cuba to determine the status of detainee Salim Ahmed Hamdan is unlawful and cannot continue. At the time of the decision, Hamdan is before the Guantanamo military commission. [Washington Post, 11/9/2004; USA Today, 11/9/2004] The commission system, as set up by White House lawyers David Addington and Timothy Flanigan three years before (see Late October 2001), gives accused terrorists such as Hamdan virtually no rights; in author and reporter Charlie Savage’s words, “the [Bush] administration had crafted rules that would make it easy for prosecutors to win cases.” [Savage, 2007, pp. 195-196]
Violation of Geneva Conventions - Robertson, in his 45-page opinion, says the government should have conducted special hearings to determine whether detainees qualified for prisoner-of-war protections under the Geneva Conventions at the time of capture. [USA Today, 11/9/2004] He says that the Bush administration violated the Geneva Conventions when it designated prisoners as enemy combatants, denied them POW protections, and sent them to Guantanamo. [Boston Globe, 11/9/2004] The Combatant Status Review Tribunals that are currently being held in response to a recent Supreme Court decision (see June 28, 2004) are inadequate, Robertson says, because their purpose is to determine whether detainees are enemy combatants, not POWs, as required by the Third Geneva Convention. [USA Today, 11/9/2004]
Rejects Claims of Presidential Power - Robertson also rejects the administration’s claim that the courts must defer to the president in a time of war. “The president is not a ‘tribunal,’” the judge says. [USA Today, 11/9/2004] Robertson, a Clinton appointee, thus squarely opposes both the president’s military order of November 13, 2001 (see November 13, 2001) establishing the possibility of trial by military tribunal, and his executive order of February 7, 2002 (see February 7, 2002) declaring that the Geneva Conventions do not to apply to Taliban and al-Qaeda prisoners. “The government has asserted a position starkly different from the positions and behavior of the United States in previous conflicts,” Robertson writes, “one that can only weaken the United States’ own ability to demand application of the Geneva Conventions to Americans captured during armed conflicts abroad.” [USA Today, 11/9/2004; Washington Post, 11/9/2004; Boston Globe, 11/9/2004]
Orders Military Courts-Martial - Robertson orders that until the government conducts a hearing for Hamdan before a competent tribunal in accordance with the Third Geneva Conventions, he can only be tried in courts-martial, according to the same long-established military rules that apply to trials for US soldiers. [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] Robertson’s ruling is the first by a federal judge to assert that the commissions are illegal. [Washington Post, 11/9/2004]
Hearings Immediately Recessed - When word of Robertson’s ruling comes to Guantanamo, Colonel Peter Brownback, presiding over a pretrial hearing for Hamdan, immediately gavels the hearing closed, declaring an “indefinite recess” for the tribunal. [Savage, 2007, pp. 195-196]
Ruling Applauded by Civil Libertarians, Rejected by Bush Lawyers - Anthony Romero, director of the American Civil Liberties Union; Eugene Fidell, president of the National Institute of Military Justice; and Michael Ratner, president of the Center for Constitutional Rights, all applaud Robertson’s ruling. [Boston Globe, 11/9/2004] The Bush administration rejects the court’s ruling and announces its intention to submit a request to a higher court for an emergency stay and reversal of the decision. “We vigorously disagree.… The judge has put terrorism on the same legal footing as legitimate methods of waging war,” Justice Department spokesman Mark Corallo says. “The Constitution entrusts to the president the responsibility to safeguard the nation’s security. The Department of Justice will continue to defend the president’s ability and authority under the Constitution to fulfill that duty.” [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] He also says that the commission rules were “carefully crafted to protect America from terrorists while affording those charged with violations of the laws of war with fair process.” [Boston Globe, 11/9/2004]
Ruling May Affect Other Detainees - Though the ruling technically only applies to Hamdan, his civilian attorney, Neal Katyal, says it could affect other detainees. “The judge’s order is designed only to deal with Mr. Hamdan’s case,” Katyal says. “But the spirit of it… extends more broadly to potentially everything that is going on here at Guantanamo.” [USA Today, 11/9/2004]
Entity Tags: Mark Corallo, Neal Katyal, James Robertson, George W. Bush, Anthony D. Romero, Peter Brownback, Charlie Savage, US Supreme Court, American Civil Liberties Union, Salim Ahmed Hamdan
Timeline Tags: Torture of US Captives, Civil Liberties
US forces use white phosphorus (WP) gas munitions as incendiary weapons against human targets during their seige of Fallujah, Iraq (see November 8, 2004). [Inter Press Service, 11/26/2003; Daily Telegraph, 11/9/2004; San Francisco Chronicle, 11/10/2004; Rainews24 (Italy), 11/2005] White phosphorus—also known as Willy Pete or Whiskey Pete—is used by the military for signaling, screening, and incendiary purposes. White phosphorus munitions, upon explosion, distribute particles over a wide swath of area. They burn spontaneously in the air and will continue to burn until all white phosphorus particles have disappeared. The smoke easily penetrates clothing and protective gear and can burn a person’s flesh to the bone. [Democracy Now!, 11/8/2005; GlobalSecurity (.org), 11/9/2005] According to Jeff Englehart, a US soldier involved in the seige of Fallujah, “Phosphorus burns bodies, in fact it melts the flesh all the way down to the bone.… Phosphorus explodes and forms a cloud. Anyone within a radius of 150 meters is done for.” [Independent, 11/8/2004]
Iraqi Witnesses Allege Use of Incendiary Weapons - “Poisonous gases have been used in Fallujah,” 35-year-old trader from Fallujah Abu Hammad tells reporter Dahr Jamail. “They used everything—tanks, artillery, infantry, poison gas. Fallujah has been bombed to the ground.” Another resident, Abu Sabah, from the Julan area, explains: “They used these weird bombs that put up smoke like a mushroom cloud. Then small pieces fall from the air with long tails of smoke behind them.” He says the pieces then explode into large fires that burn the skin even when water is applied. “People suffered so much from these,” he adds. [Inter Press Service, 11/26/2003] Corroborating their accounts, the San Francisco Chronicle reports that some “Insurgents reported being attacked with a substance that melted their skin, a reaction consistent with white phosphorous burns.” Kamal Hadeethi, a physician at a regional hospital, tells the newspaper, “The corpses of the mujahedeen which we received were burned, and some corpses were melted.” [San Francisco Chronicle, 11/10/2004]
Alternate Explanation - Lieutenant Colonel Steve Boylan, in November 2005, will deny that US troops used white phosphorus gas against people in Fallujah. “I know of no cases where people were deliberately targeted by the use of white phosphorus,” he tells Democracy Now. “White phosphorus is used for obscuration, which white phosphorus produces a heavy thick smoke to shield us or them from view so that they cannot see what we are doing. It is used to destroy equipment, to destroy buildings. That is what white phosphorus shells are used for.” He insists that the pictures showing melted corpses with clothing still intact is not proof of white phosphorus attacks. “That can happen from numerous ways and not just from white phosphorus attacks. That can happen from massive explosions. If you look at the car bombs that the terrorists use today, you have the same effects from car bombs from suicide vests. I have personally witnessed these things here in Baghdad.” [Democracy Now!, 11/8/2005]
Pentagon Confirms Use of White Phosphorus against 'Enemy Combatants' - The Pentagon, however, does not deny that the weapon was used against human targets. On November 14, 2005, spokesman Lieutenant Colonel Barry Venables says that white phosphorus was used to “fire at the enemy.” He adds: “It burns.… It’s an incendiary weapon. That is what it does.” [Independent, 11/15/2005] “It was used as an incendiary weapon against enemy combatants.” [BBC, 11/16/2005]
Against US Army Policy - In 1980, the Convention on Conventional Weapons banned the use of incendiary devices, like white phosphorous, in heavily populated areas. The United States was one of the few countries that refused to sign the agreement (see October 10, 1980-December 2, 1983). Even so, an instruction manual used by the US Army Command and General Staff School (CGSC) at Fort Leavenworth, Kansas states that “it is against the law of land warfare to employ WP against personnel targets.” [Independent, 11/19/2005]
First-Hand Accounts - There are a number of first-hand accounts of the battle, as well as video footage and photographs, suggesting the use of white phosphorus against human targets.
Jeff Englehart, who is in a tactical attack center about 200 meters from where a lot of the explosions that are happening [Democracy Now!, 11/8/2005] , later recalls: “I heard the order to pay attention because they were going to use white phosphorus on Fallujah. In military jargon it’s known as Willy Pete.… I saw the burned bodies of women and children.” [Rainews24 (Italy), 11/2005]
Photographs provided by the Studies Centre of Human Rights in Fallujah [Rainews24 (Italy), 11/2005] include numerous high-quality, color close-ups of bodies of Fallujah residents, some still in their beds, whose clothes remain largely intact but whose skin has been dissolved or caramelized by the shells. [Independent, 11/8/2004]
A documentary, titled Fallujah: The Hidden Massacre, broadcast on Italian news channel RAI a year after the assault shows helicopters launching white phosphorus munitions directly into the city. [Rainews24 (Italy), 11/2005] According to the RAI film, the US has attempted to destroy filmed evidence of the alleged use of white phosphorus on civilians in Falluja. [Rainews24 (Italy), 11/2005; BBC, 11/8/2005]
A March 2005 US Army report written by three US artillery men who participated in the siege will confirm that white phosphorus was used against human targets during the siege. “WP proved to be an effective and versatile munition. We used it for screening missions at two breeches and, later in the fight, as a potent psychological weapon against the insurgents in trench lines and spider holes when we could not get effects on them with HE [High Explosive weapons]. We fired ‘shake and bake’ missions at the insurgents, using WP to flush them out and HE to take them out.” [Field Artillery, 3/2005 ; Independent, 11/15/2005]
Congress expands the Patriot Act (see October 26, 2001) by approving an intelligence spending bill with a provision that gives the FBI the power to subpoena business documents and transactions from a broad range of businesses and entities—including libraries, travel agencies, and even eBay—without court warrants. This reduces oversight of the FBI and shifts power away from the judiciary. The Patriot Act already allows the FBI to acquire bank records and communications records by issuing a National Security Letter (NSL) affirming that the information it seeks is relevant to an open investigation; the targeted institution is legally “gagged,” unable to inform anyone, especially the subject of the investigation, of the subpoena. The new law expands the use of NSLs by redefining “financial institution” to include insurance companies, real estate agents, the US Postal Service, travel agencies, casinos, pawn shops, car dealers and any other business whose “cash transactions have a high degree of usefulness in criminal, tax or regulatory matters.” The provision is one of the most controversial parts of the so-called “Patriot II” act (see February 7, 2003) that was withdrawn after the public learned of its elements. Like most intelligence spending bills, this one was drafted in secret and passed with little debate or public comment. Law professor Chris Schroeder, a former Justice Department assistant attorney general, says the insertion of the provision shows that “people who want to expand the powers of the FBI didn’t want to stop after Patriot II was leaked. They are going to insert these provisions on a stealth basis. It’s insidious.” James Dempsey of the Center for Democracy and Technology agrees: “On its face, it’s a cryptic and seemingly innocuous amendment. It wasn’t until after it passed both houses that we saw it. The FBI and CIA like to try to graft things like this into intelligence bills.” CIA Director Porter Goss, when he was chairman of the House Intelligence Committee, defended the provision, saying it is necessary to keep pace with terrorists and the changing economy. “This provision brings the definition of ‘financial institution’ up to date with the reality of the financial industry,” Goss told House members. “This provision will allow those tracking terrorists and spies to ‘follow the money’ more effectively and thereby protect the people of the United States more effectively.” Timothy Edgar of the American Civil Liberties Union says the bill goes too far in expanding executive branch powers. “The more that checks and balances against government abuse are eroded, the greater that abuse,” Edgar says. “We’re going to regret these initiatives down the road.” [Wired News, 11/24/2003]
Entity Tags: Tim Edgar, US Department of Justice, USA Patriot Act, Porter J. Goss, House Intelligence Committee, Central Intelligence Agency, Center for Democracy and Technology, American Civil Liberties Union, James Dempsey, Chris Schroeder, Federal Bureau of Investigation, Domestic Security Enhancement Act of 2003
Timeline Tags: Civil Liberties
The press reports that Terry Nichols, convicted on federal and state charges surrounding the 1995 Oklahoma City bombing (see December 23, 1997 and May 26, 2004), admitted to his involvement in the conspiracy to blow up the Murrah Federal Building during secret plea negotiations in 2003. Presumably these were the negotiations where prosecutors ultimately rejected an offer by Nichols’s lawyers for Nichols to plead “no content” to the 161 charges of first-degree murder in return for being spared the death penalty (see February 17, 2004). Nichols signed a statement acknowledging helping bomber Timothy McVeigh (see December 23, 1997 and June 4, 1998) construct the bomb, though he denied having any prior knowledge of the target (see April 11, 1995) or knowing any other co-conspirators (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After). Prosecutors now say they never believed Nichols was being entirely truthful in his plea offer. [New York Times, 11/30/2004; The Oklahoman, 4/2009]
Citizens for a Sound Economy (CSE), an “astroturf” advocacy organization funded by the Koch brothers (see 1984 and After), is accused of breaking campaign laws to support the Bush re-election campaign. Oregon’s CSE branch had attempted to get consumer advocate Ralph Nader on the presidential ballot, in an attempt to dilute Democratic support for presidential candidate John Kerry (D-MA). Critics argue that it is illegal for a tax-exempt organization such as CSE to donate its services for partisan purposes. The Federal Election Commission (FEC) dismisses a complaint brought against the organization. [New Yorker, 8/30/2010]
Daniel Levin. [Source: ABC News]Daniel Levin, the acting chief of the Justice Department’s Office of Legal Counsel (OLC), goes to a military base near Washington and has himself subjected to simulated waterboarding to judge for himself whether or not the interrogation tactic is torture. Levin then tells White House officials that he found the experience terrifying, and he is sure it simulates drowning. Levin concludes that waterboarding clearly qualifies as torture and should not be used by US personnel except in a highly limited and closely supervised fashion. Levin, who like his predecessor Jack Goldsmith (see June 17, 2004) is deeply troubled by the White House’s advocacy of torture as a method of securing information from terror suspects, and by its refusal to issue clear guidelines as to what is and what is not torture, decides to prepare a memo—legally binding—to replace the August 2002 Justice Department memo that established torture as an acceptable method of interrogation. Goldsmith had already withdrawn the memo after finding it deeply flawed (see December 2003-June 2004). In December 2004, Levin issues his new memo, which flatly states that “[t]orture is abhorrent” (see December 30, 2004), but he notes that the Justice Department is not declaring any previous positions by the administration illegal. Levin is planning a second memo that will impose tighter restrictions on specific interrogation techniques, but he never gets the chance to complete it. New attorney general Alberto Gonzales forces him out of the department instead, and replaces him with a much more compliant OLC chief, Steven Bradbury (see June 23, 2005). Most experts believe that waterboarding is indeed torture, and that torture is a poor way of extracting accurate information. Retired Rear Admiral John Hutson will say, “There is no question this is torture—this is a technique by which an individual is strapped to a board, elevated by his feet and either dunked into water or water poured over his face over a towel or a blanket.” [ABC News, 11/2/2007; Think Progress, 11/3/2007; GulfNews, 11/5/2007] Gonzales is widely believed to have been selected as the new attorney general in part to ease the way for the Bush administration to continue its support for torture as a valid method of interrogation. Shortly after taking the office, Gonzales pressured Levin to add the footnote exculpating the administration from any legal responsibility for its previous positions, and shortly thereafter, Gonzales has Levin removed from the department. In November 2007, the Washington Post’s editorial board will decry Gonzales’s ouster of Levin, and the administration’s support for torture, as a blatant “disregard for principle.” [Washington Post, 11/6/2007] MSNBC host Keith Olbermann, a harsh critic of the Bush administration, will later call Levin “an astonishingly patriotic American and a brave man.” He will fire a broadside directly at the president: “Daniel Levin should have a statue in his honor in Washington right now. Instead, he was forced out as acting assistant attorney general nearly three years ago because he had the guts to do what George Bush couldn’t do in a million years: actually put himself at risk for the sake of his country, for the sake of what is right.” [MSNBC, 11/5/2007]
Entity Tags: Washington Post, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ), Daniel Levin, Bush administration (43), Keith Olbermann, George W. Bush, John D. Hutson, Jack Goldsmith, Alberto R. Gonzales
Timeline Tags: Torture of US Captives, Civil Liberties
Congress passes an intelligence bill that requires the Justice Department to inform it as to how often and in what situation the FBI is using special “national security” wiretaps on US soil. The bill also requires the Justice Department to give oversight committees copies of administration memos outlining any new interpretations of domestic-spying laws. It contains 11 other sections mandating reports about such issues as civil liberties, security clearances, border security, and counternarcotics efforts. President Bush signs the bill, then issues a signing statement asserting his right to ignore or override every element of it. He can and will withhold information from Congress as he sees fit, he claims in the statement. [Savage, 2007, pp. 238-239]
Miller, Abrams, and Cooper speak to reporters during the Libby investigation. [Source: Life magazine]Judith Miller, the New York Times reporter held in contempt for failing to obey a subpoena to testify before the Patrick Fitzgerald grand jury investigating the Plame Wilson identity leak (see October 7, 2004), tells her husband that she may go to jail. “Something bad is happening,” Miller tells Jason Epstein, her husband and a founder of the New York Review of Books. “I think I might be going to jail.” Epstein replies, “Going to jail—that can’t be right.” Miller says, “That is where this is going to lead.” Trying to lighten the mood, Epstein retorts, “Well, if that’s the case, get a lawyer from the Yellow Pages so it won’t cost so much.” Miller says she already has a lawyer, renowned First Amendment advocate Floyd Abrams. With another lawyer, Abrams had represented the Times in the Pentagon Papers case of 1971 (see June 15, 1971), and he helped to forge case law protecting journalists from being compelled to reveal their sources. Abrams is already representing another Times reporter, Philip Shenon, against Fitzgerald in the case of Shenon’s reporting on an FBI raid of two Muslim charities accused of supporting terrorism (see December 3-14, 2001). He is also defending two more Times reporters, James Risen and Jeff Gerth, in a privacy lawsuit filed by nuclear scientist Wen Ho Lee, who is accusing the reporters of inaccurate and defamatory reporting. And he is representing Time Magazine reporter Matthew Cooper, who is also facing a subpoena from the Fitzgerald investigation (see October 13, 2004). Abrams has asked Fitzgerald to steer clear of subpoenaing reporters such as Miller and Cooper, fearing the effect those subpoenas might have on investigative reporting if successful. Fitzgerald told Abrams that he had thought through the issue, and was prepared to compel their testimony through the entire judicial system. [Vanity Fair, 4/2006]
US Attorney John McKay of the Western District of Washington State (see October 24, 2001) is told by Tom McCabe of the Building Industry Association of Washington (BIAW) that the recounts in the disputed gubernatorial race for Washington State between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see November 2-30, 2004) revealed forged signatures on provisional ballots. McKay informs Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, and asks Donsanto if his office can open a federal investigation if the allegations only involve a state election. Donsanto advises McKay to take no action until election authorities certify the winner and any court cases stemming from the election have run their course. McKay disagrees with Donsanto’s advice, and directs the FBI to open a preliminary inquiry into the allegations. FBI agents interview McCabe, but neither McKay nor the FBI take further action because the election is not yet certified. McKay advises McCabe to provide any evidence he might have of voter fraud to the local prosecutor, because the complaint involves a state race. When the race is certified in Gregoire’s favor on December 30, cases are immediately filed in state court challenging the results. [US Department of Justice, Office of the Inspector General, 9/29/2008] Around this same time, McKay receives a telephone call from Chris Vance, the chair of the Washington Republican Party, asking about the investigation. McKay cites the prohibition against revealing information concerning an ongoing investigation and refuses to answer Vance’s questions (see Late 2004 or Early 2005). McCabe soon decides that McKay is not pursuing the fraud allegations quickly enough and begins pressuring the White House to fire him (see Late 2004 and July 5, 2005). McKay allows Justice Department agents to examine what he will call the “so-called evidence,” and will recall one agent “laugh[ing] out loud” because the evidence was “that flimsy.” He will recall that he could find no framework to follow in pursuing voter fraud cases. “I was looking for a benchmark,” he will say. “The impression I got [from the Justice Department] was that I should make it up as I went along. The preference, at least as it was expressed from the attorney general’s office, was simply to file as many such cases as possible. I wasn’t willing to do that, certainly not in the gubernatorial race.… [W]as there a conspiracy to steal the election? Absolutely not.” [Iglesias and Seay, 5/2008, pp. 134-135]
Columnist and media observer Allan Wolper notes that while conservative columnist Robert Novak, who outed CIA agent Valerie Plame Wilson apparently at the behest of the White House (see July 14, 2003), continues to “spout… off in his syndicated column, he keeps a secret he would not permit any politician to get away with.” Wolper is writing of Novak’s continued refusal to divulge whether he was subpoenaed by the grand jury investigating the case, or if he testified before that grand jury. Wolper calls it an “untenable ethical position,” and bolsters his position with observations from media ethicists such as Robert Steele, the director of ethics for the Poynter Institute of Media Studies. “If he has a justifiable reason to withhold that information, he should give a reason why,” Steele says. “Otherwise, he is undermining his credibility as an honest broker of ethical journalism. If he were on the other side, he would challenge journalists for not saying anything.” Novak is defended by, among others, Washington Post reporter and assistant managing editor Bob Woodward, who says: “Bob Novak has taken a stand that is supported by many in the press. He is protecting his sources. He has done nothing that is illegal or improper.” (Wolper is unaware as of this writing that Woodward has his own secondary involvement in the case, having been himself told of Plame Wilson’s identity several times before (see June 13, 2003, June 23, 2003, and June 27, 2003).) Wolper notes that while Novak has refused to speak about subpoenas or testimonies, Post reporters Glenn Kessler and Walter Pincus have both given sworn depositions to the grand jury (see June 22, 2004 and September 15, 2004). Wolper writes, “They might have been able to fight off their subpoenas if their lawyers had known whether Novak… had been called by the grand jury.” Aside from Kessler and Pincus, Time reporter Matthew Cooper (see July 17, 2003) testified after being threatened with jail (see May 21, 2004, August 24, 2004, July 6, 2005, and July 13, 2005), and New York Times reporter Judith Miller is facing jail rather than testify (see December 2004). “Novak has an obligation to own up,” Wolper writes. Instead, “Novak continues to live a charmed life in journalism, writing his column and appearing regularly on CNN, where he is never challenged.” CNN media critic Jeff Greenfield says of Novak’s case, “I haven’t thought it through. I don’t want to talk about it, because I have no opinion on it.” Jack Nelson, the retired bureau chief of the Los Angeles Times, says: “This whole thing is really strange. Novak was the guy who wrote the column that exposed the CIA agent, and yet they don’t seem to be going after him.” [Editor & Publisher, 12/1/2004]
Entity Tags: Jack Nelson, Bob Woodward, Allan Wolper, Bush administration (43), Glenn Kessler, Walter Pincus, Robert Steele, Jeff Greenfield, Judith Miller, Valerie Plame Wilson, CNN, Matthew Cooper, Robert Novak
Timeline Tags: Niger Uranium and Plame Outing
President Bush nominates former New York City Police Commissioner Bernard Kerik to head the Department of Homeland Security, replacing outgoing DHS head Tom Ridge. Kerik is a close friend and political ally of former New York Mayor Rudolph Giuliani, who pushed Kerik for the position. Kerik also actively campaigned for Bush in the recent presidential campaign. “Bernie Kerik is one of the most accomplished and effective leaders of law enforcement in America,” Bush says. “In every position, he has demonstrated a deep commitment to justice, a heart for the innocent, and a record of great success. I’m grateful he’s agreed to bring his lifetime of security experience and skill to one of the most important positions in the American government.” Kerik recently returned from a stint in Iraq, where he trained Iraqi police officials (see May 2003 - July 2003). Kerik was also in charge of New York City police activities during the 9/11 attacks (see (After 10:28 a.m.-12:00 pm.) September 11, 2001). Kerik says: “I know what is at stake. On September 11, 2001, I witnessed firsthand the very worst of humanity and the very best.… I saw hatred claim the lives of 2,400 innocent people, and I saw the bravest men and women I will ever know rescue more than 20,000 others.” Bush says of Kerik: “He was there when the Twin Towers collapsed—he knew the faces of the rescuers who rushed toward danger, he attended the funerals for the officers who didn’t come back. Bernie Kerik understands the duties that came to America on September 11. The resolve he felt that morning will guide him every day on his job and every first responder defending our homeland will have a faithful ally in Bernie Kerik.” Congressional Republicans laud Kerik’s nomination. Senator Susan Collins (R-ME), the chair of the Senate Governmental Affairs Committee, which oversees DHS, calls Kerik a “strong candidate” for the post. “He knows first hand the challenges this country faces in guarding against terrorist attacks,” Collins says. House Homeland Security Committee Chairman Christopher Cox (R-CA) calls Kerik “the perfect choice for the job,” and goes on to say: “There is no doubt that Bernie is a strong, no-nonsense manager who is intimately familiar with the homeland security mission. The new standing Committee on Homeland Security will work closely with him to build on the strong foundations laid by Tom Ridge to secure America against terrorism.” Some Democrats, including Senator Charles Schumer (D-NY), also praise Kerik’s nomination. “Coming from New York, Bernie Kerik knows the great needs and challenges this country faces in homeland security,” Schumer says. “He has a strong law enforcement background and I believe will do an excellent job in fighting for the resources and focus that homeland security needs and deserves in our post-9/11 world.” Kerik’s biggest drawback as the choice to head DHS may be his lack of experience in managing a federal bureaucracy, some observers say. Former New York Police Commissioner Howard Safire says of Kerik: “Bernie is a very good operational person, he knows how to run the operation. What he needs to learn and what he’s going to need help with is the Washington bureaucracy.” DHS is an umbrella department overseeing and managing 22 separate federal agencies and some 200,000 employees and contract workers. [New York Times, 12/2/2004; Fox News, 12/3/2004; McClellan, 2008, pp. 245-246] “People here are waiting to find out who this guy is and what changes he’ll bring,” says an anonymous Homeland Security senior official. “He’s really an unknown factor here in Washington.” [New York Times, 12/4/2004] In 2008, Scott McClellan, the current White House press secretary, will describe DHS as “still in its infancy and still struggling to define its identity,” and will call it a “vast, unwieldy agglomeration of dozens of formerly independent agencies, now bundled together under one name, and with a new focus (physical threats to the American ‘homeland’) that sometimes contradicted the old mandates. Homeland Security was hampered by bureaucratic infighting, incredibly complex coordination challenges, and slumping employee morale.” [McClellan, 2008, pp. 245-246] Less than two weeks later, Kerik will withdraw his name from consideration, ostensibly over a problem with an illegal immigrant he hired to babysit his children (see December 13, 2004), though some believe his withdrawal is spurred by the media’s interest in his business dealings (see December 9-10, 2004).
Daniel Levin, the outgoing chief of the Justice Department’s Office of Legal Counsel (OLC—see Late 2004-Early 2005), sends a memo to Deputy Attorney General James Comey. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it provides legal advice on communications between defense attorneys and detainees in combatant status review tribunals. [ProPublica, 4/16/2009]
President Bush signs into law the 2005 Consolidated Appropriations Act 2005 setting a $338 billion budget for “Foreign Operations, Export Financing, and Related Programs.” Section 574 of the Act (see August 2, 2002) blocks the distribution of economic aid to countries that are party to the Rome Statute (see July 17, 1998) and have not signed “Article 98” agreements (see August 2002-July 1, 2003) with the US. The provision states: “None of the funds made available in this Act in title II under the heading `Economic Support Fund’ may be used to provide assistance to the government of a country that is a party to the International Criminal Court and has not entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in such country.” [Washington Post, 11/26/2002; US Congress, 11/20/2004; Seattle Post-Intelligencer, 12/3/2004]
Some are quietly expressing criticism or a lack of surety about the recent nomination of former New York Police Commissioner Bernard Kerik to head the Department of Homeland Security (DHS—see December 3, 2004). The New York Times questions Kerik’s qualifications for the post and what it calls “some troubling parts of his record.” The Times says, “A homeland security secretary should be above politics and respectful of civil liberties,” and that Kerik is neither, as he campaigned for the reelection of President George W. Bush, and suggested that criticism of the Iraq War was tantamount to aiding the enemy, and that the election of Kerry would result in a terrorist attack. It is also unclear why Kerik abruptly left Iraq in the summer of 2003, just when he should have been settling into his new job of training security forces (see May 2003 - July 2003). The Times says the public should know more about Kerik’s duties at Giuliani-Kerik LLC, a consulting firm Kerik operates with former New York Mayor Rudolph Giuliani, and raises questions about potential conflicts of interest: “Mr. Kerik should offer assurances that former clients and colleagues will not get preferential treatment. He has had difficulty with ethical lines in the past. In 2002, he paid a fine for using a police sergeant and two detectives to research his autobiography.” The Times also notes Kerik’s “enormously profitable” stint as a board member of Taser International, the stun-gun manufacturer, saying this deserves scrutiny. [New York Times, 12/9/2004] Kerik will be doing business with some of the firms that made him wealthy, Times reporter Eric Lipton observes, particularly Taser International, even though he has promised to resign from that firm’s board of directors and sell his remaining stock if he is confirmed as DHS secretary. The price of Taser stock has risen sharply in recent months, largely because Kerik has done an excellent job of pitching the company’s product to police departments around the country. Kerik has also led the push to bring federal business to Taser, including contracts offered by DHS. Taser president Thomas Smith says: “Anyone in a federal law enforcement position is a potential customer. And we are going to continue to go after that business.” Kerik refuses to discuss his position with Taser with the press. Bush administration spokesman Brian Besanceney promises Kerik will adhere to “the highest ethical standards” and ensure there are no conflicts of interest. “In order to avoid even an appearance of a conflict, he will comply with all ethics laws and rules to avoid acts that might affect former clients or organizations where he served as a director,” Besanceney says. Under Kerik, the New York Police Department became one of the first departments in the country to purchase large amounts of Taser stun guns. [New York Times, 12/10/2004]
Bernard Kerik, the former New York City police commissioner, withdraws his name from consideration to become the nation’s next head of the Department of Homeland Security (DHS—see December 3, 2004). Kerik says he found information showing that a woman he had hired as a housekeeper and nanny was an illegal immigrant; DHS oversees the Immigration and Customs Enforcement (ICE) agency. Kerik says that the discovery prompted him to withdraw his name from consideration. In a letter to President Bush, Kerik writes that although it is “the honor of a lifetime” to be nominated to head the department, “I am convinced that, for personal reasons, moving forward would not be in the best interests of your administration, the Department of Homeland Security, or the American people.… I uncovered information that now leads me to question the immigration status of a person who had been in my employ as a housekeeper and nanny. It has also been brought to my attention that for a period of time during such employment required tax payments and related filings had not been made.” He says that he cannot allow personal matters to “distract from the focus and progress of the Department of Homeland Security and its crucial endeavors.”
Questionable Stock Transactions May Be behind Kerik's Withdrawal - Some Democrats believe that the real reason for Kerik’s withdrawal may be questions about his involvement with Taser International, a stun gun company that does business with DHS; Kerik recently made $6.2 million by exercising stock options in that firm (see December 9-10, 2004). Kerik’s close friend and business colleague, former New York Mayor Rudolph Giuliani, says of Kerik’s choice: “I’m disappointed that this had to happen, but I think it’s the right decision, the only decision given the kind of issue that’s involved here. I don’t think this would be as major an issue if it were a different department of government.… When an issue like this emerges, it makes it impossible to go forward.” Kerik’s lawyer, Joseph Tacopina, says Kerik is the one who decided to withdraw his name. “It was Bernie Kerik who uncovered this [the information about the nanny] on his own. He brought it to the White House,” says Tacopina. “He wanted to put the country first. He didn’t want to distract the president and distract the important mission that Homeland Security has.” As he withdraws his name from consideration, Kerik has still not completed his ethics filings, which will disclose his sources of income and financial liabilities, and the FBI has not yet completed its background investigation of him. [Associated Press, 12/13/2004; New York Times`, 12/13/2004] A Democratic Senate staff member says he is unsure whether the nanny issue is the only reason why Kerik withdrew his name from consideration. “Multiple media organizations were pursuing multiple stories” that would be potentially damaging to Kerik, the staffer says. Because many of these questions had not yet been answered by the administration, “fundamentally, he was a bad pick.… The process worked here.” [New York Times, 12/12/2004] The press has begun looking into other aspects of Kerik’s financial life, including the possibility that Kerik, while serving as police commissioner, helped a close friend, Frank DiTommaso, with suspected ties to the Gambino crime family get a construction license from the city in return for over $7,000 in cash and gifts. DiTommaso denies having any ties to organized crime, but city regulators later denied the license, citing their suspicions of just such ties. The White House denies knowing about any such connections between Kerik and DiTommaso. [New York Times, 12/13/2004] Other ethical, financial, and perhaps criminal questions surround Kerik’s withdrawal, though they will not surface until months or years later. [McClellan, 2008, pp. 245-246]
Kerik Unqualified for Position? - The New York Press’s editorial staff writes that Kerik was never qualified for the job, and that his candidacy is built upon what the editorial staff calls “the myth of Rudy Giuliani and 9/11.… The Rudy-9/11 myth is crucial to Kerik’s nomination, because without this myth there is no Rudy the National Player, and without Rudy the National Player there is no nomination of brusque outsider Bernie Kerik to a major cabinet post in Washington.” Kerik himself, the Press notes, is a senior vice president at Giuliani Partners LLC, where his reputation and manner help sell security-related products: “Because Kerik was acting chief of police when the planes slammed into the towers, and because Kerik embodies the Rudy myth by association, he is a golden moustache on the terror-business circuit, where he tells corporations and government agencies that another attack is on the way—especially if Democrats are in power—and that Nextel (or whoever) is the company to help them prepare for it.” Nothing in Kerik’s career, the Press observes, has prepared him to lead a sprawling federal bureaucracy, nor does he have any grounding in the world of international intelligence, “a critical field of knowledge for the incoming secretary.” The Press writes: “Homeland Security is meant to act as the ‘fusion center’ for all US intelligence operations. Whatever Kerik knows about this stuff, he likely gleaned from [action novelist] Tom Clancy.” [New York Press, 12/14/2004]
Media Did Its Job in Exposing Kerik's Flaws - In 2008, Scott McClellan, the current White House press secretary, will write: “After Bush nominated Kerik for secretary of Homeland Security… revelations about his behavior began flying. This was one episode in which the media illustrated the vital role the press can play in uncovering genuine malfeasance by public officials. Frankly, the media did a better job of vetting Bernard Kerik than the Bush administration did. Kerik was left with no choice but to resign.” [McClellan, 2008, pp. 245-246]
Entity Tags: Giuliani Partners, George W. Bush, Bernard Kerik, US Immigration and Customs Enforcement, US Department of Homeland Security, Frank DiTommaso, Scott McClellan, New York Press, Taser International, Rudolph (“Rudy”) Giuliani, Joseph Tacopina
Timeline Tags: Civil Liberties
Congress passes a law requiring the director of national intelligence (DNI) to recruit and train women and minorities to be spies, analysts, and translators in order to ensure diversity in the intelligence community. President Bush signs the bill, then issues a signing statement ordering the executive branch—including the DNI—to construe the law in a manner consistent with a constitutional clause guaranteeing “equal protection” for all: a legalistic phrasing designed to sidestep the law. Bush has long been an opponent of any sort of affirmative action program; as recently as 2003, the Supreme Court ruled against the Bush administration’s “equal protection” arguments and in favor of a race-conscious affirmative action program. In his signing statement, Bush advances the “equal protection” argument over affirmative action in spite of the Supreme Court’s rejection of that argument. [Boston Globe, 4/30/2006; Savage, 2007, pp. 240-241]
Navy Secretary Gordon England says that a second detainee reviewed by the Combatant Status Review Tribunal in Guantanamo has been determined not to be an enemy combatant. England does not reveal the man’s name, nationality, information on when or where he was captured, when he was transferred to Guantanamo, or why the tribunal decided to reverse his status. So far, the tribunal has reviewed the statuses of 507 prisoners and made decisions in 230 of the cases. Two hundred fifteen detainees have refused to cooperate. [Reuters, 12/20/2004]
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