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Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. [Weiner, 2007, pp. 297; Washington Post, 4/22/2009] In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. [Washington Post, 4/22/2009]
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” [New York Review of Books, 3/15/2009]
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. [Washington Post, 4/22/2009]
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).
Entity Tags: Mark Danner, John Kiriakou, James Elmer Mitchell, Bruce Jessen, Al-Qaeda, Abu Zubaida, Bush administration (43), Central Intelligence Agency, Convention Against Torture, George Brent Mickum, Geneva Conventions, Federal Bureau of Investigation, Joint Personnel Recovery Agency, International Committee of the Red Cross
Timeline Tags: Torture of US Captives, Complete 911 Timeline
Talat Othman. [Source: Hanania]In the wake of the Operation Greenquest raid on the SAAR network (see March 20, 2002), disgruntled Muslim-American leaders meet with Treasury Secretary Paul O’Neill to complain about the raid. At the time, the Treasury Department had control over the Customs Department, which ran Greenquest. The meeting is arranged by prominent Republican activist Grover Norquist. About a dozen leaders are asked to attend the meeting. O’Neill pledges to look into concerns the leaders have about the raid. [Wall Street Journal, 4/18/2002; Harper's, 3/2004] Those who meet with O’Neill include:
Khaled Saffuri. He is head of the Islamic Institute, a group he co-founded with Norquist to organize conservative Muslims (see 1998-September 2001). The institute accepted $20,000 in donations from the Safa Trust, which was targeted in the raid. The Safa Trust in turn has been funded by Youssef Nada, who had his assets frozen shortly after 9/11 on suspicion on funding al-Qaeda (see November 7, 2001). The institute also received donations from Abdurahman Alamoudi, another target of the raid who will later receive a long prison term (see October 15, 2004). [Wall Street Journal, 4/18/2002; Harper's, 3/2004]
Talat Othman. The Wall Street Journal calls him “a longtime associate and supporter of President Bush’s family who gave a benediction at the Republican National Convention in Philadelphia in August 2000.” He serves on the board of Amana Mutual Funds Trust, an investment firm founded by Yaqub Mirza, the director of most of the organizations targeted in the raid. Amana was not a target of the raid, but two other organization that were raided held large blocks of shares in Amana’s mutual funds. Othman claims to know Mirza only slightly. Othman is also on the board of Saffuri’s Islamic Institute. Further, Othman served on the board of Harken Energy in the late 1980s and early 1990s, at the same time that President Bush did. At the time, Othman represented Saudi businessman Abdullah Bakhsh on Harken Energy’s board, and the investments through Bakhsh were considered essential in saving Harken from bankruptcy. Bakhsh has indirect connections to the notorious criminal bank BCCI (see July 5, 1991), and in 1996 reputedly attended a secret meeting with al-Qaeda representatives, where the attendees agreed to pay al-Qaeda many millions of dollars of protection money (see May 1996). [Wall Street Journal, 12/6/1991; Wall Street Journal, 4/18/2002] Bakhsh will head a subsidiary of Halliburton, the oil services company formerly run by Vice President Cheney. Othman reportedly remains a friend of Bush. [Harper's, 3/2004] Harper’s magazine will note that “large sums of money from the suspect groups have moved through Amana, [yet] Greenquest agents chose not to raid the firm,” and will hint that political influence from Othman and others may have saved Amana from being raided. [Harper's, 3/2004]
Justice Department lawyer Patrick Philbin sends a classified memo to Daniel Bryant, a lawyer with the Justice Department’s Office of Legal Counsel, concerning the “Swift Justice Authorization Act.” The memo states that Congress has no power to interfere with President Bush’s authority to act as commander in chief to control US actions during wartime, including Bush’s authority to promulgate military commissions to try and sentence suspected terrorists and other detainees taken by the US as part of its “war on terror.” Philbin’s colleague, OLC lawyer John Yoo, will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice, 4/8/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ] The memo will be made public in early 2009 (see March 2, 2009).
At a luncheon for Republicans in Connecticut, President Bush boasts of the recent capture of alleged al-Qaeda operative Abu Zubaida (see March 28, 2002). Bush says: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives plotting and planning death and destruction on the United States. He’s not plotting and planning anymore. He’s where he belongs.” [White House, 4/9/2002] Bush is presumably aware that Zubaida is being tortured in Thailand (see Late March 2002 and April - June 2002).
The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 ; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).
[Source: House of Representatives]US Representative Cynthia McKinney (D-GA) calls for a thorough investigation into whether President Bush and other government officials may have been warned of the 9/11 attacks but did nothing to prevent them. She is the first national-level politician to do so. She states: “News reports from Der Spiegel to the London Observer, from the Los Angeles Times to MSNBC to CNN, indicate that many different warnings were received by the administration.… I am not aware of any evidence showing that President Bush or members of his administration have personally profited from the attacks of 9/11.… On the other hand, what is undeniable is that corporations close to the administration have directly benefited from the increased defense spending arising from the aftermath of September 11. The Carlyle Group, Dyn-Corp, and Halliburton certainly stand out as companies close to this administration.” [Atlanta Journal-Constitution, 4/12/2002] McKinney’s comments are criticized and ridiculed by other politicians and the media. For instance, Representative Mark Foley (R-FL) states, “She has said some outrageous things but this has gone too far.… Maybe there should be an investigation as she suggests—but one focused on her.” Senator Zell Miller (D-GA) says her comments were dangerous and irresponsible. [Washington Post, 4/12/2002] An editorial in her home state calls her the “most prominent nut” promoting 9/11 “conspiracy theories.” [Atlanta Journal-Constitution, 4/15/2002] One columnist says she is possibly “a delusional paranoiac” or “a socialist rabble-rouser who despises her own country.” [Orlando Sentinel, 4/21/2002] White House Press Secretary Ari Fleischer says McKinney “must be running for the hall of fame of the Grassy Knoll Society.” [Washington Post, 4/12/2002] One month after McKinney’s comments, the Bush administration comes under fire after reports reveal it had been warned five weeks before 9/11 about possible al-Qaeda plane hijackings, and McKinney claims vindication. She will lose reelection later in the year, but win her seat back in 2004. [Office of Congresswoman Cynthia McKinney, 5/16/2002]
Pentagon psychologist Bruce Jessen, who serves as the Joint Personnel Recovery Agency (JPRA)‘s senior psychologist for its SERE (Survival, Evasion, Resistance, and Escape) training program, releases an internal draft report for reverse-engineering SERE training techniques to be used against enemy detainees. SERE training teaches soldiers to resist torture inflicted on them by enemy captors. Jessen’s report, a follow-up to a previous report authored by him and fellow military psychologist James Mitchell (see January 2002 and After), calls for the creation of a secret “exploitation facility” that would be off-limits to oversight bodies such as the International Committee of the Red Cross, and would be kept clear of reporters. Jessen’s plan also describes the fundamentals of an “enhanced interrogation” methodology. According to a 2009 press report, it advocated techniques “strikingly similar to those that later surfaced at Abu Ghraib and elsewhere: nudity, stress positions, hoods, treatment like animals, sleep disruption, loud music and flashing lights, and exposure to extreme temperatures.” The techniques also include waterboarding, used 266 times against two high-value al-Qaeda detainees (see April 16, 2009 and April 18, 2009). The report notes: “Typically, those who play the part of interrogators in SERE school neither are trained interrogators nor are they qualified to be. Their job is to train our personnel to resist providing reliable information to our enemies.” However, senior JPRA and Pentagon officials will ignore Jessen’s caveats and authorize the application of SERE methods to the interrogations of al-Qaeda detainees (see April - June 2002). Three months later, JPRA will begin training CIA agents in SERE-derived techniques (see July 2002), including a two-day session on waterboarding (see July 1-2, 2002). Shortly after the training sessions, Pentagon general counsel William Haynes will ask JPRA for more information on SERE techniques. Haynes’s deputy, Richard Shiffrin, will later confirm “that a purpose of the request was to ‘reverse engineer’ the techniques.” [Agence France-Presse, 4/22/2009] In 2009, the press learns that Mitchell and Jessen are paid $1,000 a day to train military interrogators (see April 30, 2009).
President Bush explicitly likens US reconstruction efforts in Afghanistan to the successful Marshall Plan that helped rebuild Europe after World War II. At the Virginia Military Institute, where Gen. George Marshall trained a century ago, Bush calls the Marshall Plan “a beacon to light the path that we, too, must follow.” He says that Afghans have felt abandoned before, including by the US at the end of the Afghan war against the Soviets in the 1980s, and says, “We’re not going to repeat that mistake. We’re tough, we’re determined, we’re relentless. We will stay until the mission is done.” He vows to avoid the syndrome of “initial success, followed by long years of floundering and ultimate failure.” The New York Times will later note that that speech is little-noticed in the US but fuels expectations in Afghanistan and bolsters the stature of Hamid Karzai shortly before he is formally chosen to lead the Afghan government. But Bush’s promise will fail to materialize. In the months following the speech, the Bush administration fails to make any detailed reconstruction plan. For the next few years, Afghanistan will end up getting less assistance per capita than post-conflict Bosnia and Kosovo, or even poverty-stricken Haiti. [New York Times, 8/12/2007]
Prince Bandar and President Bush meet at Bush’s ranch in August, 2002. [Source: Associated Press]Crown Prince Abdullah, the de facto ruler of Saudi Arabia, is due to arrive in Houston, Texas, to meet with President Bush at his ranch in nearby Crawford, Texas. Abdullah’s entourage is so large that it fills eight airplanes. As these planes land, US intelligence learns that one person on the flight manifests is wanted by US law enforcement, and two more are on a terrorist watch list. An informed source will later claim that the FBI is ready to “storm the plane and pull those guys off.” However, the State Department fears an international incident. An interagency conflict erupts over what to do. The Wall Street Journal will report in 2003, “Details about what happened to the three men in the end are not entirely clear, and no one at [the State Department] was willing to provide any facts about the incident. What is clear, though, is that the three didn’t get anywhere near Crawford, but were also spared the ‘embarrassment’ of arrest. And the House of Saud was spared an ‘international incident.’” [Wall Street Journal, 10/13/2003] The next day, Osama Basnan, an alleged associate of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar, reports his passport stolen to Houston police. [Newsweek, 11/24/2002] This confirms that Basnan is in Houston on the same day that Crown Prince Abdullah, Prince Saud al-Faisal, and Saudi US Ambassador Prince Bandar meet with President Bush, Vice President Cheney, Secretary of State Powell, and National Security Adviser Rice at Bush’s Crawford ranch. [US-Saudi Arabian Business Council, 4/25/2002] While in Texas, it is believed that Basnan “met with a high Saudi prince who has responsibilities for intelligence matters and is known to bring suitcases full of cash into the United States.” [Newsweek, 11/24/2002; Guardian, 11/25/2002] The still-classified section of the 9/11 Congressional Inquiry is said to discuss the possibility of Basnan meeting this figure at this time. [Associated Press, 8/2/2003] It is unknown if Basnan and/or the Saudi prince he allegedly meets have any connection to the three figures wanted by the FBI, or even if one or both of them could have been among the wanted figures. Basnan will be arrested in the US for visa fraud in August 2002, and then deported two months later (see August 22-November 2002).
Entity Tags: Osama Basnan, Richard (“Dick”) Cheney, Nawaf Alhazmi, Saud al-Faisal, US Department of State, Federal Bureau of Investigation, Condoleezza Rice, Abdullah bin Abdulaziz al-Saud, Bandar bin Sultan, Colin Powell, George W. Bush, Khalid Almihdhar
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
In part due to pressure from Vice President Cheney, the CIA sends a cable to France’s intelligence agency, the Direction Generale de la Securite Exterieure (DGSE), communicating concerns about intelligence suggesting that Iraq is attempting to purchase uranium from Niger. (Another cable had been sent the year before (see Summer 2001).) Specifically, the CIA says it is concerned about an alleged agreement between Iraq and Niger on the sale of 500 tons of uranium that was signed by Nigerian officials. (In an interview with the Los Angeles Times, DGSE official Alain Chouet will note that the details of this agreement matched those of the forged documents.) [Los Angeles Times, 12/11/2005; Unger, 2007, pp. 241] Niger is a former French colony, and the French keep a tight rein on Niger’s uranium production. Hence, the CIA turns to French intelligence to vet the claim of Nigerien uranium going to Iraq. “The French were managing partners of the international consortium in Niger,” former US ambassador Joseph Wilson will later say. “The French did the actual mining and shipping of [uranium].” [Unger, 2007, pp. 208-209] The CIA asks for an immediate answer about the authenticity of the information. [La Repubblica (Rome), 12/1/2005] In response, the DGSE sends its head of security intelligence, Chouet, to look into the uranium deal. The initial information Chouet receives from the CIA is vague, he will later recall, except for one striking detail: Iraq’s ambassador to the Vatican, Wissam al-Zahawie, made an unusual trip to four African countries in 1999, including Niger. CIA analysts fear the trip may have been a prelude to the uranium deal. But Chouet soon learns that the al-Zawahie trip (see February 1999) had not been secret, as the CIA avers, but had been well covered by, among other news outlets, the local Nigerien press. In addition, French, British, and US intelligence had received routine reports on al-Zawahie’s visits. Chouet, head of a 700-person intelligence unit specializing in weapons proliferation and terrorism, sends an undercover team of five or six men to Niger to check on the security of Niger’s uranium. The investigation produces no evidence that al-Zawahie had even discussed uranium with the Nigeriens. [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005; Unger, 2007, pp. 208-209] Chouet will later recall, “[O]nce back, they told me a very simple thing: ‘the American information on uranium is all bullsh_t.’” [La Repubblica (Rome), 12/1/2005] The French summarize the results of their investigation in a series of formal cables they send to CIA offices in Langley and Paris. Chouet will later tell the Times that they communicated their doubts about the claims in no uncertain terms. “We told the Americans, ‘Bullshi_t. It doesn’t make any sense.’” [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005] Choeut’s formal reports to the CIA use less coarse language, but he later describes them as candid. “We had the feeling we had been heard,” he will recall. [Unger, 2007, pp. 241] The DGSE considers the issue closed. [Unger, 2007, pp. 208-209]
Former ambassador Joseph Wilson participates in the annual conference of the American Turkish Council. One of the keynote speakers is Richard Perle, the neoconservative head of the Defense Policy Board and the chief author of the 1996 position paper “A Clean Break,” which argued for the forcible redrawing of the political map of the Middle East (see July 8, 1996). In 1996, Perle had called for the overthrow of the Iraqi government. At the conference, Perle makes the same call. Wilson will later recall being deeply troubled by Perle’s “fire and brimstone” speech. The next afternoon, when Wilson is scheduled to speak, he voices his concerns over Perle’s position. Although he had journeyed to Niger to learn the truth or falsity about the Iraq-Niger uranium claims (see February 21, 2002-March 4, 2002), he has not spoken publicly about Iraq in over a decade. He does so because he urgently feels that Perle’s views need to be countered. “No decision is more important than that to send a nation’s sons and daughters to a foreign land in order to kill and perhaps die for their country,” he will write. “As a democracy, we are all participants in that decision. Not to speak out would amount to complicity in whatever decision was taken.” Wilson tells the assemblage that “if we were prepared to entertain the possibility that in coming year Iraq might be reduced to a chemical, biological, and nuclear wasteland, then we should march in lockstep to the martial music played by Perle; if not, we should think about alternatives to war.” His partner at the podium, former Turkish military commander Cevik Bir, is, Wilson will recall, “even more strident than me in his opposition to military action.” The audience, “largely American and Turkish businessmen, [largely] agreed with us,” Wilson will recall. For his part, Perle has long since departed the conference. Wilson will later write: “As I discovered while debating the issue, the prowar advocates were little inclined to listen to the views of others. They had made up their minds long ago, and now it was a matter of ramming their agenda through the decision-making process.” [Wilson, 2004, pp. 291-292]
The Bush administration, prodded by State Department official John Bolton, refuses to certify that Russia is in compliance with international accords banning chemical and biological weapons. As a result, Russia is no longer eligible for State Department and Defense Department funding for nuclear nonproliferation programs (see January 10, 2001 and After). The Clinton administration harbored similar concerns, but believed that helping Russia secure its loose nuclear weapons and technology was more important than holding Russia in noncompliance in the CBW accords. In related negotiations, Bolton successfully impedes progress in negotiations in a liability agreement with the US over the securing of “loose nukes”; Bolton insists on absolving US government officials, as well as private firms and personnel, of any liability for accidents or even sabotage encountered as part of the nonproliferation programs. The dispute will not be resolved until September 2006. [Scoblic, 2008, pp. 209]
L. Britt Snider, ex-CIA official and the staff director of the 9/11 Congressional Inquiry, resigns. Apparently there were many conflicts between Snider and his own staff, as well as with Congress. It is later revealed the final straw occurred when Snider tried to hire a CIA employee who had failed an agency polygraph test as an inquiry staffer. The hearings were expected to start in late May, but the resignation is one reason why the first public hearings are delayed until September. [Los Angeles Times, 5/2/2002; Los Angeles Times, 10/19/2002] Snider is replaced by Eleanor Hill. She will be widely credited for turning around an inquiry “hampered by infighting, politics, leaks and dueling agendas.” [Miami Herald, 7/14/2002; Washington Post, 9/25/2002]
FBI Special Agent Robert Wright sues the FBI for violating his First Amendment rights, the regulation governing the FBI’s prepublication review policies and procedures, and the Administrative Procedure Act, by failing to clear for publication his book manuscript, two complaints he’d submitted to the Department of Justice Office of the Inspector General (OIG), and his answers to questions posed by New York Times reporter Judy Miller. In October 2001, pursuant to the FBI’s prepublication review policy and his employment agreement, Wright submitted to the FBI a 500-page single-spaced manuscript titled “Fatal Betrayals of the Intelligence Mission.” Generally, agencies are required to complete review within 30 days, barring extenuating circumstances. In early January 2002, the FBI responded, stating that 18 percent of the manuscript contained “classified information; information containing sensitive investigative material and information protected by the Privacy Act.” Wright edited his manuscript to address these concerns and resubmitted it with three binders documenting public sources for the many factual claims, including affidavits and other court documents from his investigations. On November 13, 2001, Wright submitted his two OIG complaints to the FBI’s Office of Public and Congressional Affairs (OPCA) for prepublication review. OPCA responded on January 7, 2002, “taking issue with only 4 percent of the first document and 6 percent of the second.” On January 18, 2002, Wright resubmitted his manuscript with edits. After not receiving clearance to publish or any further response from the FBI, Wright sues in federal court on May 9, 2002. [New York Times, 5/12/2002; Memorandum Opinion: Wright, v. FBI, 7/31/2006] In a May 30, 2002 press conference, Wright will say he began writing the book in August 1999, and adds: “The manuscript outlines the FBI’s intentional, at times, failure, to pursue the terrorists and thereby prevent terrorist attacks. Ironically, I completed the text of the manuscript two days after the September 11th attack. On September 10th, I had all but the last three pages completed.” He will also say that his motive for writing the book was to “[expose] the bureau’s dereliction of duty in the terrorism arena,” that he is “seeking a thorough review and complete ‘house cleaning’ to identify and fix the FBI’s problems,” and that “as a nation we must work together in seeking to regain the confidence level we once had in the FBI to achieve its vital mission of protecting the safety and welfare of its citizens at home and abroad.” [Judicial Watch, 5/30/2002]
The CIA believes that recently captured al-Qaeda operative Abu Zubaida (see March 28, 2002) is withholding “imminent threat information” from his US interrogators. To that end, the CIA sends attorneys from its Office of General Counsel to meet with Attorney General John Ashcroft, National Security Adviser Condoleezza Rice, Rice’s deputy Stephen Hadley, White House counsel Alberto Gonzales, and other senior White House aides to discuss what the Senate Intelligence Committee will later term “the possible use of alternative interrogation methods that differed from the traditional methods used by the US military and intelligence community” (see April 2002). The CIA proposes several “alternative” methods that equate to torture, including waterboarding, for Zubaida. After the meeting, the CIA asks the Justice Department’s Office of Legal Counsel (OLC) to prepare an opinion about the legality of the proposed interrogation methods. The CIA provides the OLC with, in the committee’s words, “written and oral descriptions of the proposed techniques.” The CIA also provides the OLC with information about the medical and psychological effects of the military’s Survival, Evasion, Resistance, and Escape (SERE) training, which trains soldiers how to counter and resist torture and harsh interrogation techniques (see December 2001). [Senate Intelligence Committee, 4/22/2009 ; BBC, 4/23/2009] Meanwhile, the CIA will send Zubaida to Thailand for torture (see March 2002 and April - June 2002).
In the wake of new information on what President Bush knew, Vice President Cheney states, “[M]y Democratic friends in Congress… need to be very cautious not to seek political advantage by making incendiary suggestions, as were made by some today, that the White House had advance information that would have prevented the tragic attacks of 9/11.” He calls such criticism “thoroughly irresponsible… in time of war” and states that any serious probe of 9/11 foreknowledge would be tantamount to giving “aid and comfort” to the enemy. [Washington Post, 5/17/2002] The days later, Cheney adds that he doesn’t “have any problem with a legitimate debate over the performance of our intelligence agencies,” but he has “a real problem with the suggestion that somehow my president had information and failed to act upon it to prevent the attack of Sept. 11.” He calls this “beyond the pale.” On May 21, the on-line newspaper Salon suggests that such pressure “appears to have worked. Democrats are largely chastened in their criticism of the [Bush] administration, and few have criticized attempts to silence them.” [Salon, 5/21/2002]
Senate Majority Leader Tom Daschle (D-SD) says he is “gravely concerned” to learn that President Bush “received a warning in August about the threat of hijackers,” referring to a CBS News report revealing that Bush had been warned about a possible hijacking over a month before the 9/11 attacks (see August 6, 2001). Daschle calls on the White House to provide the classified briefing to Congressional investigators. House Minority Leader Richard Gephardt (D-MO) says, using the language of Watergate investigators, “I think what we have to do now is find out what the president, what the White House knew about the events leading up to 9/11, when they knew it, and, most importantly, what was done about it at the time.” White House deputy press secretary Scott McClellan will later write that, as objectionable as the White House finds these statements, “the Democrat who most aroused the ire of the White House and Republicans was New York’s Democratic senator, Hillary Clinton.” Clinton takes the floor of the Senate and says, “We learn today something we might have learned at least eight months ago: that President Bush had been informed last year, before September 11, of a possible al-Qaeda plot to hijack a US airliner.” She displays a New York Post headline that reads, “BUSH KNEW” (see May 15, 2002) and “9/11 BOMBSHELL.” “The president knew what?” Clinton asks. McClellan will write that he and his White House colleagues are “incensed” at Clinton’s rhetoric: “To us, such grandstanding appeared to be a return to the ugly partisan warfare that had come to define Washington and its culture during the 1990s. Politics as war, the innuendo of scandal, and the egregious implication that the president had deliberately neglected the country’s safety—it was all in service of the November election results. All the familiar elements were there. The story and the partisan accusations that followed provided great controversy for the media to cover.” (In this passage, McClellan fails to note that White House political guru Karl Rove had, months before, advised Bush and Republican candidates to use the war to attack Democrats in the November 2002 elections—see January 2002). McClellan will complain that Clinton “had not even bothered to call [the White House] to find out more about the facts behind the headlines before delivering her speech,” and will note: “To us, the disingenuous way the leaders rushed to create a damning story line about the president and his administration crossed a line. Republicans objected vehemently and aggressively in a counteroffensive led by the White House,” with Vice President Dick Cheney calling the Democrats’ questions “incendiary” (see May 16, 2002) and Bush declaring, “Had we any inkling, whatsoever, that terrorists were about to attack our country, we would have moved heaven and earth to protect America.” Bush adds: “And I’m confident that President Clinton would have done the same thing (see September 7, 2003). Any president would have.” McClellan will call Bush’s statement “a gesture toward the rapidly vanishing spirit of bipartisanship.” He will write that Democrats did not, by themselves, break the bipartisanship that had supposedly reigned before CBS broke the news of the August 6 briefing: “Democrats were responding in part to perceived efforts by Republicans seeking political advantage from the president’s aggressive efforts to wage war against Islamist terrorists,” and will note that in 1998, Republicans accused President Clinton of “wagging the dog”—launching military strikes against Iraq to distract the nation from the Monica Lewinsky scandal (see December 16-19, 1998). [McClellan, 2008, pp. 117-118]
On May 16, 2002, CBS News broke the story that President Bush was given a Presidential Daily Briefing (PDB) one month before 9/11 entitled “Bin Laden Determined to Strike in US” (see May 15, 2002). Some Democratic politicians immediately criticized Bush for not acting on this before 9/11. The next day, White House Communications Director Dan Bartlett tells the Washington Post that such comments by Democrats “are exactly what our opponents, our enemies, want us to do.” The news website Salon comments, “This is the most direct statement by an administration official to date suggesting that dissent aids the enemy.” Senate Minority Leader Trent Lott (R-MS) similarly comments, “For us to be talking like our enemy is George W. Bush and not Osama bin Laden, that’s not right.” [Salon, 5/21/2002]
It is announced that Cofer Black, head of the CIA’s counterterrorism division for the last three years, has been assigned to another position. However, in 2004, six anonymous US intelligence officials will claim that, in fact, Black is removed by Defense Secretary Donald Rumsfeld because Black publicly revealed details of the US military’s failure to capture or kill bin Laden in Tora Bora, Afghanistan, in late 2001. Sources will call Black “very aggressive, very knowledgeable,” in fighting al-Qaeda. According to these sources, after the Tora Bora battle ended, an intelligence analysis determined that bin Laden had been trapped in Tora Bora, and deemed his escape a “significant defeat” for the US. Rumsfeld, however, disagreed with the criticism, and said there was not enough “solid evidence” to come to that conclusion. Black then spoke on deep background to the Washington Post, and on April 17, 2002, the Post called the failure to capture bin Laden “the gravest error in the war against al-Qaeda.”(see April 17, 2002) Rumsfeld learned about Black’s role and used his influence to get him removed. [United Press International, 7/29/2004]
The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. [CNN, 5/20/2002] Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” [Washington Post, 5/22/2002] Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” [USA Today, 5/24/2002] David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/27/2002] Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” [Washington Times, 5/22/2002; Village Voice, 5/23/2002] A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” [Rolling Stone, 9/21/2006 ] Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” [Time, 5/27/2002]
Defense Secretary Rumsfeld says that al-Qaeda operatives are in the US, and “they are very well-trained.” He also says that “terrorist networks have relationships with terrorist states that have weapons of mass destruction, and… they inevitably are going to get their hands on them, and they would not hesitate one minute in using them. That’s the world we live in.” [Suskind, 2006, pp. 121] His comments are part of a wave of ominous warnings by the Bush administration (see May 20-24, 2002) that come just days after it is reported that President Bush was given a warning before 9/11 entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).
A New York Times column by Nicholas Kristof says it’s time to “light a fire under the FBI in its investigation of the anthrax case. Experts in the bioterror field are already buzzing about a handful of individuals who had the ability, access, and motive to send the anthrax.” [New York Times, 5/24/2002] Similarly, the Guardian suggests that the FBI investigation is moving deliberately slow because the federal authorities have something to hide, stating “there is surely a point after which incompetence becomes an insufficient explanation for failure.” [Guardian, 5/21/2002]
White House counsel Alberto Gonzales tells reporters that “the framers of the Constitution, I think, intended there to be a strong presidency in order to carry out certain functions, and [President Bush] feels an obligation to leave the office in better shape than when he came in.” Former Nixon White House counsel John Dean will sharply disagree with Gonzales in 2004. Dean will write, “In fact, the framers intended the exact opposite, and the president did not even have a staff until 1857, and what has become the modern presidency (beyond anything contemplated by the founders) occurred during the presidency of Franklin Roosevelt, with the creation of the Executive Office of the President.” [Dean, 2004, pp. 179]
President Bush says he is opposed to establishing a special, independent commission to probe how the government dealt with terrorism warnings before 9/11. [CBS News, 5/23/2002] He will later change his stance in the face of overwhelming support for the idea (see September 20, 2002), and will then sabotage an agreement reached with Congress to establish a commission. Several years after leaving the White House, current Bush press secretary Scott McClellan will write that the president’s reluctance to open an independent investigation into the 9/11 attacks (see November 15, 2002) was part of a larger penchant for secrecy in the administration. McClellan will write: “Unfortunately, the initial response of the Bush White House to demands by partisan critics in Congress and elsewhere for an independent investigation fueled the firestorm of anger. It was an early indication that the Bush administration did not sufficiently accept the necessity for transparency in its management of the public business. The president and his senior advisers had little appetite for outside investigations. They resisted openness, and believed that investigations simply meant close scrutiny of things they would prefer to keep confidential. Not that anything they’d done had necessarily crossed a legal line; rather, some things done privately might not look so good if disclosed publicly, and might cause political embarrassment for the president.… The Bush administration lacked real accountability in large part because Bush himself did not embrace openness or government in the sunshine. His belief in secrecy and compartmentalization was activated when controversy began to stir.” [McClellan, 2008, pp. 117-118]
A blurry image of the chart Rep. Curt Weldon presented to the Heritage Foundation in 2002.
[Source: Heritage Foundation]During a speech before the Heritage Foundation, Representative Curt Weldon (R-PA) unfurls a chart, which, his comments suggest, was produced by Able Danger. He says it is “the unclassified chart that was done by the Special Forces Command briefing center one year before 9/11. It is the complete architecture of al-Qaeda and pan-Islamic extremism. It gives all the linkages.” However, he does not mention Mohamed Atta or any other 9/11 hijackers during the speech. Video footage of the speech shows the chart, but the picture quality is too poor to determine whether Atta is on it. [NewsMax, 8/29/2005] Weldon later claims to have given up his only copy of the chart showing Atta’s face in late 2001 (see September 25, 2001). [Time, 8/29/2005] In September 2005, Weldon will refer to the chart shown in this 2002 speech and suggest it may not have been the same chart that contained Atta’s face. He also says he cannot find the chart used in the speech anymore. [Office of Congressman Curt Weldon, 9/17/2005]
Bush and Putin at a Kremlin news conference announcing the SORT signing. [Source: September 11 News (.com)]Presidents George W. Bush and Vladimir Putin sign a joint US-Russian treaty, the Strategic Offensive Reductions Treaty (SORT), agreeing to reduce their strategic nuclear arsenals from some 6,000 warheads, respectively, to between 1,700 and 2,200 warheads apiece. Bush allies hail the agreement as evidence of Bush’s willingness to negotiate with other nations and his desire to reduce and perhaps end the threat of mutual nuclear annihilation. However, the treaty is very similar in content to an informal agreement between Presidents Bill Clinton and Boris Yeltsin in 1997. And SORT has far more flexibility built into its framework than either Clinton or Yeltsin had discussed: it does not call for the destruction of delivery vehicles, as the START I and II agreements had (see May 1982 and After), nor does it call for the destruction of warheads themselves, as START III had. In reality, either side can merely remove weapons from missiles and bombers, store them, and redeploy them in the future. Secretary of State Colin Powell will reassure conservative senators in June that “the treaty will allow you to have as many warheads as you want.” Arms reduction opponent John Bolton (see June 2001) approves the treaty, later noting that it “provided ‘exit ramps’ to allow for rapid change.” The treaty—only 500 words long—provides for no verification protocols whatsoever. And, as author J. Peter Scoblic will later write, “in a bit of diplomatic quantum mechanics, the treaty’s warhead limit was slated to take effect on the very day that it expired—December 31, 2012—meaning it would be valid for no more than twenty-four hours.” Scoblic will conclude that the treaty, in line with Bush’s “new strategic framework” (see May 1, 2001), is “still designed to fight nothing less than an all-out nuclear war with Russia.” [Federation of American Scientists, 5/24/2002; Scoblic, 2008, pp. 177-178] Bush sees little need for the treaty, or any treaty, saying that “mutual trust” between the US and Russia should suffice (see July 2001). He agrees to this treaty in what Scoblic later calls a “condescending” manner, saying, “If we need to write it down on a piece of paper, I’ll do that.” Bolton will later call the treaty “the end of arms control.” [Scoblic, 2008, pp. 184]
Nicholas Kristof. [Source: Publicity photo]Columnist Nicholas Kristof writes a series of articles in the New York Times suggesting that Steven Hatfill could be responsible for the 2001 anthrax attacks (see October 5-November 21, 2001). His columns start out vague. In his first column on the subject on May 24, 2002, he speaks of an unnamed “middle-aged American who has worked for the United States military bio-defense program and had access to the labs at Fort Detrick, Maryland. His anthrax vaccinations are up to date, he unquestionably had the ability to make first-rate anthrax, and he was upset at the United States government in the period preceding the anthrax attack.” [New York Times, 5/24/2002] Kristof writes in his next column: “Some in the biodefense community think they know a likely culprit, whom I’ll call Mr. Z. Although the bureau has polygraphed Mr. Z, searched his home twice and interviewed him four times, it has not placed him under surveillance or asked its outside handwriting expert to compare his writing to that on the anthrax letters.” [New York Times, 7/2/2002] His next column suggests Mr. Z could have been behind a fake anthrax scare in 1997 (see April 24, 1997). [New York Times, 7/12/2002] In his final column, he reveals that Mr. Z is in fact Steven Hatfill, the FBI’s prime suspect at the time. Kristof writes: “There is not a shred of traditional physical evidence linking him to the attacks. Still, Dr. Hatfill is wrong to suggest that the FBI has casually designated him the anthrax ‘fall guy.’ The authorities’ interest in Dr. Hatfill arises from a range of factors, including his expertise in dry biological warfare agents, his access to Fort Detrick labs where anthrax spores were kept (although he did not work with anthrax there) and the animus to some federal agencies that shows up in his private writings. He has also failed three successive polygraph examinations since January, and canceled plans for another polygraph exam two weeks ago.” [New York Times, 8/13/2002] Many of the allegations in Kristof’s articles will turn out to be incorrect. The US government will finally clear Hatfill of any connection to the anthrax attacks in 2008 (see August 8, 2008).
Leaders sign the pipeline agreement. [Source: Associated Press]Afghanistan’s interim leader, Hamid Karzai, Turkmenistan’s President Niyazov, and Pakistani President Musharraf meet in Islamabad and sign a memorandum of understanding on the trans-Afghanistan gas pipeline project. [Dawn (Karachi), 5/31/2002; Alexander's Gas & Oil Connections, 6/8/2002] Afghan leader Hamid Karzai (who formerly worked for Unocal) calls Unocal the “lead company” in building the pipeline. [BBC, 5/13/2002] The Los Angeles Times comments, “To some here, it looked like the fix was in for Unocal when President Bush named a former Unocal consultant, Zalmay Khalilzad, as his special envoy to Afghanistan late last year .” [Los Angeles Times, 5/30/2002] Unocal claims that it has no interest in any Afghanistan pipeline after 9/11. However, Afghan officials say that Unocal will be the lead company in funding the pipeline. The Afghan deputy minister of mines comments on Unocal’s claim of disinterest: “Business has its secrets and mysteries. Maybe… they don’t want it to be disclosed in the media.” [Toronto Star, 3/2/2003]
US troops raid two houses near Gardez in the village of Kirmati. Five Afghan men are arrested: Mohammad Naim and his brother Sherbat; Ahmadullah and his brother Amanullah; and Khoja Mohammad. They are tied up, blindfolded, and taken to Bagram. “They threw us in a room, face down,” Naim later recalls. After a while, they are separated and he is taken to another room and ordered to strip. “They made me take off my clothes, so that I was naked.… A man came, and he had some plastic bag, and he ran his hands through my hair, shaking my hair. And then he pulled out some of my hair, some hair from my beard, and he put it in a bag.” Human Rights Watch later says it believes this was done to build a DNA database. Mohammad Naim recalls his treatment as humiliating, especially being photographed naked. “The most awful thing about the whole experience was how they were taking our pictures, and we were completely naked. Completely naked. It was completely humiliating.” Sixteen days later, the five men are released. According to Sherbat, an American apologizes to them and promises they will be receive compensation. “But we never did,” he says a year later. An interpreter gives them the equivalent of 70 US cents to buy tea. When they return, they find their homes looted and most of their valuable possessions gone. On March 10, 2003, almost a year after his release, Ahmadullah says he suffers from continuing anxiety as a result of his experience. “When we were there [at Bagram], I was so afraid they were going to kill me. Even now, having come back, I worry they will come and kill me.… I have to take medication now just to sleep.” [Human Rights Watch, 2004]
The King of Jordan, Abdullah II, visits Washington to discuss the Israel-Palestinian peace process. Abdullah’s visit comes on the heels of Saudi Crown Prince Abdullah’s earlier visit, where he threatened to break off discussions with the US if President Bush refused to deal seriously with the matter (see Spring 2002). Though the Saudi leader seemingly shook up Bush with his unusually direct insistence on American action, Bush appears surprised that the Jordanian king is also concerned with the issue. Bush listens politely to Abdullah’s appeal, and says that the king’s idea of a “road map to peace” sounds reasonable. National Security Council official Flynt Leverett, the head of the NSC’s Mideast affairs division, promises Abdullah that such a “road map” will be drawn up by the end of 2002. No such proposal is ever completed; neoconservatives in the Defense Department (Donald Rumsfeld and Douglas Feith), the Vice President’s Office (John Hannah and Lewis “Scooter” Libby), and the NSC (Elliott Abrams) continue to oppose the idea, calling it nothing but a reward to the Palestinians for “bad behavior” (see December 2001-January 2002). Only if Palestine rejects terrorism and implements democracy will the US enter into negotiations, they insist, regardless of what promises Bush has made. [Esquire, 10/18/2007]
Entity Tags: Office of the Vice President, Donald Rumsfeld, Bush administration (43), Abdullah II ibn al-Hussein, Douglas Feith, Lewis (“Scooter”) Libby, Elliott Abrams, George W. Bush, US Department of Defense, Flynt Leverett, National Security Council, John Hannah
Timeline Tags: US International Relations
A federal advisory committee at the Centers for Disease Control and Prevention (CDC) is preparing to vote on whether to lower the amount of lead exposure considered dangerous to children. The level was last set in 1991, and since then new research has proven that even smaller amounts of lead than previously thought are harmful to children’s cognitive development. The panel is preparing to adjust the level downward, a move that could cost paint and gasoline companies in potential lawsuits. But Tommy Thompson, the secretary of health and human services, intervenes. He abruptly replaces five experts with five new panel members known to be supporters of corporate interests that would be affected by the new regulation—one had testified on behalf of a paint company to his belief that children could withstand exposure to lead far in excess of federal regulations (and established science), and others handpicked by the lead industry. Two have financial ties to the industry. Unsurprisingly, the new panel votes to leave the recommended lead level exposure at its given levels. Until Thompson’s move, panel members had not been chosen for ideological or political reasons, but by career staff. [Savage, 2007, pp. 302]
Veteran AT&T technician Mark Klein (see July 7, 2009) is startled when he receives an email informing him and his colleagues that a representative from the National Security Agency (NSA) will soon arrive to conduct “some kind of business.” Klein works at the Geary Street facility in San Francisco, helping provide Internet, VoIP (voice over Internet Protocol), and data transport between the US and the Far East. Klein and his supervisor, Don Henry, soon learn that one of their colleagues, one of AT&T’s senior “field support specialists” whom Klein will only identify as “Ski,” is to be interviewed by the NSA for a security clearance. Ski is slated to begin working in an NSA-operated “secure facility” at AT&T’s Folsom Street facility in San Francisco. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 22-25] Klein later says of the NSA visit: “That struck me as a little odd to begin with, because I remember from back in the ‘70s, the NSA is not supposed to be doing domestic spying, so what were they doing in an AT&T company office? It struck me as odd, but I didn’t know anything more about it, so I just let it lie and waited for the guy to come.” Klein will later describe the NSA representative as “closemouthed and unsmiling, and he did his business.” Klein decides that the NSA visit was a one-time affair, and he thinks no more of it for the time being. [PBS Frontline, 5/15/2007]
Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]
In May 2002, the CIA began using new torture techniques on captured al-Qaeda leader Abu Zubaida (see Mid-May 2002 and After), and by June senior CIA officials prepare a preliminary report to determine whether Zubaida’s confessions are accurate or not. According to author Gerald Posner, they “found nothing that could definitively prove Zubaida a liar. And they had uncovered some minor corroborating evidence about the times and places of the meetings he had mentioned, which meant he could be telling the truth.” [Posner, 2003, pp. 192] Vanity Fair will later comment that the “CIA would go on to claim credit for breaking Zubaida, and celebrate [James] Mitchell”—the psychologist who devised the torture techniques used on Zubaida by the CIA (see Late 2001-Mid-March 2002, January 2002 and After, and Mid-April 2002)—“as a psychological wizard who held the key to getting hardened terrorists to talk. Word soon spread that Mitchell and [his business partner Bruce] Jessen had been awarded a medal by the CIA for their advanced interrogation techniques. While the claim is impossible to confirm, what matters is that others believed it. The reputed success of the tactics was ‘absolutely in the ether,’ says one Pentagon civilian who worked on detainee policy.” [Vanity Fair, 7/17/2007]
Much Intelligence Comes from His Possessions and FBI Interrogations - However, the reliability of Zubaida’s confessions remains controversial years later, and several factors complicate accessing their impact. For one, it appears that some of his most important confessions took place a month earlier when the FBI was interrogating him using rapport building instead of torture (see Late March through Early June, 2002). What the New York Times calls his two most notable confessions—that Khalid Shaikh Mohammed was the 9/11 mastermind and giving up the name of Jose Padilla, a militant living in the US—appear to come from this earlier period, although some accounts conflict. [New York Times, 6/27/2004; Suskind, 2006, pp. 116-117; New York Times, 9/10/2006; Vanity Fair, 7/17/2007] Furthermore, it is often not clear what was obtained from Zubaida’s confessions and what was obtained from his possessions. Journalist Ron Suskind will later write: “The phone numbers, computers, CDs, and e-mail address seized at Zubaida’s apartment now—a month after his capture—began to show a yield.… These higher-quality inputs were entered into big Cray supercomputers at NSA; many then formed the roots of a surveillance tree—truck to branches to limbs and buds.” [Suskind, 2006, pp. 116-117] So while it is said that information from Zubaida helped lead to the capture of al-Qaeda figures such as Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Omar al-Faruq, and Ahmed Muhammad al-Darbi, it is unclear where this information came from exactly. [Washington Post, 6/27/2004] Additionally, it is not even clear if he provided such leads. For instance, it has been reported that the main break that led to bin al-Shibh’s capture had nothing to do with Zubaida (see June 14, 2002 and Shortly After). [Salon, 9/7/2006]
Zubaida Describes Vague and Unverifiable Plots - By most accounts, Zubaida’s confessions under torture around this time are frustratingly vague. He describes many planned attacks, such as al-Qaeda attacks on US shopping malls, banks, supermarkets, water systems, nuclear plants, apartment buildings, the Brooklyn Bridge, the Statue of Liberty, and more. Red alerts are sounded and thousands of law enforcement personnel are activated each time, but the warnings are too vague to lead to any arrests. Suskind will later comment that Zubaida’s information was “maybe nonsense, maybe not. There was almost no way to tell.” [Suskind, 2006, pp. 115-116, 121] But Suskind will later say more definitively: “[Zubaida] said, as people will, anything to make the pain stop. And we essentially followed every word and various uniformed public servants of the United States went running all over the country to various places that Zubaydah said were targets, and were not. Ultimately, we tortured an insane man and ran screaming at every word he uttered.” [Salon, 9/7/2006] Posner claims that Zubaida provided “false information intended to misdirect his captors.” For instance, “He caused the New York police to deploy massive manpower to guard the Brooklyn Bridge at the end of May , after he told his interrogators that al-Qaeda had a plan to destroy ‘the bridge in the Godzilla movie.’” [Posner, 2003, pp. 191]
Link between Iraq, al-Qaeda - Perhaps the most important claims Zubaida makes, at least from the viewpoint of Bush administration officials, are his allegations of an operational relationship between Iraq and al-Qaeda. Some of Zubaida’s claims will later be leaked by administration officials, particularly his assertion that Osama bin Laden’s ally Abu Musab al-Zarqawi was working directly with Saddam Hussein to destabilize the autonomous Kurdish regime in northern Iraq (see December 2001-Mid-2002, October 2, 2002, and January 28, 2003). A former Pentagon analyst will later say: “I first saw the reports soon after Abu Zubaida’s capture. There was a lot of stuff about the nuts and bolts of al-Qaeda’s supposed relationship with the Iraqi Intelligence Service. The intelligence community was lapping this up, and so was the administration, obviously. Abu Zubaida was saying Iraq and al-Qaeda had an operational relationship. It was everything the administration hoped it would be.” Another Pentagon analyst will recall: “As soon as I learned that the reports had come from torture, once my anger had subsided I understood the damage it had done. I was so angry, knowing that the higher-ups in the administration knew he was tortured, and that the information he was giving up was tainted by the torture, and that it became one reason to attack Iraq.” [Vanity Fair, 12/16/2008]
Zubaida Appears to Be Feeding Interrogators' Expectations - Dan Coleman, the FBI’s top al-Qaeda expert at the time who was able to analyze all the evidence from Zubaida, will later claim that the CIA “got nothing useful from the guy.” [Congressional Quarterly, 12/14/2007] Coleman will say: “The CIA wants everything in five minutes. It’s not possible, and it’s not productive. What you get in that circumstance are captives and captors playing to each other’s expectations, playing roles, essentially, that gives you a lot of garbage information and nothing you can use.” [Suskind, 2006, pp. 114] Given his low position in the jihadist hierachy, Coleman will add, Zubaida “would not have known that if it was true. But you can lead people down a course and make them say anything.” [Vanity Fair, 12/16/2008] Counterterrorism “tsar” General Wayne Downing is apparently intimately involved in Zubaida’s interrogation and will later recall: “[Zubaida] and some of the others are very clever guys. At times I felt we were in a classic counter-interrogation class: They were telling us what they think we already knew. Then, what they thought we wanted to know. As they did that, they fabricated and weaved in threads that went nowhere. But, even with these ploys, we still get valuable information and they are off the street, unable to plot and coordinate future attacks.” [Washington Post, 12/26/2002] In legal papers to prepare for a military tribunal hearing in 2007, Zubaida himself will assert that he told his interrogators whatever they wanted to hear to make the torture stop. [Washington Post, 12/18/2007]
Entity Tags: Abd al-Rahim al-Nashiri, Abu Musab al-Zarqawi, Central Intelligence Agency, Abu Zubaida, Bruce Jessen, Ahmed Muhammad al-Darbi, Federal Bureau of Investigation, Khalid Shaikh Mohammed, Dan Coleman, Jose Padilla, Wayne Downing, Omar al-Faruq, James Elmer Mitchell, Ramzi bin al-Shibh
Timeline Tags: Torture of US Captives, Complete 911 Timeline
According to deputy press secretary Scott McClellan, the White House is in the midst of a large and widespread effort to manipulate public opinion in favor of the impending invasion of Iraq. Writing in 2008, McClellan will note: “[President] Bush and the White House were engaging in a carefully orchestrated campaign to shape and manipulate sources of public approval to our advantage. We’d done much the same on other issues—tax cuts and education—to great success. But war with Iraq was different. Beyond the irreversible human costs and the substantial financial price, the decision to go to war and the way we went about selling it would ultimately lead to increased polarization and intensified partisan warfare. Our lack of candor and honesty in making the case for war would later provoke a partisan response from our opponents that, in its own way, further distorted and obscured a more nuanced reality.… And through it all, the media would serve as complicit enablers. Their primary focus would be in covering the campaign to sell the war, rather than aggressively questioning the rationale behind the war in pursuing the truth behind it. The White House knew the national media would cover its arguments for war even if the underlying evidence was a little shaky. Questions ought to be raised, but the administration had the biggest platform, especially when something as dramatic and controversial as war was at stake. And the public is generally inclined to believe what the White House says, or at least give it the benefit of the doubt until the watchdog media proves it is unreliable. But in this case, the media would neglect their watchdog role, focusing less on truth and accuracy and more on whether the campaign was succeeding.” [McClellan, 2008, pp. 125-126] Writing in hindsight, McClellan will continue: “In the permanent campaign era, it was all about manipulating sources of public opinion to the president’s advantage. Of course, I didn’t see it that way at the time. Like most if not all of those involved, I viewed it as the way things were done to advance the broader agenda—simply part of the way Washington governed. I didn’t pause to think about the potential consequences of our campaign to manipulate the public debate. When you are caught up in the intense day-to-day experience of the White House and Washington, your focus is on winning the daily battles, which makes it extremely difficult to step back and have a clear-eyed perspective on the broader meaning of it all.… Today, the fatal flaws of the administration’s strategy are apparent. Bush’s team confused the political propaganda campaign with the realities of the war-making campaign. We were more focused on creating a sense of gravity and urgency about the threat from Saddam Hussein than governing on the basis of the truths of the situation.” [McClellan, 2008, pp. 134-135]
In an address to the nation, President Bush labels captured Islamist militant Abu Zubaida (see March 28, 2002) as “al-Qaeda’s chief of operations.” He says: “Among those we have captured is a man named Abu Zubaida, al-Qaeda’s chief of operations. From him, and from hundreds of others, we are learning more about how the terrorists plan and operate; information crucial in anticipating and preventing future attacks.” He warns, “[W]e now know that thousands of trained killers are plotting to attack us, and this terrible knowledge requires us to act differently.” [White House, 6/6/2002] This is, presumably, an oblique reference to the torture being inflicted on Zubaida and other detainees by CIA personnel (see April - June 2002). And by this time, senior government officials are aware that many intelligence officials believe that Zubaida’s importance and links to al-Qaeda have been overstated (see Shortly After March 28, 2002 and April 9, 2002 and After).
In a memo to Attorney General John Ashcroft, Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), says that the US has the absolute right to detain US citizen Jose Padilla without charge and without legal representation (see May 8, 2002). Bybee also claims that the Posse Comitatus Act, which prevents the US military from operating inside the US itself, “poses no bar to the military’s operations in detaining Padilla.” [US Department of Justice, 6/8/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ] The day after this memo is issued, Padilla is classified as an “enemy combatant” and transferred to the US Naval Brig in Charleston, South Carolina (see June 9, 2002).
The Heritage Foundation sponsors a celebration of the US’s impending withdrawal from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972 and June 14, 2002). The invitation reads: “ABM: RIP. For 30 years, the Anti-Ballistic Missile Treaty has served to bolster the policy of mutually assured destruction (MAD) and impose crippling restrictions on the nation’s missile defense programs (see March 23, 1983). President Bush, recognizing the inappropriateness of MAD and the policy of vulnerability to missile attack, announced on December 13, 2001 (see December 13, 2001) that the United States is withdrawing from the treaty.” Several hundred conservatives, including senators, House representatives, generals, policy makers, and academics, gather in the caucus room of the Russell Senate Office Building on Capitol Hill, taking part in what one participant calls “a cheerful wake for a flawed treaty.” Author J. Peter Scoblic will write: “The mood was, not surprisingly, buoyant, for ‘flawed’ was really too mild a description for the loathing the assembled crowd felt for the agreement. To the right wing, the ABM Treaty had symbolized everything that was wrong with American foreign policy during the Cold War: negotiating with evil, fearing nuclear war instead of preparing to win it (see Spring 1982 and January 17, 1983), and abandoning faith in American exceptionalism and divine superiority.” [Scoblic, 2008, pp. 157]
The General Accounting Office (GAO) concludes its own investigation of the so-called Clinton “vandal scandal” (see January 26, 2001), and finds that some minor destruction of property did take place within the White House during the final days of the Clinton administration. [New York Times, 6/12/2002]
Keyboards Damaged, Glue on Desks, Graffiti in Restroom, Stolen Plaque - The GAO finds that about $13,000 to $14,000 of damage actually took place; initial reports from Bush administration sources placed the damages at closer to $250,000. Much of that money was spent on replacing computer keyboards, some of which had the “W” key either pried off or defaced. Other damage included glue smeared on desk drawers, derogatory graffiti written on a stall in a White House men’s bathroom, disparaging messages left on telephone answering machines, and signs with satirical or disparaging messages affixed to White House office doors. A file cabinet had a sticker reading “Jail to the Thief” stuck inside one drawer, obviously referring to allegations that President Bush had stolen the 2000 presidential election. And a foot-wide presidential seal went missing from the Eisenhower Executive Office Building. The GAO report notes that similar pranks and property damage were reported during earlier transitions, including the 1993 transition between the first Bush administration and the incoming Clinton administration. “We were unable to conclude whether the 2001 transition was worse than previous ones,” the report says. “Any intentional damage at the White House complex, which is a national treasure, is both inappropriate and a serious matter. The theft of or willful damage to government property would constitute a criminal act.” Representative Bob Barr (R-GA), a Clinton critic who requested the GAO investigation as well as an earlier investigation conducted by the General Services Administration (see May 18, 2001), says of the GAO report, “The Clinton administration treated the White House worse than college freshmen checking out of their dorm rooms.” [New York Times, 6/12/2002; Los Angeles Times, 6/12/2002]
Most Allegations Never Confirmed - Salon correspondent Kerry Lauerman notes that the GAO report is “a far cry from what was promised by Republicans like… Barr.” He asks: “Whatever happened to the looting and trashing Barr said would be documented? The expensive paintings that were supposedly stolen from the White House? The ‘cut wires’ that White House press secretary Ari Fleischer had publicly referred to (see January 25, 2001)? The never-explained ‘porn bombs’ that anonymous GOP sources had complained about? The presidential seals that were stolen, or the historical doorknobs that had been yanked off for souvenirs?” Some of the allegations of missing items, such as the missing seal and antique doorknobs, cannot be demonstrated as the result of theft, but are merely listed as “missing.” And many of the items, such as the antique doorknobs, were not on original inventory lists, but, as Lauerman writes, “suddenly showed up on a White House list compiled in June 2001—based on the months-old ‘recollections’ of staffers—which does not exactly scream reliability” (see June 2-3, 2001). [Salon, 6/13/2002]
Bush White House Demands Further Investigations - Bush officials are reported to be “deeply disappointed” with the report, with White House counsel Alberto Gonzales demanding more details, including the full text of the graffiti and other messages that Gonzales describes as “especially offensive or vulgar.” Gonzales is disappointed that the report did not include, for example, “portions of a sign of a mock Time magazine cover” that was among the prank signs left in the White House, and that apparently contained a profanity. “It is vital to include the substance of specific graffiti, messages and signs observed” in order to fully document the acts of vandalism, Gonzales argues. “The content of a message can—and often does—indicate who wrote the message, and when” and “often provides an insight into the mindset or intention of the person who wrote it.” The GAO responds that such details are “unnecessary and inappropriate.” A Bush administration official accuses the GAO of “undertak[ing] a concerted effort to downplay the damage found in the White House complex.” Lauerman writes: “[I]t’s safe to say that a close reading of the GAO report doesn’t validate the charges of wanton, widespread destruction by the Clinton team. What it does show is the lengths to which the Bush administration went to try to make the scandal charges stick.” [New York Times, 6/12/2002; Salon, 6/13/2002]
Degrees of Cooperation - Democratic National Committee spokeswoman Jennifer Palmieri says: “The real scandal here is how much time and money the Republicans have wasted in a vendetta against the Clinton administration. It’s troubling that the White House cooperated so enthusiastically with this investigation, but refused to provide the GAO with records of the energy task force headed by Vice President Cheney” (see May 16, 2001). Bush spokeswoman Anne Womack responds: “The GAO confirmed that damage was done at the White House. We have considered this matter closed for more than a year. Our focus is on moving forward.” [New York Times, 6/12/2002]
Tremendous Cost of Investigation - Lauerman concludes: “The White House made 78 staffers available for interviews with the GAO, and clearly spent an enormous amount of energy just to try to stick another scandal to the Clintons. (Gonzales’ time alone, billed by the hour, might cost more than the $9,000-plus the GAO blamed on the Clintons.) After 11 months, and an investigation that Democrats told the Washington Post cost $200,000, one somehow expected more. Now that all the facts are in, it seems pretty clear which administration should get the blame for the White House vandal scandal.” [Salon, 6/13/2002]
Entity Tags: Alberto R. Gonzales, Anne Womack, Bush administration (43), Ari Fleischer, Robert “Bob” Barr, Clinton administration, General Services Administration, Kerry Lauerman, George W. Bush, Jennifer Palmieri, General Accounting Office
Timeline Tags: Domestic Propaganda
Sudan arrests an unnamed al-Qaeda leader who has confessed to firing a missile at a US plane taking off from Prince Sultan Air Base, Saudi Arabia, in May 2002. Saudi Arabia had failed to arrest him. This is just the latest in a series of events where “some countries long deemed key US allies—such as Saudi Arabia—are considered less than helpful in the war against terror, while other states remaining on the US State Department’s blacklist of terrorist sponsors, such as Syria and Sudan, are apparently proving more cooperative than their pariah status would suggest.” The US hasn’t been given access to al-Qaeda members arrested by Saudi Arabia, and “concerns over the Saudi authorities’ ‘unhelpful’ stance are increasing.” [Jane's Intelligence Review, 7/5/2002]
Several members of Congress submit a list of 50 questions to Attorney General Ashcroft, asking him how the Patriot Act is being implemented (see October 26, 2001). [New York Times, 7/14/2002] For instance, they ask, “How many times has the department requested records from libraries, bookstores and newspapers? How many roving wiretaps has the department requested?” Ashcroft refuses to answer many of the questions, even though he is legally required to do so. [San Francisco Chronicle, 9/8/2002] Senate Judiciary Committee Chairman Patrick J. Leahy (D-VT) fails to receive any response to dozens of letters he writes to Ashcroft, and other senators complain of a complete stonewall from Ashcroft. [Washington Post, 8/21/2002] In March 2003, senators continue to complain that Ashcroft still has not provided the oversight information about the Patriot Act that he is required to give by law. [ABC News, 3/12/2003]
Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).
Entity Tags: National Security Agency, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Al-Qaeda, Dana Bash, Michael Hayden, Richard Shelby, Senate Intelligence Committee, USA Today, Washington Post, Porter J. Goss, Richard (“Dick”) Cheney, Fox News
Timeline Tags: Complete 911 Timeline, Civil Liberties
Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]
Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas
Timeline Tags: Complete 911 Timeline, Civil Liberties
Internal FBI documents show that Thomas Kelley, in charge of matters relating to the FBI in the 9/11 Congressional Inquiry, blocked an inquiry into the FBI’s role in Waco. For instance, an internal FBI memo from December 2000 states that Kelley “continued to thwart and obstruct” the Waco investigation to the point that a special counsel was forced to send a team to search FBI headquarters for documents Kelley refused to turn over. [Washington Post, 6/22/2002]
G. Gordon Liddy discussing the lawsuit from Ida Maxine Wells. [Source: Associated Press]Former Democratic National Committee (DNC) secretary Ida Maxine Wells, whose DNC office was burglarized as part of the Watergate conspiracy (see 2:30 a.m.June 17, 1972), sues convicted Watergate burglar G. Gordon Liddy for defamation of character. “It’s definitely deja vu,” says Wells, who is now the dean of liberal arts at a Louisiana community college. Wells is suing Liddy, now a conservative talk radio host, over comments he made in speeches in 1996 and 1997. Liddy told his audiences that Watergate was really about a ring of prostitutes being run out of the Watergate offices of the DNC. (Liddy was behind a widely discredited 1991 book, Silent Coup, that made similar charges—see May 6, 1991.) Liddy said that Wells kept pictures of a dozen scantily-clad prostitutes in her desk drawer, presumably to display to potential clients. Wells has filed the suit before; a judge threw it out, but an appeals court reinstated it. The first time the suit went to trial, it resulted in a hung jury. A circuit court has allowed Wells to refile the case. Liddy’s lawyers are using a First Amendment freedom of speech defense. If Wells wins, Liddy says, “people will not be able to talk about this theory anymore. And it’s a theory that makes sense to a lot of people.” No one should be prevented from “speaking out about history, particularly when he’s repeating the published literature.” Liddy’s attorneys are advancing Liddy’s claim that the burglary was an attempt to “get sexual dirt to use against the Democrats.” One piece of evidence they show jurors is a documentary about Watergate that originally aired on the A&E network that claims no motive for the burglary has ever been confirmed. The documentary includes an interview with one of the Washington, DC police officers who arrested Liddy, Carl Shoffler, who says in the interview that he found a key to Wells’s desk in the pocket of one of the burglars. “We wouldn’t be sitting around again with all the puzzling and all the mysteries had we taken the time to find out what that key was about,” Shoffler said. Shoffler has since died. [Associated Press, 1/1/2001; Washington Post, 6/25/2002]
Sam Francis, a white supremacist and syndicated columnist (see September 1995), accuses Mexico of attempting to “reconquer” portions of the United States by encouraging waves of illegal immigrants to “invade” America, with the support of Mexican police and military troops. He writes that Mexico, which he calls “a dangerous state somewhat closer to home,” is engaged in “what can only be called low-intensity warfare” by sending immigrants to the US. Francis applauds the efforts of Representative Tom Tancredo (R-CO), who has made a national reputation as an anti-immigration lawmaker, to document the stories of “Mexican troops and police crossing the border” and attacking US Border Patrol authorities under the guise of attempting to capture fleeing drug traffickers and illegal aliens. Francis writes: “The reason the Mexicans want their troops and cops to stir up border violence against us is that they think there is no border, that what’s on the other side of it—namely, our country—belongs to them.… The compadres in Mexico City view mass emigration to El Norte as a good way to get rid of people for whom their own economy and society can’t provide as well as the advance team of what can only be called colonization. Put more precisely, the Mexican government isn’t worried about mass emigration because in its eyes, the Mexicans aren’t really leaving Mexico anyway. They’re just establishing new provinces. The Mexican government may not want to announce it publicly, but what it is doing is managing the conquest (they’d say the re-conquest, La Reconquista) of the United States through the displacement of one population by another. The displacement has been going on for decades now and in some parts of the Southwest (excuse me, Mexico) is almost complete. In some areas only Spanish is spoken. In others, federal enforcement of immigration laws is not allowed. In all of them, Mexicans remain Mexicans while Americans are pushed out.” Francis calls on President Bush to “defend his own country against the invasion from Mexico,” but says any such action is unlikely: “Mr. Bush is far too busy waging a useless war in Afghanistan and pandering to Hispanic voters to take much interest in the invasion and conquest of his own country.” Francis’s columns are provided to a national audience by Creators Syndicate. [VDare (.com), 6/24/2002]
John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to Daniel J. Bryant, another OLC lawyer. Yoo concludes that the Constitution “vests full control of the military operations of the United States to the president,” and denies Congress any role in overseeing or influencing such operations. The memo is consisent with an earlier Justice Department memo (see April 8, 2002). Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice`, 6/27/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ] The memo ignores the Non-Detention Act, which states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.” [ProPublica, 4/16/2009] It will be made public in early 2009 (see March 2, 2009).
The Defense Intelligence Agency (DIA) issues a report that concludes, “[C]ompelling evidence demonstrating direct cooperation between the government of Iraq and al-Qaeda has not been established, despite a large body of anecdotal information.” [Center for Public Integrity, 1/23/2008]
A new interrogation unit arrives at the Bagram Collection Point (BCP), the improvised interrogation and holding facility at Bagram Air Force Base (see October 2001). The unit is headed by Lieutenant Carolyn Wood (see January 22, 2003-May 8, 2003), who leads a 13-man unit from the 525th Military Intelligence Brigade at Fort Bragg, NC. Wood’s unit is augmented by six Arabic-speaking reservists from the Utah National Guard. Many in the group, consolidated under Company A of the 519th Military Intelligence Battalion, are counterintelligence specialists with no background in interrogation. Only two of the soldiers have ever questioned actual prisoners. The training they receive is ad hoc and minimal. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, will later tell investigators, “There was nothing that prepared us for running an interrogation operation” like the one at Bagram. Nor are the rules of engagement clear. The platoon uses the standard interrogations guide, Section 34-52 of the Army Fleld Manual, and an order from Defense Secretary Rumsfeld to treat prisoners “humanely” and, when possible, within the strictures of the Geneva Conventions. But when President Bush determines in February 2002 that the Conventions do not apply to Taliban and al-Qaeda captives (see February 7, 2002), the interrogators decide they “could deviate slightly from the rules,” in the words of Utah reservist Sergeant James Leahy. “There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists,” Leahy will tell Army investigators. And the detainees, senior intelligence officers say, are to be considered terrorists until proved otherwise. One group of soldiers is later dubbed “the Testosterone Gang”; they decorate their tent with a Confederate flag, spend large amounts of time bodybuilding, and quickly earn a reputation as some of the most brutal of the soldiers at Bagram. [New York Times, 5/20/2005]
US military instructor Joseph Witsch, who is helping craft “extreme” methods of interrogation—torture—for use against captured terror suspects, acknowledges that some of the techniques being developed come from torture inflicted on captured US servicemen in previous conflicts, including those used by Chinese interrogators against US soldiers captured during the Korean War (see December 2001). “We can provide the ability to exploit personnel based on how our enemies have done this type of thing over the last five decades,” Witsch writes in a classified memo. [Washington Post, 4/22/2009]
Joint Personnel Recovery Agency logo. [Source: US Air Force]The Joint Personnel Recovery Agency (JPRA), the Pentagon agency tasked with advising the Defense Department on the use of harsh interrogation techniques—torture—against suspected terrorists in US custody (see December 2001), sends an unsigned memo to the Pentagon’s chief counsel, William Haynes, advising him that the use of such methods would constitute “torture,” and would produce “unreliable information” from torture victims.
Memo Warned of Torture Would Produce Bad Information - “The requirement to obtain information from an uncooperative source as quickly as possible—in time to prevent, for example, an impending terrorist attack that could result in loss of life—has been forwarded as a compelling argument for the use of torture,” the document reads. “In essence, physical and/or psychological duress are viewed as an alternative to the more time-consuming conventional interrogation process. The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate information. History and a consideration of human behavior would appear to refute this assumption.” The key deficiency of physical or psychological duress is the reliability and accuracy of the information gained, the memo says. “A subject in pain may provide an answer, any answer, or many answers in order to get the pain to stop.” The memo also warns that the use of torture by the US could influence US enemies to torture American captives: “The unintended consequence of a US policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured US personnel.” It concludes that “the application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably the potential to result in unreliable information.” The word “extreme” is underlined.
Also Sent to CIA - Besides Haynes, the memo is forwarded to the Pentagon’s Office of the General Counsel, and apparently to CIA chief counsel John Rizzo and the Justice Department. It is unclear whether high-ranking White House officials will see the document.
One of Many Warnings - JPRA chief of staff Daniel Baumgartner will later say that the agency “sent a lot of cautionary notes” regarding harsh techniques. “There is a difference between what we do in training and what the administration wanted the information for,” Baumgartner will tell a reporter in 2009. “What the administration decided to do or not to do was up to the guys dealing with offensive prisoner operations.… We train our own people for the worst possible outcome… and obviously the United States government does not torture its own people.”-
Senator Says Memo Suppressed - After the memo becomes public knowledge as part of a Senate report on Bush administration torture decisions (see April 21, 2009), Senator Carl Levin (D-MI), the chairman of the Armed Services Committee, will say that he believes the memo was deliberately ignored and perhaps suppressed. Levin will call the memo’s treatment “part of a pattern of squelching dissent.” A Bush administration official will later say of the memo: “That information was not brought to the attention of the principals. That would have been relevant. The CIA did not present with pros and cons, or points of concern. They said this was safe and effective, and there was no alternative.” The memo conflicts with proposals from two JPRA psychologists heavily involved in creating a program of harsh interrogation tactics (see January 2002 and After). [Joint Personnel Recovery Agency, 7/2002 ; Washington Post, 4/25/2009]
Instructors from the Joint Personnel Recovery Agency (JPRA), which oversees the military’s Survival, Evasion, Resistance, and Escape (SERE) training program, conduct a training seminar for intelligence officials. JPRA officials, including senior psychologist Bruce Jessen, have proposed a set of interrogation procedures that amounts to torture (see January 2002 and After and April 16, 2002), and the JPRA instructors are now training CIA and other agency officials in those procedures. Two JPRA legal advisers tell the group that such harsh interrogation methodologies are already deemed acceptable, even though the Justice Department has not yet issued such approval (see August 1, 2002). The lawyers tell the seminar participants, “They [interrogators] could use all forms of psychological pressure discussed, and all the physiological pressures with the exception of the ‘water board.’” The lawyers say that waterboarding might also be permitted, but interrogators “would need prior approval.” [Washington Post, 4/22/2009] During the seminar, CIA agents are given two days of training in waterboarding (see July 1-2, 2002). In 2009, the media learns that Jessen and his partner, James Mitchell, are paid $1,000 a day for the training (see April 30, 2009).
President Bush issues a statement strongly supporting “prodemocracy” forces in Iran, whose stated goal is to overthrow the current Iranian regime. In response, Iranian president Mohammad Khatami, considered a moderate by most Westerners, calls Bush a “warmongerer.” [Scoblic, 2008, pp. 247]
Officials from the Pentagon’s Joint Personnel Recovery Agency (JPRA) conduct a two-day seminar with select CIA interrogators and other agents on the methodologies of waterboarding. The JPRA officials are instructors in the SERE (Survival, Evasion, Resistance, and Evasion) program, which teaches US soldiers how to resist torture. SERE instructors are not trained interrogators, and the SERE techniques, originally based on Chinese Communist methods used to force false confessions from American prisoners during the Korean War (see Mid-April 2002 and July 2002), have never been shown to produce reliable information from their victims. [Agence France-Presse, 4/22/2009]
The Justice Department announces that only 74 of the 752 people detained on immigration charges after 9/11 are still in US custody. By December, only six of them will remain in custody (see December 11, 2002). Hundreds more were detained on other charges or as material witnesses, but no numbers pertaining to them have been released. 611 were subject to secret hearings. Senator Carl Levin (D-MI), who had requested the figures, says, “It took the Justice Department more than three months to produce a partial response to my letter.” But the answers raise “a number of additional questions, including why closed hearings were necessary for so many people.” Though many were held for months, “the vast majority were never charged with anything other than overstaying a visa.” [New York Times, 7/11/2002] All the deportation hearings for these people have been held in secret as well. Some say the government is cloaking its activities out of embarrassment, because none of these people have turned out to have any ties to terrorism. [New York Times, 7/11/2002; Detroit Free Press, 7/18/2002]
CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). [Senate Intelligence Committee, 4/22/2009 ] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).
Conservative pundit and author David Horowitz labels the NAACP and civil rights leaders Jesse Jackson and Al Sharpton “racists,” in an op-ed defending an author who has called for “racial purity.” Horowitz writes an op-ed for his Web-based magazine Front Page that defends Samuel Jared Taylor, the founder and editor of American Renaissance magazine; Taylor and his magazine have been described by the Anti-Defamation League as promoting “genteel racism,” using “pseudoscientific, questionably researched and argued articles that validate the genetic and moral inferiority of nonwhites and the need for racial ‘purity.’” In defending Taylor and American Renaissance, Horowitz writes: “There are many who would call Jared Taylor and his American Renaissance movement ‘racist.’ If the term is modified to ‘racialist,’ there is truth in the charge. But Taylor and his Renaissance movement are no more racist in this sense than Jesse Jackson and the NAACP. In my experience of Taylor’s views, which is mainly literary (we have had occasion to exchange opinions in person only once), they do not represent a mean-spirited position. They are an attempt to be realistic about a fate that seems to have befallen us (which Taylor would maintain was inevitable given the natural order of things). But Jared Taylor is no more ‘racist’ in this sense than any university Afro-centrist or virtually any black pundit of the left. He is not even racist in the sense that Jesse Jackson and Al Sharpton are racist. He is—as noted—a racialist, which Frontpagemag.com is not.” At some point after publishing the op-ed, Horowitz will delete it, but it is quoted in a December 2004 article by progressive media watchdog organization Media Matters. Horowitz does not clarify the term “racialist,” though he has used it to disparage those who disagree with him (see March 15, 2002). [Media Matters, 12/1/2004]
After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]
CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 ; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).
The British Cabinet Office issues an eight-page briefing note to prepare officials for an upcoming meeting (see July 23, 2002) on Britain’s role in the United States’ confrontation with Iraq. The paper, titled “Conditions for Military Action,” addresses a number of issues including US invasion and post-war planning, legal justification for the use of military force, and what the US and British hope to achieve through “regime change.” [United Kingdom, 7/21/2002; London Times, 5/2/2005; Newsweek, 6/15/2005]
British support for use of military force against Iraq - The briefing summarizes the main points of Prime Minister Tony Blair’s April meeting (see April 6-7, 2002) with President Bush, recalling that Blair pledged British support for “military action to bring about regime change” as long as “certain conditions” were met. Blair told Bush that the US and Britain would have to first develop a strategy to build a coalition and “shape public opinion.” Additionally, Britain would prefer that all “options for action to eliminate Iraq’s WMD through the UN weapons inspectors [are] exhausted” and that the Israel-Palestine crisis be quiescent before going to war against Iraq. [United Kingdom, 7/21/2002]
US objectives in Iraq - The briefing paper reports that US military planners see the removal of Saddam Hussein as the primary objective, to be “followed by [the] elimination of Iraqi WMD [weapons of mass destruction].” The briefing notes that within the British government there are doubts that “regime change,” by itself, would be sufficient to gain control over any WMD present in Iraq. [United Kingdom, 7/21/2002]
Creating conditions necessary for legal justification - Noting that “US views of international law vary from that of the UK and the international community,” the briefing paper makes it clear that the British government believes “[r]egime change per se is not a proper basis for military action under international law.” Because Blair told Bush in April that the British would support military action against Iraq, it will be necessary develop a realistic political strategy that would involve, among other things, working with the US to create “the conditions necessary to justify government military action.” It is suggested in the briefing note that an Iraqi refusal to cooperate with weapons inspections could help create such conditions. Saddam Hussein would “likely” agree to admit inspectors and allow them to operate freely during the first six months of inspections when UNMOVIC is in the process of establishing a monitoring and verification system. After this point, the briefing notes, Hussein would probably begin limiting cooperating with inspectors. This would likely not occur until January 2003. Another alternative—one that would provide a legal basis for “regime change” much sooner—is that “an ultimatum could be cast in terms which Saddam would reject… and which would not be regarded as unreasonable by the international community.” [United Kingdom, 7/21/2002; London Times, 5/2/2005; Guardian, 5/2/2005; Daily Telegraph, 5/4/2005; Los Angeles Times, 5/12/2005]
US invasion plan - According to the briefing paper, US military planners seem to favor an invasion plan that would provide a “running start” to the ground invasion. It would consist of “[a]ir strikes and support for opposition groups in Iraq [that] would lead initially to small-scale land operations.” It would likely begin around November 2002 “with no overt military build-up,” followed by the ground invasion that could commence as early as January 2003. The other option under consideration is the “generated start” plan, which would involve a longer build-up. [United Kingdom, 7/21/2002; London Times, 5/2/2005]
US post-war plan - The briefing paper notes that US “military planning for action against Iraq is proceeding apace”
—but with “little thought” to issues such as “the aftermath and how to shape it.” It predicts that a “post-war occupation of Iraq could lead to a protracted and costly nation-building exercise.” The Pentagon’s plans “are virtually silent on this point,” the document notes, warning of the possibility that “Washington could look to [the British] to share a disproportionate share of the burden.” [United Kingdom, 7/21/2002; Washington Post, 6/12/2005]
John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 ; ProPublica, 4/16/2009]
Erich Josef Gliebe. [Source: Cleveland Scene]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978) dies of cancer. He is replaced by Erich Josef Gliebe, a former boxer who runs Resistance Records, the Alliance-allied white power music label (see Late 1993 and Summer 1999), and publishes the label’s associated magazine, Resistance. Gliebe’s father was a member of the German Army during World War II, and Gliebe says he grew up “racially conscious.”
Plans for Alliance after His Death - Pierce dies unexpectedly, but had long cited his failing health and advancing age as causes for concern, and said the Alliance must not make the mistakes of earlier white supremacist organizations such as the American Nazi Party (which fell apart after its leader and Pierce’s mentor, George Lincoln Rockwell, was assassinated in 1967) and the Christian Nationalist Crusade (which collapsed after the death of its leader Gerald L.K. Smith). He made careful arrangements for the Alliance to continue after his death, and leaves almost all of his personal property to the organization, including 230 acres of property in West Virginia that houses the Alliance’s compound and headquarters (see 1985), along with some 60 acres belonging to Pierce’s “Cosmotheist Community Church,” which he has tried to classify as tax-exempt (see 1978).
Multi-Million Dollar Business - Under Gliebe’s leadership, the Alliance generates over $4 million a year in income, largely from the sale of white power music recordings, books, videos, and related merchandise. It broadcasts a weekly radio program, American Dissident Voices. In August 2002, the Center for New Community writes that the Alliance will likely “continue to play a strong role in the contemporary white nationalist movement, particularly by recruiting young people through its white power music distribution and merchandising.” (The organization has been particularly successful at disseminating its message during concerts by the Texas thrash-metal group Pantera, whose lead singer has worn pro-fascist shirts on stage; Alliance members hand out recruitment flyers at the shows headlined: “Remember when Heavy Metal was for Whites only? We do!”) It sells two video games, one called “Ethnic Cleansing,” where players get to exterminate minority citizens in a graphic, brutal “first-person shooter” style.
Largest Neo-Nazi Group in North America - The Alliance claims over 2,500 members and units or “proto-units” (local groups that have met membership requirements but not yet been sanctioned by national headquarters) in 43 American and five Canadian cities, making it the largest and best-organized neo-Nazi group in North America. It has more than doubled its membership since the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Moderating Message, Expanding Contact with Similar Groups - Pierce led the organization in “moderating” its message, abandoning the Klan robes, brown Nazi-like uniforms, camouflage attire, and coarse racial slurs that other groups often sport. Leonard Zeskind of the Institute for Research and Education on Human Rights has written: “Their only uniform will be their white skins. They will seek to establish a white nation-state, with definable economic, political, and racial borders, out of the wreckage they hope to create of the United States. And from Pierce they will have learned the arts and sciences of Aryan revolution.” Along with their white power musical concerts and rallies, Alliance members have marched with neo-Confederate groups and worked with younger, more violent “skinhead” groups. Generally, the Alliance shuns many public rallies, preferring instead to “build a revolutionary infrastructure” by training what the Center for New Community will call “dedicated cadres of activists outside the eye of the public.” It has worked closely with the more overtly violent Hammerskin Nation, both in distributing “white power” music (the “Hammerskins” distribute music through Panzerfaust Records) and coordinating public activities.
White Supremacists Praise Pierce after Death - A number of white supremacist leaders will praise Pierce in the days after his death. Former Ku Klux Klan leader David Duke says Pierce “helped people think straight about the Jewish Question and the other vital realities of race.” The overtly racist British National Party (BNP) says in a statement: “The death of Dr. Pierce has opened a huge gap in the nationalist movement in the United States. We hope for the sake of the future generations of white children for whom he felt so strongly that it will not be filled by crude inferior copies of William Pierce—the man was unique!” Dan Gentry of Christian Research praises “Pierce’s love and concern for the racial camaraderie of Celto-Saxons.” Richard Butler, the head of the neo-Nazi Aryan Nations (see Early 1970s), says, “The White Aryan race has lost a great intellectual mind and a Noble Warrior for Gods [sic] eternal truth.” And Matthew Hale, the leader of the violent separatist World Church of the Creator (see May 1996 and After), writes, “We appreciate the comradeship of many National Alliance members over the years and undoubtedly [Pierce’s] presence will be missed.” [Center for New Community, 8/2002 ]
Entity Tags: Cosmotheist Community Church, Resistance Records, Christian Nationalist Crusade, William Luther Pierce, British National Party, American Nazi Party, Panzerfaust Records, Pantera, Richard Girnt Butler, Matthew Hale, Erich Josef Gliebe, David Duke, Dan Gentry, National Alliance, Leonard Zeskind, Center for New Community, Gerald L.K. Smith, Hammerskin Nation
Timeline Tags: US Domestic Terrorism
Retired public affairs professor Hubert G. Locke writes an editorial in the Seattle Post-Intelligencer: “It’s difficult to think of anything more manifestly stupid, not to mention dangerous, than the Bush administration’s plans to launch a war with Iraq.… It is of more than passing interest that the war-drum beating regarding Saddam [Hussein] and Iraq has had an inverse relation to the Dow-Jones Industrial Average; as the latter has plummeted, the former has intensified. George W. Bush wouldn’t be the first national leader to launch a war that effectively managed to divert attention from a shattered economy, a level of public distrust regarding business and political leadership that is palpable and a sense of national malaise of growing proportion.” [Seattle Post-Intelligencer, 7/26/2002]
President Bush makes it very clear how he feels about North Korean leader Kim Jong Il. According to Bob Woodward’s book Bush at War, Bush shouts at Woodward: “I loathe Kim Jong Il!… I’ve got a visceral reaction to this guy, because he is starving his people. And I have seen intelligence of these [North Korean] prison camps—they’re huge—that he uses to break up families, and to torture people.” Bush says he will not change his opinion of Kim “until he proves to the world that he has a good heart.” [Scoblic, 2008, pp. 232-233]
While the Bush White House publicly denies any desire for war with Iraq, and says it is committed to working with the United Nations to find a diplomatic course of action, behind the scenes the administration’s lawyers are working on a legal justification for war. White House counsel Timothy Flanigan develops a legal position that argues the president needs no Congressional authorization to attack Iraq. Flanigan’s superior, chief White House counsel Alberto Gonzales, presents Flanigan’s legal rationale to President Bush. Flanigan’s chief argument is that the president’s “inherent power as commander in chief” (see 1901-1909 and June 2, 1952) gives him the right to unilaterally take the country to war. Flanigan’s backup position is invoking the 1991 Congressional authorization for the Persian Gulf War (see January 9-13, 1991), and the UN Security Council’s resolutions from that time period (see November 29, 1990). Nevertheless, the White House will demand an authorization for war from Congress (see October 11, 2002)—an authorization White House officials say Bush has no intention of using except as a means of bringing diplomatic pressure against Iraq. [Savage, 2007, pp. 156]
Military interrogators at Guantanamo begin inquiring about the lengths to which they can go to question suspected terrorists. They are particularly interested in Mohamed al-Khatani, a Saudi captured in the Afghan-Pakistan border region in December 2001 (see December 2001). When they learn that al-Khatani was denied entry to the US in 2001 (see August 4, 2001), they decide he may be the so-called “20th hijacker” for the 9/11 attacks, especially after the FBI cajoles him into confessing to being an al-Qaeda operative (see July 2002). But al-Khatani will not, or cannot, divulge information about upcoming terror attacks, and interrogators want to increase the pressure on him (see August 8, 2002-January 15, 2003). They also wonder if, since they have found one apparently high-level al-Qaeda operative among the crowd of low-level prisoners shipped from Afghanistan, there might be others lurking in the group and pretending to be ordinary peasants. [Savage, 2007, pp. 177-178]
White House chief of staff Andrew Card forms the White House Iraq Group, or WHIG, which aims to “educate the public” about the alleged threat from Iraq. WHIG is formed concurrently with the Office of Special Plans (see September 2002). A senior official involved with the group will later describe it as “an internal working group, like many formed for priority issues, to make sure each part of the White House was fulfilling its responsibilities.” [Washington Post, 8/10/2003] According to White House deputy press secretary Scott McClellan, the WHIG is “set up in the summer of 2002 to coordinate the marketing of the [Iraq] war,” and will continue “as a strategic communications group after the invasion had toppled Saddam [Hussein]‘s regime.” McClellan, who will become a full-fledged member of the WHIG after rising to the position of senior press secretary, will write: “Some critics have suggested that sinister plans were discussed at the WHIG meetings to deliberately mislead the public. Not so. There were plenty of discussions about how to set the agenda and influence the narrative, but there was no conspiracy to intentionally deceive. Instead, there were straightforward discussions of communications strategies and messaging grounded in the familiar tactics of the permanent campaign.” [McClellan, 2008, pp. 142] Author Craig Unger will sum up the WHIG’s purpose up more bluntly: “to sell the war.” Members of the group include White House political advisers Karl Rove, Karen Hughes, Mary Matalin, James R. Wilkinson, and Nicholas E. Calio, and policy advisers led by National Security Adviser Condoleezza Rice, her deputy Stephen Hadley, and Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby. They meet weekly in the White House Situation Room. A “strategic communications” task force under the WHIG is charged with planning speeches and writing position papers. [Washington Post, 8/10/2003; Unger, 2007, pp. 241]
Marketing Fear, Idea of Invasion as Reasonable - After Labor Day 2002—and after suitable test marketing—the group launches a full-fledged media marketing campaign. The images and storyline are simple and visceral: imminent biological or chemical attack, threats of nuclear holocaust, Saddam Hussein as a psychopathic dictator who can only be stopped by American military force. A key element of the narrative is forged documents “proving” Iraq sought uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). One of the main objectives is to swing the dialogue ever farther to the right, creating the assumption in the public mind that war with Iraq is a thoughtful, moderate, well-reasoned position, and delegitimizing any opposition. To that end, Cheney stakes out the “moderate” position, with statements like “many of us are convinced that Saddam will acquire nuclear weapons fairly soon” (see August 26, 2002), and neoconservatives such as Michael Ledeen pushing the extremes ever rightward with calls to invade not only Iraq, but Iran, Syria, and Saudi Arabia (see September 20, 2001, August 6, 2002, and September 4, 2002). The real push is delayed until the second week of September. As Card reminds the group, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). The first anniversary of the 9/11 attacks is a perfect opportunity to launch the new campaign (see September 8, 2002). [Unger, 2007, pp. 250-251] Wilkinson, the group’s communications director, is tasked with preparing one of the group’s first public releases, a white paper that will describe the “grave and gathering danger” of Iraq’s “reconstituted” nuclear weapons program. Wilkinson will claim that Iraq “sought uranium oxide, an essential ingredient in the enrichment process, from Africa.” [CounterPunch, 11/9/2005]
'Push[ing] the Envelope' - According to an intelligence source interviewed by the New York Daily News in October 2005, the group, on “a number of occasions,” will attempt “to push the envelope on things.… The [CIA] would say, ‘We just don’t have the intelligence to substantiate that.’” [New York Daily News, 10/19/2005] In 2003, three unnamed officials will tell a Washington Post reporter that the group “wanted gripping images and stories not available in the hedged and austere language of intelligence,” what author and reporter Charlie Savage will call “a stark display of the political benefits that come with the power to control information.” [Savage, 2007, pp. 357] In 2008, McClellan will write of “the heightened rhetoric on Iraq, including unequivocal statements that made things sound more certain than was known.” [McClellan, 2008, pp. 137]
Using Friendly Media Outlets - An important part of the WHIG strategy is to feed their messages to friendly journalists, such as New York Times reporter Judith Miller. James Bamford, in his book A Pretext for War, will write: “First OSP [Office of Special Plans] supplies false or exaggerated intelligence; then members of the WHIG leak it to friendly reporters, complete with prepackaged vivid imagery; finally, when the story breaks, senior officials point to it as proof and parrot the unnamed quotes they or their colleagues previously supplied.” [Bamford, 2004, pp. 325]
Entity Tags: Stephen J. Hadley, Scott McClellan, Saddam Hussein, Nicholas E. Calio, White House Iraq Group, Lewis (“Scooter”) Libby, Condoleezza Rice, Mary Matalin, Andrew Card, Craig Unger, James Bamford, Charlie Savage, Karen Hughes, James R. Wilkinson, Karl C. Rove
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing
In 2007, author Craig Unger will observe that during the eight months of the administration’s strongest push for war with Iraq (between August 2002 and March 2003), the Washington Post runs about 190 front-page articles making the administration’s case for war, and 27 pro-war editorials—about one every nine days. Antiwar reports are given much less coverage. When 100,000 people march against the war in Washington, the largest antiwar demonstration since the Vietnam War, the Post buries the story in its Metro section. The Post is joined in slanting its coverage by other newspapers and even more openly on network and cable news broadcasts. Saddam Hussein is routinely, and effectively, conflated with 9/11, and the “smoking gun-mushroom cloud” trope (see September 4, 2002) is reported over and over again in TV news broadcasts. Unger will call it the “all fear all the time” campaign (see August 2002). By late September 2002, over half of Americans polled believe that Saddam was responsible for the 9/11 attacks, and 72 percent believe that Saddam will attack the US with chemical or biological weapons. Republican pollster David Winston explains, “The reaction that you’re getting from the American people is, for the first time, their personal safety and security is threatened in a way that it’s never been before, and they want action.” [Unger, 2007, pp. 255-256]
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 ; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales
Timeline Tags: Torture of US Captives
Senator Richard Shelby.
[Source: US Senate]The Washington Post reveals that FBI agents have questioned nearly all 37 senators and congresspeople making up the 9/1 Congressional Inquiry about 9/11-related information leaks. In particular, in June 2002 the media reported that the day before 9/11 the NSA intercepted the messages “The match is about to begin” and “Tomorrow is zero hour”(see September 10, 2001). The FBI has asked the members to submit to lie detector tests but most have refused. Congresspeople express “grave concern” for this historically unprecedented move. A law professor states: “Now the FBI can open dossiers on every member and staffer and develop full information on them. It creates a great chilling effect on those who would be critical of the FBI.” [Washington Post, 8/2/2002] Senator John McCain (R-AZ) suggests that “the constitutional separation of powers is being violated in spirit if not in the letter. ‘What you have here is an organization compiling dossiers on people who are investigating the same organization. The administration bitterly complains about some leaks out of a committee, but meanwhile leaks abound about secret war plans for fighting a war against Saddam Hussein. What’s that about? There’s a bit of a contradiction here, if not a double standard.’” [Washington Post, 8/3/2002] Later the search for the source of the leak intensifies to unprecedented levels as the FBI asks 17 senators to turn over phone records, appointment calendars, and schedules that would reveal their possible contact with reporters. [Washington Post, 8/24/2002] Most, if not all, turn over the records, even as some complain that the request breaches the separation of powers between the executive and legislative branches. One senator says the FBI is “trying to put a damper on our activities and I think they will be successful.” [Associated Press, 8/29/2002] In January 2004, it will be reported that the probe is focusing on Sen. Richard Shelby (R-AL). He will not be charged with any crime relating to the leak. [Washington Post, 1/22/2004] In November 2005, the Senate Ethics Committee will announce it has dropped a probe of Shelby, citing insufficient evidence. [Reuters, 11/13/2005] Inquiry co-chair Sen. Bob Graham (D-FL) will write in a book in late 2004 that, at the time, he guessed “the leak was intended to sabotage [the inquiry’s] efforts. I am not by nature a conspiracy theorist, but the fact that we were hit with this disclosure at the moment we began to make things uncomfortable for the Bush administration has stuck with me. Over a year later, I asked [inquiry co-chair] Congressman [Porter] Goss (R-FL) whether he thought we had been set up. Nodding, he replied, ‘I often wonder that myself.’” [Graham and Nussbaum, 2004, pp. 140] Author Philip Shenon will observe that this tactic of intimidation worked, as “Members of the joint committee and their staffs were frightened into silence about the investigation.” [Shenon, 2008, pp. 55]
According to Sen. Bob Graham (D-FL), the 9/11 Congressional Inquiry he co-chairs later will uncover a CIA memo written on this date. The author of the memo writes about hijackers Khalid Almihdhar and Nawaf Alhazmi and concludes that there is “incontrovertible evidence that there is support for these terrorists within the Saudi government.” [Graham and Nussbaum, 2004, pp. 169] Apparently, this memo will be discussed in the completely censored section of the Inquiry’s final report that deals with foreign government involvement in the 9/11 plot (see August 1-3, 2003). Osama Basnan, one of the key players in a suspected transfer of funds from the Saudi government to these two hijackers, is arrested in the US a few weeks after this memo is written, but he will be deported two months after that (see August 22-November 2002).
On June 25, 2002, and again on August 1, 2002, the FBI conducts searches of Steven Hatfill’s apartment, and the media is tipped off in advance. Some FBI agents are upset at the lax security allowing the leaks (see June 25, 2002 and August 1, 2002). At some point after the second search, an unnamed FBI official recommends a criminal probe of the leaks with mandatory polygraph tests. However, according to later court testimony by FBI agent Robert Roth, FBI Director Robert Mueller opposes the idea. Mueller says: “I don’t want to do that.… It’s bad for morale to go after these people.” Apparently, no action is taken and the leaks continue. [Los Angeles Times, 6/29/2008] In at least one media leak in August 2002, it will later be found that one of the leakers was Van Harp, the head of the FBI’s anthrax investigation (see August 4, 2002).
After dinner at the White House, Secretary of State Colin Powell speaks privately with George W. Bush and convinces him that international backing would be crucial for an invasion of Iraq and the inevitable occupation that would follow. Powell cites polls which indicate that a majority of Americans favor seeking a UN resolution. Bush reluctantly agrees. [Vanity Fair, 5/2004, pp. 284]
On August 4, 2002, retired Lt. Gen. Brent Scowcroft said that if the US invades Iraq: “I think we could have an explosion in the Middle East. It could turn the whole region into a cauldron and destroy the War on Terror” (see October 16, 2001, March 2002, and August 4, 2002). On August 6, prominent neoconservative author and sometime intelligence agent Michael Ledeen, who is an informal White House adviser and a sometimes-vituperative advocate for the US invasion of Iraq, mocks Scowcroft. Writing in his weekly column for the National Review, Ledeen says: “It’s always reassuring to hear Brent Scowcroft attack one’s cherished convictions; it makes one cherish them all the more.… One can only hope that we turn the region into a cauldron, and faster, please. If ever there were a region that richly deserved being cauldronized, it is the Middle East today. If we wage the war effectively, we will bring down the terror regimes in Iraq, Iran, and Syria, and either bring down the Saudi monarchy or force it to abandon its global assembly line to indoctrinate young terrorists. That’s our mission in the war against terror.” [National Review, 8/6/2002; Unger, 2007, pp. 231] Author Craig Unger will later comment: “‘Faster, please,’ became [Ledeen’s] mantra, repeated incessantly in his National Review columns. Rhapsodizing about war week after week, in the aftermath of 9/11, seemingly intoxicated by the grandiosity of his fury, Ledeen became the chief rhetorician for neoconservative visionaries who wanted to remake the Middle East.” [Unger, 2007, pp. 231]
Deena Burnett, wife of Flight 93 passenger Tom Burnett, speaks on behalf of the victims’ relatives suing the Saudis. [Source: Associated Press]More than 600 relatives of victims of the 9/11 attacks file a 15-count, $1 trillion lawsuit against various parties they accuse of financing al-Qaeda and Afghanistan’s former Taliban regime. The number of plaintiffs will quickly increase to 2,500 after the suit is widely publicized. Up to 10,000 were eligible to join this suit. The lawsuit does not allege that Saudi defendants directly participated in the 9/11 attacks, or approved them. Instead, it is alleged they helped fund and sustain al-Qaeda, which enabled the attacks to occur. [Washington Post, 8/16/2002; Newsweek, 9/13/2002] Defendants named include:
The Saudi Binladin Group, the conglomerate owned by the bin Laden family. [CNN, 8/15/2002]
The National Commercial Bank, one of the largest banks in Saudi Arabia. [Associated Press, 8/15/2002]
The government of Sudan, for letting bin Laden live in that country until 1996. [Washington Post, 8/16/2002]
The World Assembly of Muslim Youth (WAMY). [Washington Post, 8/16/2002]
The SAAR Foundation. [Washington Post, 8/16/2002]
Al-Rajhi Banking & Investment Corp., which the plaintiffs contend is the primary bank for a number of charities that funnel money to terrorists. (This bank will later be dismissed from the suit (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002]
The Benevolence International Foundation. [Washington Post, 8/16/2002]
The International Islamic Relief Organization (IIRO) and its parent organization, the Muslim World League (MWL). The suit claims that the IIRO gave more than $60 million to the Taliban. [Washington Post, 8/16/2002]
Khalid bin Mahfouz, one-time prominent investor in the Bank of Credit and Commerce International (BCCI) who had to pay a $225 million fine following the collapse of that bank. It is claimed he later operated a bank that funneled millions of dollars to charities controlled by al-Qaeda. (Mahfouz denies supporting terrorism and has filed a motion to dismiss the complaint.) [Washington Post, 8/16/2002]
Mohammed al Faisal al Saud, a Saudi prince. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002]
Saudi Defense Minister Prince Sultan. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002]
Prince Turki al-Faisal, former chief of Saudi intelligence. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002] “The attorneys and investigators were able to obtain, through French intelligence, the translation of a secretly recorded meeting between representatives of bin Laden and three Saudi princes in which they sought to pay him hush money to keep him from attacking their enterprises in Saudi Arabia.” [CNN, 8/15/2002] The plaintiffs also accuse the US government of failing to pursue such institutions thoroughly enough because of lucrative oil interests. [BBC, 8/15/2002] Ron Motley, the lead lawyer in the suit, says the case is being aided by intelligence services from France and four other foreign governments, but no help has come from the Justice Department. [Star-Tribune (Minneapolis), 8/16/2002] The plaintiffs acknowledge the chance of ever winning any money is slim, but hope the lawsuit will help bring to light the role of Saudi Arabia in the 9/11 attacks. [BBC, 8/15/2002] A number of rich Saudis respond by threatening to withdraw hundreds of billions of dollars in US investments if the lawsuit goes forward (see August 20, 2002). More defendants will be added to the suit later in the year (see November 22, 2002). [Daily Telegraph, 8/20/2002]
Entity Tags: Saudi Binladin Group, Sudan, Taliban, SAAR Foundation, Sultan bin Abdul Aziz Al Saud, Ron Motley, International Islamic Relief Organization, Khalid bin Mahfouz, Al-Qaeda, National Commercial Bank, Al-Rajhi Banking & Investment Corp., Turki al-Faisal, World Assembly of Muslim Youth, Benevolence International Foundation
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Kenneth Adelman, a former Reagan official with close ties to senior Bush aides, “It’ll be a piece of cake to get public support. The American people will be 90 percent for it. Almost nobody in Congress will object, and the allies will pipe down.” [Washington Post, 8/18/2002] Adelman made similar comments in a February 2002 Washington Post editorial (see February 13, 2002).
After a spate of criticism of his administration’s Iraq policy from several prominent Republican former US government officials, President George Bush says from his ranch in Crawford, Texas: “I am aware that some very intelligent people are expressing their opinions about Saddam Hussein and Iraq. I listen very carefully to what they have to say. I’ll continue to consult…. I will use all the latest intelligence to make informed decisions about how best to keep the world at peace, how best to defend freedom for the long run…. Listen, it’s a healthy debate for people to express their opinion. People should be allowed to express their opinion. But America needs to know, I’ll be making up my mind based upon the latest intelligence and how best to protect our own country plus our friends and allies.” But he also adds, “There should be no doubt in anybody’s mind that this man is thumbing his nose at the world, that he has gassed his own people, that he is trouble in his neighborhood, that he desires weapons of mass destruction.” [CNN, 8/16/2002; Fox News, 8/16/2002; New York Times, 8/17/2002]
Neoconservative Richard Perle, the head of the Pentagon’s Defense Policy Board, says that the Bush administration has expended so much time and effort in making its case for war against Iraq that it has no other choice except to invade. He says, “The failure to take on Saddam [Hussein]… would produce such a collapse of confidence in the president that it would set back the war on terrorism.” [New York Times, 8/16/2002] In 2006, author Frank Rich interprets Perle’s words, writing: “If Bush didn’t get rid of Saddam after all this saber rattling, he will look like the biggest wimp since—well, his father. If he didn’t do it soon, after all these months of swagger, he would destroy his credibility and hurt the country’s.” [Rich, 2006, pp. 62]
The Observer’s Ed Vulliamy writes: “One year on, the United States is more isolated and more regarded as a pariah than at any time since Vietnam, possibly ever. The bookends of that year are headlines in the French newspaper Le Monde. On 12 September 2001 it declared: ‘Now We Are All Americans.’ But last month, in Le Monde Diplomatique: ‘Washington Dismantles the International Architecture’; a reflection on a year of treaties broken or ignored (see March 7, 2001, March 27, 2001, July 9, 2001, July 23-25, 2001, November 19, 2001-December 7, 2001, December 13, 2001, December 31, 2001, August 28, 2002, and September 20, 2002), and a brazen assertion of the arrogance of power.” [Guardian, 8/18/2002]
The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]
Jeff Cohen. [Source: Jeff Cohen]Jeff Cohen, the founder of the media watchdog organization Fairness and Accuracy in Reporting (FAIR) and a former producer for MSNBC talk show host Phil Donahue, loses almost all of his airtime on the network as the Iraq invasion approaches. Cohen, once a frequent guest on MSNBC’s various opinion and commentary shows, will reflect in his 2006 book Cable News Confidential that he argued passionately against invading Iraq, using “every possible argument that might sway mainstream viewers—no real threat, cost, instability.” However, as the run-up to war progresses, he is no longer allowed on the air. He will write: “There was no room for me after MSNBC launched ‘Countdown: Iraq’—a daily one-hour show that seemed more keen on glamorizing a potential war than scrutinizing or debating it. ‘Countdown: Iraq’ featured retired colonels and generals, sometimes resembling boys with war toys as they used props, maps and glitzy graphics to spin invasion scenarios. They reminded me of pumped-up ex-football players doing pre-game analysis and diagramming plays. It was excruciating to be sidelined at MSNBC, watching so many non-debates in which myth and misinformation were served up unchallenged.” In 2008, Cohen will write: “It was bad enough to be silenced. Much worse to see that these ex-generals—many working for military corporations—were never in debates, nor asked a tough question by an anchor.” Cohen’s recollections will be bolstered by a 2008 New York Times investigation that documents a systematic, well-organized media manipulation program by the Pentagon that successfully sells the war to the media and the American public by using so-called “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond). While the Times article focuses primarily on the analysts and their Pentagon handlers, Cohen says that an equal portion of blame belongs to the media outlets themselves. “The biggest villain here is not Rumsfeld nor the Pentagon,” Cohen writes. “It’s the TV networks. In the land of the First Amendment, it was their choice to shut down debate and journalism. No government agency forced MSNBC to repeatedly feature the hawkish generals unopposed. Or fire Phil Donahue. Or smear weapons expert Scott Ritter. Or blacklist former attorney general Ramsey Clark. It was top NBC/MSNBC execs, not the Feds, who imposed a quota system on the Donahue staff requiring two pro-war guests if we booked one anti-war advocate—affirmative action for hawks.… [T]he major TV networks… were not hoodwinked by a Pentagon propaganda scheme. They were willingly complicit, and have been for decades.” [Truthout (.org), 4/28/2008]
Entity Tags: Phil Donahue, Fairness and Accuracy in Reporting, Donald Rumsfeld, Jeff Cohen, New York Times, MSNBC, Scott Ritter, NBC, Ramsey Clark, US Department of Defense
Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda
As the administration’s push to convince Americans that the Iraq war is necessary is reaching its height, the Pentagon sends its military analysts out to the television networks and the press (see April 20, 2008 and Early 2002 and Beyond) with talking points portraying Iraq as an imminent threat. The analysts are to emphasize that Iraq has chemical and biological weapons that it can and will use, that it is developing nuclear weapons, and that it is sure to provide these weapons to al-Qaeda. A military invasion, the talking points state, is not only a necessity, but will be a relatively quick, relatively bloodless, and relatively inexpensive “war of liberation.” Pentagon public relations chief Victoria Clarke and her staff are thrilled at how well the analysts incorporate Pentagon talking points into their own presentations. Clarke’s aide Brent Krueger recalls: “You could see that they were messaging. You could see they were taking verbatim what the secretary was saying or what the technical specialists were saying. And they were saying it over and over and over.” Some days, “We were able to click on every single station and every one of our folks were up there delivering our message. You’d look at them and say, ‘This is working.’” [New York Times, 4/20/2008]
In 2008, Scott McClellan, currently the deputy press secretary in the Bush administration, will describe the current belief in the White House that overthrowing Iraq’s Saddam Hussein will lead to the overall democratization of the Middle East. According to McClellan, once Hussein has been overthrown and democracy established, the White House believes “it would serve as an example to other freedom-seeking reformers in the Middle East.” McClellan will call this ideal a “positive domino effect” that would bring about transformative, democratic change in Iran and Afghanistan. Both Iran and Iraq, McClellan will write, have “a significant number of well-educated, forward-looking citizens,” and as for Afghanistan, that nation is “already on the verge of democracy.” An Iraqi democracy will, the argument goes, inspire the Iranian people “to rise up and change their country’s governance, and a free Iraq and Iran would remove two major threats to peace and stability in the Middle East—two parts of the ‘axis of evil’ Bush had highlighted in his January 2002 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). And this, in turn, would dramatically reduce global tensions and enhance a key national security interest of the United States by ensuring the long-term stability of the massive oil reserves of the Middle East.” [McClellan, 2008, pp. 129]
In 2008, Scott McClellan, the current White House deputy press secretary, will write of President Bush’s lowering of accepted standards to allow for a pre-emptive war. McClellan will write: “Bush was now lowering the bar for engaging in pre-emptive war, a step that might have been more widely viewed as radical had it occurred prior to 9/11. The [Bush] doctrine (see 8:30 p.m. September 11, 2001) unambiguously stated that while the United States would always proceed deliberately and carefully weigh the consequences of actions, it would not hesitate to use force if necessary to preempt not just an ‘imminent’ threat but a ‘grave and gathering’ one if need be (see September 16, 2002). It was based on the assumption that waiting for a threat to become imminent before acting would likely mean that we would respond too late. And this new principle encoded in our new national security strategy was clearly aimed in part in paving the way to removing Saddam Hussein from power by force.” [McClellan, 2008, pp. 134]
According to the later recollections of senior AT&T technician Mark Klein (see July 7, 2009), rumors are swirling throughout AT&T regarding a “secret room” being built at the company’s facility at 611 Folsom Street in San Francisco (see Summer 2002). (At this time, Klein works at another AT&T facility located on San Francisco’s Geary Street; he will later begin working at the Folsom Street facility.) In January 2003, Klein will learn that the rumors are true, and that the room is to be used by the National Security Agency (NSA) (see January 2003). [Klein, 2009, pp. 26-28]
Civil rights division logo. [Source: US Department of Justice]The Bush administration embarks on a program to politicize the Justice Department’s civil rights division (CRD). The CRD is staffed by some 350 permanently employed lawyers who take complaints, investigate problems, propose lawsuits, litigate cases, and negotiate settlements. For decades, the decisions on who should fill these positions have been made by civil servants and not by political appointees. The CRD is an obvious target for politicization, and until now the Justice Department has tried to ensure that no such politicization ever took place. “There was obviously oversight from the front office [where the political appointees work], but I don’t remember a time when an individual went through that process and was not accepted,” Charles Cooper, a former lawyer in the CRD during the Reagan administration, will later recall. “I just don’t think there was any quarrel with the quality of individuals who were being hired. And we certainly weren’t placing any kind of political litmus test on… the individuals who were ultimately determined to be best qualified.”
Hiring Conservatives in Place of Career Lawyers - But Attorney General John Ashcroft changes those rules, without making any sort of official announcement. The hiring committee is not formally disbanded, but it stops having meetings scheduled, and the political appointees begin making career hiring decisions. In 2007, author and reporter Charlie Savage will write, “The result of the unprecedented change was a quiet remaking of the civil rights division, effectively turning hundreds of career jobs into politically appointed positions.” No longer would career attorneys be hired for their civil rights background; instead, lawyers from conservative law schools or from conservative legal organizations such as the Republican National Lawyers Association are given favorable treatment. Some of the new hires worked with Kenneth Starr’s Whitewater investigative team or had worked with other prominent conservatives, including former Attorney General Edwin Meese or Senator Trent Lott (R-MO). Some list themselves as belonging to prominent Christian political organizations that promote socially conservative views such as opposition to abortion and to affirmative action.
Shift towards 'Reverse Discrimination' Cases - After the new hires are in place, the division shifts its focus: instead of working on voter rights, employment discrimination, and other such cases affecting African-Americans and Hispanics, the division begins working to develop “reverse discrimination” cases in favor of whites and Christians. [Savage, 2007, pp. 295-297]
Driving Career Employees Away - Over the next few years, the types of cases pursued by the CRD changes drastically (see 2005, 2006, and 2006), and career attorneys with decades of service begin leaving the division in large numbers. The Justice Department will even encourage older hires to leave by offering them a buyout. Savage will write, “With every new vacancy, the administration gained a new change to use the new rules to hire another lawyer more in line with its political agenda.” CRD attorney David Becker will tell a 2006 NAACP hearing: “Even during other administrations that were perceived as being hostile to civil rights enforcement, career staff did not leave in numbers approaching this level. In the place of those experienced litigators and investigators, this administration has, all too often, hired inexperienced ideologues, virtually none of which have any civil rights or voting rights experience.” Some supporters say that the Bush administration is merely righting an imbalance, where the CRD was previously top-heavy with liberal lawyers interested in protecting African-Americans over other groups, but one of the CRD’s top career lawyers from 1965 through 1994, Jim Turner, says, “To say that the civil rights division had a special penchant for hiring liberal lawyers is twisting things.” [Savage, 2007, pp. 298-299]
Entity Tags: John Ashcroft, Civil Rights Division (DOJ), Charlie Savage, Charles Cooper, Bush administration (43), David Becker, Jim Turner, Trent Lott, US Department of Justice, Edwin Meese, Republican National Lawyers Association, Kenneth Starr
Timeline Tags: Civil Liberties
A CIA analyst visits Guantanamo and returns convinced that war crimes are being committed there. According to a former White House official, the analyst concludes that “if we captured some people who weren’t terrorists when we got them, they are now.” The CIA agent estimates at least more than half of the prisoners at Guantanamo do not belong there. [Guardian, 9/13/2004] John A. Gordon, Deputy National Security Adviser for combating terrorism, a former deputy director of the CIA and a retired four-star general, reads the highly critical report on Guantanamo by the CIA analyst in the early autumn of 2002. The analyst’s account of US activities at Guantanamo, he says, is “totally out of character with the American value system.” He says he also believes “that if the actions at Guantanamo ever became public, it’d be damaging to the president.” He is convinced the report is important material. “We got it up to Condi [National Security Adviser Condoleezza Rice],” he recalls. Gordon is most concerned about whether many of the prisoners at Guantanamo are not in fact innocent. “It was about how many more people are being held there that shouldn’t be,” a former White House official tells Seymour Hersh. “Have we really got the right people?” The briefing for Rice does not center on the treatment of the prisoners, but on questions of practicality: “Are we getting any intelligence? What is the process for sorting these people?” The concerns are serious enough for Rice to call a meeting at the White House with Gordon and Defense Secretary Rumsfeld. Rice allegedly says, “Let’s get the story right.” Rumsfeld seems to be agreeing and looks willing to deal with the problem. However, according to the disappointed White House official, “The Pentagon went into a full-court stall.” He says, “I was naive enough to believe that when a cabinet member says he’s going to take action, he will.” [Guardian, 9/13/2004]
After CIA Director George Tenet learns of the formation of the Office of Special Plans (OSP—see September 2002), he fails to challenge its existence and mission even though the OSP is working to actively undermine the other US intelligence agencies. In 2007, author Craig Unger will write, “The existence of the OSP effectively meant that [Vice President Dick] Cheney, [Secretary of Defense Donald] Rumsfeld, and the [Bush administration] neocons had declared war on the CIA by creating a bureaucratic operation whose sole purpose was to circumvent and subvert the nation’s statutorily authorized intelligence apparatus.” Tenet, who Unger describes as “ever anxious to ingratiate himself with the White House,” does nothing to block the OSP’s inroads and depredations. According to the then-director of the State Department’s Bureau of Intelligence and Research (INR), Greg Thielmann, “That’s totally unacceptable for a CIA director.” Unger will note that while Tenet is following his orders to “do everything in his power to make sure the CIA gets the goods on Saddam [Hussein]… in effect, by remaining silent about the OSP, Tenet was betraying his own men at the CIA—and the Agency’s mission.” [Unger, 2007, pp. 245]
Defense Secretary Donald Rumsfeld holds a “top secret” briefing on Iraq for selected Congressional members, including, among others, Senator John McCain (R-AZ). The briefing takes place in the most secure room in the Capitol, a small, windowless chamber that is ostentatiously swept for bugs before the briefing. At the outset, the lawmakers are sworn to deepest secrecy. But during the briefing, Rumsfeld tells the assembled members nothing they couldn’t learn by watching the nightly news. McCain abruptly leaves the meeting, and later says, “It was a joke.” Vice President Cheney has said that the administration doesn’t trust the 535 members of Congress not to leak classified information, and therefore they must make their decisions concerning war with Iraq without the benefit of complete intelligence briefings (see Before September 9, 2002 and After). McCain reflects the feelings of many members in expressing his aggravation with the administration. “It becomes almost insulting after a while,” he says. “Everyone that goes to them is frustrated.” Rather than give “pretend” briefings that convey little information, McCain says, President Bush should just suspend the briefings entirely. House member Robert Menendez (D-NJ) says many members are skipping the briefings entirely to avoid signing a secrecy pledge that restricts what they can and cannot talk about. Menendez, briefed earlier by National Security Adviser Condoleezza Rice and CIA Director George Tenet, says, “I heard nothing that was new, compelling, or that I have not heard before.” White House spokesman Ari Fleischer says, “The White House will continue to as fully inform as possible members of Congress, while also preserving sensitive intelligence information so no inadvertent disclosure jeopardizes sources or methods or missions.” The White House has had some success with Democrats who might be resistant to its arguments for war by choosing to give more complete briefings to a few selected Democratic leaders, including House Minority Leader Richard Gephardt (D-MO). As a result, Democratic leaders in Congress are more supportive of the push towards war than many of their rank-and-file colleagues. [Washington Post, 9/15/2002]
A memo prepared for Colonel Brittain Mallow, the commander of the Army’s Criminal Investigation Task Force (CITF), documents objections raised by Mallow to the harsh interrogation methods—torture—being used at Guantanamo Bay. Mallow’s memo cites “unacceptable methods” involving “threats,” “discomfort,” and “sensory deprivation,” and provides guidance to CITF agents on permissible interrogation methods for use on detainees. Mallow instructs his unit not to take part in “any questionable” interrogation techniques at the prison. In 2008, the American Civil Liberties Union (ACLU) will observe, “The memo suggests that CITF expressed disapproval of abusive methods used at Guantanamo as far back as September 2002.” [American Civil Liberties Union, 5/14/2008]
The Defense Intelligence Agency releases an intelligence assessment entitled “Iraq’s Reemerging Nuclear Program” that claims, “Iraq has been vigorously trying to procure uranium ore and yellowcake” for the production of nuclear weapons. The DIA is referring to the tale of the Iraq-Niger uranium deal (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002), as well as purported dealings with Somalia and the Democratic Republic of the Congo. The assessment says that “DIA cannot confirm whether Iraq succeeded in acquiring uranium ore and/or yellowcake from these sources.” [Defense Intelligence Agency, 9/2002 ; Unger, 2007, pp. 259]
Department of Energy (DOE) safety specialist Chris Steele, who shut down a hazardous, unsecured nuclear waste dump at the Los Alamos nuclear facility a year earlier (see July 18, 2001), is demoted from his position as the DOE’s chief safety official at Los Alamos after he overrules what he calls inept preparations against terrorist attacks. In October 2002, Steele receives a safety analysis report for a radioactive waste treatment facility at Los Alamos. The report estimates the chances of a “rogue” airliner crashing into the facility as being a million to one, even considering the events of September 11, 2001. It predicts that such a crash, deliberate or not, would cause hundreds of thousands of gallons of nuclear waste to catch fire. However, the report said, the roof sprinkler system would put out the flames. Steele points out that the sprinkler system would be destroyed in the crash: “That must be a magical sprinkler system, since it’s apparently able to rise up from the rubble, turn itself on and put out the flames. We should buy one of those for every nuclear plant in the country.” After Steele rejects the report, he is stripped of his security clearance and fired. He is accused of committing “serious security violations” by the National Nuclear Security Administration. [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
In early September 2002, a group of senior Bush administration officials gathers for a secret videoconference to decide what to do with the “Lackawanna Six,” the six Yemeni-Americans living in Lackawanna, New York, who had attended an al-Qaeda training camp before 9/11. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the men should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer. The US has already done this with two other US citizens, Yaser Hamdi and Jose Padilla. According to a participant in the meeting, Cheney argues, “They are the enemy, and they’re right here in the country.” However, all six men left their basic training course early and there is no evidence any of them had carried out or even planned any terrorist acts (see April-August 2001). Attorney General John Ashcroft insists he can bring a tough criminal case against them for providing “material support” to al-Qaeda. Ashcroft wins the argument and the six men are formally charged several days later (see September 13, 2002). [Newsweek, 10/10/2007] The six men will all eventually strike plea bargains and plead guilty, saying they were essentially forced to because the government made clear that if they fought the charges they would be declared enemy combatants (see May 19, 2003).
Scott Ritter, a former UN weapons inspector and US Marine intelligence officer, writes an editorial in the Baltimore Sun entitled, “Is a Domestic Political Agenda Driving War With Iraq?” He suggests: “War with Iraq looms on the horizon. But there is an increasing consensus that if there exists a case for war with Iraq, the Bush administration has, to date, failed to make it.… If there is a case to be made that Iraq represents a real threat to the national security of America worthy of war, then it needs to be made as soon as possible. But if a case cannot be made on national security grounds, then one must consider the real possibility that the administration’s drive for war with Iraq is being pursued in support of a domestic political agenda, something that should concern all Americans, regardless of political affiliation.” [Baltimore Sun, 9/2/2002]
Vice President Cheney and his staff have become increasingly reliant on intelligence from Ahmed Chalabi and the Iraqi National Congress (INC—see Early 2003). Cheney’s senior aide John Hannah, the liaison between Cheney and the INC, has become increasingly invested in the exile group. “He relied on Ahmed Chalabi for insights and advice,” a Bush administration official will later recall. Cheney has himself become an increasingly vocal Chalabi advocate. At a meeting of President Bush’s National Security Council, the State Department and Pentagon officials argue over whether to increase funding to the INC. Cheney, a former NSC staffer will recall, “weighed in, in a really big way. He said, ‘We’re getting ready to go to war, and we’re nickel-and-diming the INC at a time when they’re providing us with unique intelligence on Iraqi WMD.’” The fact that no one else, particularly the CIA, could confirm anything the INC was providing was merely proof that the CIA was recklessly disregarding INC intelligence. The administration official will say that before long, “there was something of a willingness to give [INC- provided intelligence] greater weight” than that offered by the intelligence community. In return, Cheney’s aides tried to inject their intelligence into the CIA’s own conduits. One CIA analyst will recall that both Cheney and his chief of staff, Lewis Libby, “come out there loaded with crap from OSP [the Office of Special Plans—see September 2002], reams of information from Chalabi’s people” on both terrorism and WMD. One of the main channels into the CIA for Cheney and his staff is Alan Foley, the director of the CIA’s Nonproliferation Center. Cheney’s office inundates Foley with questions about Iraq’s nuclear weapons program, particularly about Iraq’s supposed attempts to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). At first, Foley attempts to push back by “stressing the implausibility of it,” a colleague of Foley’s will recall. But as Cheney and his aides keep pressing, Foley begins to give in. “He was bullied and intimidated,” one of his friends will recall. The pressure on Foley and other analysts is both relentless and hostile. One retired CIA analyst close to current analysts will recall: “It was done along the lines of: ‘What’s wrong with you bunch of assh_les? You don’t know what’s going on, you’re horribly biased, you’re a bunch of pinkos.’” A current analyst later explains, “It gets to the point where you just don’t want to fight it anymore.” [New Republic, 11/20/2003]
Entity Tags: Lewis (“Scooter”) Libby, Alan Foley, Ahmed Chalabi, Bush administration (43), John Hannah, Central Intelligence Agency, Office of Special Plans, Iraqi National Congress, National Security Council, Richard (“Dick”) Cheney
Timeline Tags: Events Leading to Iraq Invasion, US International Relations
As Vice President Cheney and his staff members pressure CIA analysts for the “proper” intelligence findings (see 2002-Early 2003), intelligence analysts grow increasingly resentful towards both Cheney and his staff. In fact, they see little difference between any of them. CIA analysts in particular see them as acting in concert under Cheney’s direction (see Fall 2002 and After). One former analyst will later recall, “When I heard complaints from people, it was, ‘Man, you wouldn’t believe this sh_t that [Lewis] Libby and [Douglas] Feith and [Paul] Wolfowitz do to us.’ They were all lumped together. I would hear them say, ‘G_ddamn, that f_cking John Hannah, you wouldn’t believe.’ And the next day it would be, ‘That f_cking Bill Luti’ (see September 2002). For all these guys, they’re interchangeable.” Another former analyst will later say: “They had power. Authority. They had the vice president behind them.… What Scooter [Libby] did, Cheney made possible. Feith, Wolfowitz—Cheney made it all possible. He’s the fulcrum. He’s the one.” [New Republic, 11/20/2003]
Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]
Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld
Timeline Tags: US International Relations
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