!! History Commons Alert, Exciting News
Regulation and oversight
Events: (Note that this is not the preferable method of finding events because not all events have been assigned topics yet)
Page 6 of 22 (2163 events (use filters to narrow search))previous
Former National Security Adviser John Poindexter (see November 25, 1986) testifies before the joint House-Senate Iran-Contra investigative committee. Poindexter says that he never told President Reagan of the diversion of funds from the Iranian arms sales to the Nicaraguan Contras (see December 6, 1985 and April 4, 1986). He says he never told Reagan in order to preserve the president’s “plausible deniability.” [New York Times, 11/19/1987]
Assistant Secretary of Defense Richard Armitage, who has attended some of Oliver North’s Restricted Interagency Group (RIG) meetings (see Late 1985 and After and July 1986 and After), testifies before the Joint House-Senate Committee investigating Iran-Contra (see May 5, 1987). Armitage is asked about RIG meetings in which North recited a list of his activities in coordinating the Contras, discussed the private funding of the Contras, and demanded item-by-item approval from group members: “[D]o you recall, regardless of what dates, regardless of where it was, regardless of whether it had exactly the players he said—because he could have gotten all that wrong—do you recall any meeting at which he did anything close to what his testimony suggests?” Armitage replies, “I do not.” [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993] It is not until RIG member Alan Fiers, a former CIA official, testifies in 1991 about North’s behaviors that verification of North’s discussion of such specifics about Contra activities and funding will be made public (see July 17, 1991).
Longtime US Army intelligence officer Tom Golden, who is assigned to a watchdog position within the highly classified Continuity of Government (COG) program (see January 1984) and who recently reported irregularities inside the program (see After July 1987), is targeted by a lengthy and deliberate smear campaign. The effort to discredit Golden is organized by members of the secret COG project in retaliation for the whistleblower reporting instances of waste, fraud, and abuse to the Army Inspector General’s Office (see July 1987). Federal agents go door-to-door telling Golden’s neighbors they are investigating him for drinking and other embarrassing personal behaviors. Rumors are spread within the government about Golden having personal issues and spying for the Soviet Union. Those responsible for spreading the allegations include Brigadier General Eugene Renzi, who was exposed by Golden for awarding a no-bid contract to a company that employed the general’s son (see July 1987); Army intelligence officer Robert Rendon, an admitted black-marketer hired by the COG project in 1983 (see July 28, 1983); and Army Colonel Ned Bacheldor, who formally worked for the Army Inspector General’s Office and leaked Golden’s whistleblower status to members of the COG program. Rendon is ordered by his superior, Bacheldor, to spread insulting gossip about Golden. A classified document depicting Golden as a security risk is drawn up by Rendon and other members of the COG project and sent to the Justice Department in January 1990, leading to an official investigation of Golden’s background (see January-November 1990). In August 1990, Rendon insinuates to a fellow Army officer that Golden is a Soviet spy (see August 1990). “It leads people to believe you are in trouble,” Golden tells CNN in 1991, “and it damages your credibility, it damages your standing in the intelligence community, it really boils down to a smear campaign.” Separate investigations by the Army (see Summer 1987), the House Armed Services Committee (see Summer 1988-1989), and the FBI (see January-November 1990) conclude that Golden is guilty of no wrongdoing and is the target of a lengthy effort to intimidate whistleblowers inside the highly secretive COG program. “It cost myself and my family three years of living in absolute hell,” Golden says as he tears up during an interview with CNN, “my family paid a high price.” When asked if he would do it all over again, Golden nods and says, “Probably.” [Philadelphia Inquirer, 12/16/1990; Knight Ridder, 12/18/1990; CNN Special Assignment, 11/17/1991]
The Iran-Contra hearings come to an end after over 250 hours of testimony from 28 witnesses. [New York Times, 11/19/1987] The hearings have been unsatisfactory at best, with the committee saying in a final statement, “We may never know with precision or truth why [the Iran-Contra affair] ever happened.” [PBS, 2000] The biggest wrangle left for the committee is the status of the final report. The committee’s Democratic leaders want a unanimous report. The Republicans demand numerous concessions for such a unanimous report, including the exclusion of critical evidence of an administration cover-up and evidence implicating President Reagan in the Iran-Contra policy decision-making. The committee produces dozens of drafts of the final report, each more watered-down than the previous one, to accommodate Republican demands. The Republicans will get a report almost completely to their liking, but will then pull away and issue their own minority report anyway (see November 16-17, 1987). [Dubose and Bernstein, 2006, pp. 80-81]
The Office of Professional Responsibility (OPR), an oversight component at the Justice Department, begins an investigation into allegations made by the software company Inslaw against some Justice Department staff. The OPR had conducted a preliminary investigation the previous year (see 1986), concluding the officials were not biased against the company. However, after a bankruptcy court finds serious wrongdoing by departmental officials (see September 28, 1987), Deputy Attorney General Arnold Burns asks for “a complete and thorough investigation into the allegation of bias and misconduct by various Justice Department officials against Inslaw.” The full investigation will again conclude that the officials were not biased against Inslaw (see March 31, 1989). [US Congress, 9/10/1992]
Representatives of the Federal Emergency Management Agency (FEMA), the Army Corps of Engineers, and a Maryland-based company, Brogan Associates Incorporated, approach Fred Westerman, a retired 20-year Army intelligence veteran and current head of the government-contracted security firm Security Evaluations Incorporated. Westerman recently reported irregularities within the highly secretive Continuity of Government program against the wishes of his superiors (see 1986-1987). The group comes to Westerman’s offices and allegedly orders him to hand over important corporate files. Westerman will later allege that FEMA security operations specialist Robert Lorenz and Army Corps of Engineers officer Gerald Boggs order him to hand over corporate documents, communications, records, invoices, and checkbooks to Brogan Associates president Arthur Hutchins. Boggs allegedly notifies Westerman that refusal will result in termination of his company’s contract with the government, while Lorenz reportedly threatens to put Westerman’s company out of business. Westerman refuses to turn over the records, and, according to Westerman, FEMA will burglarize his offices in search of the files (see Late 1987). Systems Evaluations’ contract with the government will be canceled shortly thereafter (see December 1987). Westerman will file a lawsuit against the government (see November 1988), but it will be frozen when the Justice Department opens an investigation of him (see November 1988) and will later be sealed after an in-depth report highlighting Westerman’s case is published by a major magazine (see August 8, 1989). Westerman will lose another contract, along with his security clearances, in 1990 (see 1990), and by November 1991, he will be unemployable, several hundred thousand dollars in debt, and unable to gain any restitution from the government (see November 1991). [Associated Press, 9/11/1989]
The congressional Iran-Contra committee has finally produced a final report, which committee Democrats thought would be unanimous. But committee Republicans fought successfully to water down the report, including the exclusion of evidence proving President Reagan’s involvement in the policy decisions (see August 3, 1987 and After), and then at the last minute broke away and announced their intention to issue a minority report—which was their intention all along. “From the get-go they wanted a minority report,” Republican staffer Bruce Fein will later recall. The official majority report is due to come out on November 17, but a printing error forces it to be delayed a day (see November 18, 1987). The committee Republicans, headed by Representative Dick Cheney (R-WY) and Senator Henry Hyde (R-IL) leak their minority report to the New York Times on November 16, thus stealing a march on the majority. On November 17, all of the committee Republicans save three—Senators Warren Rudman (R-NH), Paul Trible (R-VA), and William Cohen (R-ME)—hold a press conference in which they accuse the majority of staging a “witch hunt” against the president and the administration. The minority report asserts: “There was no constitutional crisis, no systematic disrespect for the ‘rule of law,’ no grand conspiracy, and no administration-wide dishonesty or cover-up.… In our view the administration did proceed legally in pursuing both its Contra policy and the Iran arms initiative.” Rudman calls the minority report “pathetic,” and says his Republican colleagues have “separated the wheat from the chaff and sowed the chaff.” The press focuses on the conflict between the two reports. The Democrats largely ignore the minority report: “This was ‘87,” one Democratic staff member will recall. “We had a substantial majority and the Republicans were trained to be what we thought was a permanent minority party. When they would yap and yell, we would let them yap. It just didn’t matter.” [Dubose and Bernstein, 2006, pp. 80-81]
Congress’s joint Iran-Contra investigative committee issues its final majority report. [New York Times, 11/19/1987] The Republican minority has largely refused to join the majority report, which was watered down time and again to entice the Republicans to join in the issuance of a unanimous report (see November 16-17, 1987). Still, the watered-down report finds that the “clandestine financing operation undermined the powers of Congress as a coequal branch and subverted the Constitution.” The Reagan administration had violated a key belief of the Constitution’s framers: “the purse and the sword should never be in the same hands.” Regardless of the majority report’s findings, no significant reforms will come from the Iran-Contra investigation. [Dubose and Bernstein, 2006, pp. 81-82]
Members of the Federal Emergency Management Agency allegedly burglarize the offices of Systems Evaluations Incorporated, a government-contracted security firm working on the highly classified Continuity of Government program (see 1985). The head of the company, Fred Westerman, recently reported to federal officials several irregularities within the classified project (see 1986-1987) and was subsequently ordered to hand over corporate materials to a competitor, although he refused (see November 1987). Systems Evaluations’ contract will soon be canceled (see December 1987) and the Justice Department will open an investigation of the company shortly after Westerman files a lawsuit against the government seeking restitution (see November 1988 and November 1988). Westerman’s lawsuit will be frozen and sealed (see August 8, 1989), his contracts with the government will be canceled (see December 1987 and 1990), his security clearances will be stripped, and by 1991 he will be left unemployable, in debt, and unable to gain any restitution from the government (see November 1991). [Associated Press, 9/11/1989]
The Army Corps of Engineers notifies the head of Systems Evaluations Incorporated, Fred Westerman, that his company’s contract to set up secret storage facilities for the highly secretive Continuity of Government program will not being extended, despite previous promises that a five-year renewal was forthcoming. Westerman, a retired 20-year Army intelligence veteran, began work on the secret project in 1985 (see 1985). He began reporting irregularities within the program to government officials in 1986, against the wishes of his superiors (see 1986-1987). Westerman will file a lawsuit against the government seeking restitution (see November 1988), but the suit will be frozen when the Justice Department opens an investigation of him (see November 1988). US District Judge Norma Johnson will seal the suit shortly after an in-depth story on the COG program referring to Westerman’s case is published in a major magazine (see August 8, 1989). In 1990, Westerman will lose another contract, along with his security clearances (see 1990). By November 1991, he will be unemployable, several hundred thousand dollars in debt, and unable to gain any restitution from the government (see November 1991). [Emerson, 8/7/1989; San Francisco Chronicle, 8/8/1989; Associated Press, 9/11/1989; CNN Special Assignment, 11/17/1991]
Congress attempts to bring back the Fairness Doctrine (see 1987), a provision that mandates the broadcasting of differing viewpoints on controversial political and social issues (see 1949 and 1959). Though the legislation passes both houses of Congress by wide margins, President Reagan vetoes the legislation, and Congress is unable to muster enough votes to override the veto. In 2008, authors Kathleen Hall Jamieson and Joseph N. Cappella will write: “The end of the Fairness Doctrine paved the way for talk radio as we know it today (see 1990-1993). Neither hosts nor stations currently have an obligation to provide balance or to open their programs to those of competing views.” [Fairness and Accuracy in Reporting, 2/12/2005; Jamieson and Cappella, 2008, pp. 45]
A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]
US ambassador to Pakistan Robert Oakley. [Source: Terry Mitchell / Public domain]According to some accounts, by this time it is common knowledge in certain Washington circles that Pakistan has nuclear weapons. Despite this, the US government and Congress continues to pretend that Pakistan does not have such weapons, so that aid to Pakistan and the anti-Soviet mujaheddin based there can continue (see 1987-1989). A former top-level Reagan Administration official will later question the integrity of members of Congress who outwardly pretended to be tough on nuclear proliferators, but did not really want the aid to be cut off: “All this morality horse****. We were caught in a dilemma, and I didn’t know how to solve it: there was no way to stop the Pakistanis.… All this talk about breaking the law—it’s just a morality play. Of course everybody in Congress knew. The Administration was carrying out a popularly based policy in Afghanistan. If we’d cut off the aid to Pakistan, would we have been able to withstand the political heat from Congress?”
Former Ambassador: Congress 'Acquiesced' to Pakistani Program - According to the New Yorker, “many former members of the Reagan and Bush Administrations,” such as former ambassador to Pakistan Robert Oakley, will say that the essential facts about Pakistan’s nuclear weapons program were known fully at this time to Congress, whose members “acquiesced” to the program, because of the Soviet-Afghan War and the popularity of Pakistani Prime Minister Benazir Bhutto in the US. Journalist Seymour Hersh will later comment, “Oakley’s point seemed to be that passive approval by Congress of bad policy somehow justified bad policy.”
Glenn: Nonproliferation Initiatives Thwarted - Senator John Glenn (D-OH) will say that most lawmakers did not want to know anyway: “I always thought in terms of the bigger picture—the nonproliferation treaty… We made a commitment that we’d cut off aid to transgressors, and we had to keep faith with those Third World people who signed with us. I didn’t think I had any option but to press for enforcement of the law against Pakistan.” He adds: “The Administration would always come to me and say how important it is to keep the arms flowing through to Afghanistan. I’d take my case on nonproliferation to the floor and lose the vote.”
Solarz: Balancing Concerns between Pakistan, Afghan War - Congressman Stephen Solarz (D-NY), one of the strongest opponents of Pakistan’s nuclear weapons program during the Soviet-Afghan War, will admit that he and others who cared about non-proliferation constantly tried to balance that concern with a desire to support the anti-Soviet effort, which was based in Pakistan. “There were legitimate concerns that the Afghan war might spill over to Pakistan, and I felt we needed to give the President flexibility,” Solarz will say. “I didn’t want us to be in a worst-case scenario in case the Soviets moved across the border. I thought I was being responsible at the time.” Referring to allegations made by former State Department, CIA, and Pentagon analyst Richard Barlow that the administration was well-aware of the program and constantly lied to Congress (see July 1987 or Shortly After), he adds, “If what Barlow says is true, this would have been a major scandal of Iran-Contra proportions, and the officials involved would have had to resign. We’re not dealing with minor matters. Stopping the spread of nuclear weapons is one of the major foreign-policy issues of the nation—not to mention the law of the land.” [New Yorker, 3/29/1993]
The software company Inslaw submits allegations about the Justice Department’s conduct in the dispute over the enhanced PROMIS application to the Public Integrity Section (PIS), a departmental oversight component. The allegations follow on from the findings of a bankruptcy court favourable to Inslaw (see September 28, 1987 and January 25, 1988). In the complaint, Inslaw charges the department with:
Procurement fraud. Inslaw claims that Attorney General Edwin Meese and former Deputy Attorney General Lowell Jensen schemed to ensure that enhancements made to the PROMIS software by Inslaw would be obtained for free by the department, which would then make them available to a businessman named Earl Brian;
Violation of automatic stay debtor protection provisions invoked by the bankruptcy court. Inslaw says that by using the enhancements it made to the software after the bankruptcy case was filed, the department violated federal bankruptcy law. The bankruptcy court found that the department committed such violation, an act that could constitute an obstruction of the bankruptcy proceedings; and
Attempts to change Inslaw’s Chapter 11 bankruptcy, for the company’s reorganization, into a Chapter 7 bankruptcy, for the company’s liquidation. Inslaw says that the department unsuccessfully attempted to have an official named Harry Jones detailed from the US Trustee’s office in New York to Washington to take over the Inslaw bankruptcy to get Inslaw liquidated. Inslaw also says unsuccessful pressure was exerted by departmental official Thomas Stanton on US Trustee William White to convert the bankruptcy case into a Chapter 7 liquidation.
The PIS says it will examine some of the allegations, but in the end it will not open a formal preliminary investigation (see February 29, 1988). [US Congress, 9/10/1992]
US Justice Department headquarters. [Source: GlobeXplorer]Sen. John Kerry (D-MA) stumbles across the criminality of the Bank of Credit and Commerce International (BCCI) while investigating international drug trafficking as part of a congressional oversight committee. He soon starts a vigorous congressional investigation of BCCI, and New York district attorney Robert Morgenthau launches a vigorous investigation as well. [New York Times, 7/29/1991] However, Kerry’s and Morgenthau’s investigations are consistently stifled. Kerry will later say that, “with the key exception of the Federal Reserve, there was almost [no]… information or cooperation provided by other government agencies.” [US Congress, Senate, Committee on Foreign Relations, 12/1992] Kerry will later conclude that the Justice Department in particular went to great lengths to block his and Morgenthau’s investigations “through a variety of mechanisms, ranging from not making witnesses available, to not returning phone calls, to claiming that every aspect of the case was under investigation in a period when little, if anything was being done.” After the Bank of England shuts down BCCI in July 1991 (see July 5, 1991), making big headlines, Under Assistant Attorney General Robert Mueller takes over Justice Department efforts on BCCI and assigns many new attorneys to the case. But Kerry will ultimately conclude that the indictments the Justice Department brings forth against BCCI after that time were narrower and less detailed than those of Morgenthau’s, and often seemed to be in response to what Morgenthau was doing. [US Congress, 12/1992] Kerry submits his report on BCCI in December 1992, and after that investigations into BCCI peter out. President Bush will appoint Mueller to be director of the FBI shortly before 9/11 (see September 4, 2001).
The Public Integrity Section (PIS), a Justice Department oversight component, decides not to open a preliminary investigation of the Inslaw affair over the department’s alleged misappropriation of PROMIS software (see February 1988). The decision is communicated in a memo drafted by William F. Weld, the assistant attorney general for the department’s criminal division, of which the PIS is a part. The PIS finds that at least some of the people Inslaw complains about, including Attorney General Edwin Meese, former Deputy Attorney General Lowell Jensen, and Deputy Attorney General Arnold Burns, are appropriate targets of an investigation and that Inslaw is generally a credible source for allegations. However, according to Weld, the information Inslaw provides is not specific enough to constitute grounds to begin a preliminary investigation of the need for an independent counsel. This is because the PIS regards the facts Inslaw presented as unsupported speculation that the officials were involved in a scheme to get the enhanced PROMIS software. Therefore, the review should be closed “due to lack of evidence of criminality.” The House Judiciary Committee will be critical of the PIS’s finding, calling its investigation “shallow and incomplete,” and saying the department appeared to be “more interested in constructing legal defenses for its managerial actions rather than investigating claims of wrongdoing which, if proved, could undermine or weaken its litigating posture.” [US Congress, 9/10/1992]
Former National Security Adviser John Poindexter is indicted on seven felony counts relating to his participation in the Iran-Contra affair. Poindexter is named with fellow Iran-Contra conspirators Oliver North, Richard Secord, and Albert Hakim as part of a 23-count, multi-defendant indictment. The charges are based on evidence that shows all four defendants conspired to defraud the United States and violate federal law by secretly providing funds and supplies to the Nicaraguan Contras. The cases will soon be severed and each defendant will be tried separately (see May-June, 1989). [FINAL REPORT OF THE INDEPENDENT COUNSEL FOR IRAN/CONTRA MATTERS: Chapter 3: United States v. John M. Poindexter, 8/4/1993; PBS, 2000]
President Reagan declares that he believes the four defendants in the Iran-Contra trial (see March 16, 1988) are not guilty of any crimes. Two former National Security Council officials, John Poindexter and Oliver North, and two arms dealers, Richard Secord and Albert Hakim, face multiple charges in the indictments. Reagan says he thinks of North as a hero and has difficulty believing the Iran-Contra affair was a scandal. “I just have to believe that they’re going to be found innocent because I don’t think they were guilty of any lawbreaking or any crime,” he says. “I still think Ollie North is a hero. On the other hand, any talk about what I might do about pardons and so forth, I think, with the case before the courts, that’s something I can’t discuss now.” Law professor Burt Neuborne says that Reagan’s comments are “inappropriate.” Neuborne says: “When you have people charged with a serious violation of the law it is inappropriate for the president to applaud them and call them heroes.… If you have a president who is not willing to enforce the law, you would never be able to enforce it without the special prosecutor.” An administration official says that in the aftermath of Reagan’s remarks, some White House aides are probably “all cringing.” A senior White House official says, “The rest of us have been told not to comment on the indictments.” Reagan’s domestic policy adviser Gary Bauer says that Reagan’s remarks reflect “what a good number of Americans still believe.… Clearly, it was something from the heart.” Vice President Bush has joined Reagan in expressing his admiration for North, saying, “I think anybody who sheds blood for his country and wins a Purple Heart, three of them, and a Silver Star, deserves whatever accolades one gets for that kind of stellar, heroic performance.” According to recent polls, only 21 percent of Americans believe North is a hero. [New York Times, 3/26/1988]
Members of the House Armed Services Committee investigate a smear campaign against veteran US Army intelligence officer and whistleblower Tom Golden, who was assigned to a watchdog post within the highly secretive Continuity of Government (COG) program in 1984 (see January 1984) and informed the Army Inspector General’s Office of several instances of waste, fraud, and abuse within his unit at Fort Huachuca, Arizona, in July 1987 (see July 1987). Golden was removed from his position shortly after speaking to Army investigators and has since been targeted by members of the COG program for further retaliation (see After July 1987). Attempts by the committee to investigate claims of retaliation against Golden are thwarted by the secrecy of the program. Most of the congressmen lack the necessary security clearances to hear testimony on the COG project. Still, in a classified 1989 report, the House Armed Services Committee will conclude that Golden is the target of a lengthy and deliberate smear campaign. The Army Inspector General’s Office has reached a similar conclusion (see Summer 1987), as will the Justice Department (see January-November 1990). Despite the findings, the effort to discredit Golden will continue for years (see August 1990). During the investigation, the Congressional committee learns enough to fear for Golden’s safety and urges the Army to transfer him to Huntsville, Alabama, which it does. [Philadelphia Inquirer, 12/16/1990; Knight Ridder, 12/18/1990; CNN Special Assignment, 11/17/1991]
In a 7-1 ruling, the Supreme Court rules that the independent counsel law is Constitutional and valid. The ruling overturns a recent appeals court ruling striking down the law because it conflicts with the “unitary executive” theory of government (see January 1988). The ruling stuns the Reagan administration, who had fiercely argued against the independent counsel law, in part because conservative justice William Rehnquist authors the majority opinion. Only Reagan appointee Antonin Scalia votes in favor of the unitary executive. [Savage, 2007, pp. 46-49]
Crew members monitor radar screens in the combat information center aboard the Vincennes. This photo was taken by a crew member in January 1988. [Source: Public domain]The USS Vincennes, a state-of-the-art Aegis guided missile cruiser patrolling the Strait of Hormuz in an effort to keep oil tankers safe from Iranian and Iraqi depredations, detects an Iranian aircraft apparently closing in on its position. The captain and crew of the Vincennes are aware of previous attacks on US ships and Kuwaiti oil tankers by Iranian gunboats, and know of the attack a year before on the USS Stark by an Iraqi fighter (see May 17, 1987 and After). Just a half-hour before, the Vincennes itself had fired on Iranian gunboats. Captain Will Rogers III has seven minutes to decide what to do about the aircraft, which he and his radar operators believe is most likely an Iranian F-14. Although the first transmission from the Iranian aircraft identifies itself as “commair”—commercial aircraft—the radio operator forgets to reset his receiver, and subsequently receives transmissions from Iranian military aircraft which he mistakenly attributes to the incoming aircraft. When the aircraft is nine miles away, Rogers fires two SM-2 surface-to-air missiles at the aircraft. At least one missile hits the plane, which is not a military fighter, but Iran Air Flight 655, a civilian Boeing 747 carrying 290 passengers. The missile slices the airliner in half; all 290 passengers, including 66 children, die. Though the international community is outraged, the White House and the Pentagon defend the Vincennes’s action. The UN Security Council will not condemn the attack, and President Reagan volunteers to pay compensation to the families. The Navy is embarrassed that in the first real military action from one of its new Aegis cruisers, it had shot down an unarmed civilian aircraft. An investigation proves that the aircraft had been well within a commercially designated flight path, and was not descending in a threatening manner, as was initially claimed by both Vincennes personnel and Pentagon officials. No disciplinary actions against Rogers or any of his crew are ever taken. During the 1988 presidential campaign, Vice President George H. W. Bush will frequently say of the incident: “I will never apologize for the United States of America. I don’t care what the facts are.” [New York Times, 11/9/1988; TomDispatch (.com), 5/3/2007; History (.com), 2008]
Jim Wright. [Source: Wally McNamee / Corbis]A group of Nicaraguan Contra leaders walks unexpectedly into the office of Speaker of the House Jim Wright (D-TX) and demands a meeting. They want to discuss prisoners being held by the Sandinista government. Wright is perplexed, but agrees to see them.
'Reagan-Wright' Peace Plan - Wright has engineered a peace program between the US and Nicaragua known as “Reagan-Wright,” a program very unpopular with right-wing Republicans both in the White House and in Congress. White House officials such as President Reagan’s national security affairs assistant Colin Powell and Assistant Secretary of State Elliott Abrams have attempted to derail the program by trying to persuade other Central American leaders to come out against Nicaragua and thereby undermine the peace talks. But the program has progressed, largely because of Wright’s tireless efforts and the cooperation of Costa Rican President Oscar Arias Sanchez (who won the 1987 Nobel Peace Prize for his efforts). Wright had informed the leaders of the different factions in Nicaragua, Contras and Sandinistas alike, that his door was always open to them.
Enemy in House - Wright does not realize that he has an implacable enemy in powerful House member Dick Cheney (R-WY). Cheney is offended by what he sees as Wright’s encroachment on powers that should be reserved for the executive branch alone, and has devised a campaign to further undermine Wright.
Meeting between Wright and Contras - When the Contra leaders meet with Wright, the speaker has already informed the CIA that its agents who were fomenting civil unrest and provoking the Sandinistas were violating the law. He tells the Contras that they can no longer expect CIA agitators to work on their behalf. When news of the meeting gets back to Cheney and Abrams, they are, in Wright’s recollection, “furious.”
Washington Times Claims Wright Leaked Classified Information - The State Department steers the angry Contra delegation to the offices of the right-wing Washington Times, where they tell the editorial staff what Wright had told them—that the CIA is illegally provoking unrest in Nicaragua. A week later, Wright is floored when a Times reporter confronts him with accusations that he has leaked classified CIA information to foreign nationals.
Security Breach Allegation - Wright’s defense—he had told the Contras nothing they didn’t already know—does not placate Cheney, who immediately calls for a thorough investigation of Wright’s “security breach.” Speaking as a member of the House Intelligence Committee, Cheney says Wright has raised serious “institutional questions that go to the integrity of the House, to the integrity of the oversight process in the area of intelligence, and to the operation of the Intelligence Committee.”
Set-Up - An investigative reporter from Newsday, Roy Gutman, learns from State Department sources that Wright had been set up by Cheney and Abrams. State Department officials sent the Contras to the Washington Times with specific instructions to leak the CIA content of their discussion with Wright to the editors. But Gutman’s discovery has little impact on the situation.
Ethics Complaint - Cheney, with House Minority Leader Robert Michel (R-IL), files a complaint with the House Ethics Committee and demands an investigation by the Intelligence Committee, claiming Wright has compromised US intelligence operations in Central America. Throughout the process, neither Michel nor Cheney give Wright any warning of the complaints before they are filed.
Pressure from Cheney - Looking back, Wright will be more disturbed by Michel’s actions than by Cheney’s. He considered Michel a friend, and was amazed that Michel went along with Cheney in blindsiding him. Michel will later apologize to Wright, and say that Cheney had pressured him so much that he went along with Cheney in filing the ethics complaint without telling Wright. One aspect that Michel does not explain is why, as House minority leader, he would put the stamp of approval of the House leadership on the complaint, raising it to a much higher level than a complaint from a rank-and-file representative like Cheney. [Dubose and Bernstein, 2006, pp. 60-62]
Entity Tags: Washington Times, Roy Gutman, US Department of State, Robert Michel, Elliott Abrams, House Ethics Committee, House Intelligence Committee, Contras, Colin Powell, Oscar Arias Sanchez, Ronald Reagan, Richard (“Dick”) Cheney, Central Intelligence Agency, James C. (‘Jim’) Wright, Jr.
Timeline Tags: Iran-Contra Affair
US Representative Lester Aspin (D-WI), chairman of the House Armed Services Committee, sends a letter to Army Secretary John Marsh criticizing the Army Inspector General’s Office for failing to keep the identity of a key whistleblower confidential and for botching an investigation into corruption within the highly secretive Continuity of Government (COG) program (see Summer 1987). The House Armed Services Committee is currently investigating the case of Army intelligence officer Tom Golden, who was retaliated against after revealing to Army investigators several instances of waste, fraud, and abuse within the COG unit stationed at Fort Hauchuca, Arizona (see July 1987 and After July 1987). Aspin expresses “concern about the objectivity and competence of the investigation,” noting that “confidentiality was breached almost immediately by the head of the inspector general inspection team,” referring to Colonel Ned Bacheldor, formally the chief of the inspector general’s intelligence oversight division, who spoke with Golden personally and later leaked his identity to the very officers Golden had implicated. Bacheldor left the inspector general’s office midway through the investigation of Golden’s case to join the COG unit at Fort Hauchuca. Aspin’s committee will conclude that Golden is the victim of a retaliatory smear campign led in part by Bacheldor. The Army Inspector General’s Office has reached a similar conclusion (see Summer 1987), as will the Justice Department (see January-November 1990), but the effort to discredit Golden will continue (see August 1990). [Emerson, 8/7/1989; Philadelphia Inquirer, 12/16/1990; Knight Ridder, 12/18/1990]
Retired 20-year Army intelligence veteran Fred Westerman, who now heads the security firm Systems Evaluations Incorporated (see 1985) and whose government contract was canceled after he reported abuses inside the highly secretive Continuity of Government program (see December 1987 and 1986-1987), is alerted that his recently filed lawsuit against the government (see November 1988) is being frozen because the Justice Department has opened a criminal investigation into his company for allegedly trying to defraud the government. The suit, now frozen, will later be sealed (see August 8, 1989). Westerman will eventually lose another contract, along with his security clearances (see 1990). He will end up living in debt and unable to gain any restitution from the government (see November 1991). [Emerson, 8/7/1989; San Francisco Chronicle, 8/8/1989; Associated Press, 9/11/1989; CNN Special Assignment, 11/17/1991]
President George H. W. Bush places Vice President Dan Quayle in charge of the “Council on Competitiveness,” whose job is to review proposed agency regulations that arrive at the White House (see January 1985). Quayle’s council bottles up rules that industry opposes, and sometimes blocks them entirely by claiming that they post an excessive burden on businesses. [Savage, 2007, pp. 305]
Erwin Griswold. [Source: US Department of Justice]Former Solicitor General Erwin Griswold, who represented the United States before the Supreme Court in the landmark Pentagon Papers case in 1971 (see March 1971 and June 30, 1971), now writes that he saw nothing in those documents that threatened national security. In 1971, without ever actually reading the documents, Griswold argued that their publication constituted a “grave and immediate danger to the security of the United States.” Griswold writes in a Washington Post op-ed that he relied on the judgment of “three high officials, one each from the Defense Department, the State Department and the National Security Agency” to explain to him why the documents posed such a threat. (In 2006, then-White House counsel John Dean will write that Griswold “did not insist on knowing what was actually contained in the Pentagon Papers, and he never found out, even as he insisted on the importance of their continued secrecy.”) In 1971, Griswold told the Court: “I haven’t the slightest doubt myself that the material which has already been published and the publication of the other materials affects American lives and is a thoroughly serious matter. I think to say that it can only be enjoined if there will be a war tomorrow morning, when there is a war now going on, is much too narrow.” Griswold now writes: “I have never seen any trace of a threat to the national security from the publication [of the documents]. Indeed, I have never seen it even suggested that there was such an actual threat.… It quickly becomes apparent to any person who has considerable experience with classified material that there is massive overclassification and that the principal concern of the classifiers is not with national security, but rather with governmental embarrassment of one sort or another.” [Washington Post, 2/15/1989; FindLaw, 6/16/2006; Siegel, 2008, pp. 200]
Kosovo’s Assembly, in a highly irregular vote on March 23, approves the new Serbian constitution, already approved by the Assembly of the Republic of Serbia on February 3. The Kosovo vote does not meet the three-fourths majority necessary for amendments and is not held with a quorum, people from Belgrade and security personnel vote, and the votes are not actually counted. Assembly members are threatened if they vote no. The vote occurs under “a state of exception,” with disorder in the province and mobilization of the military.
Kosovo's Position under the New Serbian Constitution - Under the new Serbian constitution, the province is again called Kosovo and Metohija, and the autonomous provinces are defined as “a form of territorial autonomy,” regulated by the Serbian constitution. The 1968, 1971, and 1974 constitutional changes opposed by Serbs are nullified and Kosovo is in about the same position as it was under the 1945 and 1963 Yugoslav constitutions. The province loses its Executive Council and Assembly, and autonomy in police, courts, finance, and planning. Kosovo can pass statutes with the approval of Serbia’s Assembly.
Kosovar Demonstrations - Following the vote, hundreds of thousands protest, saying, “Long live the 1974 Constitution!” and “Tito-Party!” resulting in the declaration of martial law. Twenty-four civilians and two police are killed, but Paulin Kola will later put the number at over 100 killed and hundreds injured, while Miranda Vickers will say 28 are killed. Kola will refer to The Times’s March 31 issue, saying 12 police are critically injured and 112 less seriously injured on March 23; Radio Ljubljana says 140 Albanians are killed and 370 wounded through April; Albanian academic Rexhep Qosja will say in 1995 that 37 are killed, hundreds injured, and 245 intellectuals and 13 leaders arrested; The Times of June 2 says 900 are arrested, and on April 22 the Union of Kossovars writes to UN Secretary General Javier Peres de Cuellar, saying over 1,000 were killed and thousands hurt. More than 1,000 are tried in Ferizaj, according to a 1998 book by Noel Malcolm. Kosovo is again placed under a state of emergency. Workers who do not work are fired or arrested.
Slovenian Reaction - About 450,000 Slovenians sign a petition supporting their government’s views and opposing the crackdown in Kosovo.
Serbian Reaction - Hearing of the Slovenian petition, over 100,000 demonstrate the following day around Serbia, Vojvodina, Skopje, and Titograd.
Albania's Reaction - Albania’s relations with Yugoslavia had been deepening in the late 1980s, but Albania reacts more strongly to the March events. Foto Cami condemns Yugoslavia’s “erroneous policies” on the ethnic Albanians and says it will damage regional cooperation. Protests follow throughout Albania. Yugoslavia blames Albania for the violence in Kosovo. Ramiz Alia, now general secretary of the PLA, will say at a Political Bureau session in August 1990 that Western governments told Kosovar Albanians that to solve the problems in Kosovo, Albania had to change its government.
Soviet Reaction - Soviet media support the Serbs and refer to violence by Albanian nationalists, while saying that the majority in Kosovo and Vojvodina support the new Serbian constitution.
Western European Reactions - The UK says nothing. Although Yugoslavia’s Foreign Minister, Budimir Loncar, meets with British Prime Minister Margaret Thatcher in April, the contents of their talks are unknown to the public. Three years in the future a high-ranking official in Germany will regret this inaction.
American Reaction to the Turmoil in Kosovo - On March 9, three US senators proposed Senate Concurrent Resolution 20—Relating to the Conditions of Ethnic Albanians in Yugoslavia, which was passed prior to March 23. US policy supports Kosova’s position under the 1974 Constitution and the resolution asked President George H. W. Bush to reiterate this to the Yugoslav leadership. The Senate Foreign Relations Committee conducted a hearing on March 15. [Vickers, 1998, pp. 234-238; Kola, 2003, pp. 180-184, 190]
Entity Tags: Yugoslavia, United States of America, Union of Soviet Socialist Republics, Foto Cami, Germany, Javier Peres de Cuellar, Budimir Loncar, Josip Broz Tito, Assembly of the Republic of Serbia, Albania, 1945 Yugoslav Constitution, 1963 Yugoslav Constitution, 1974 Yugoslav Constitution, Assembly of the Province of Kosovo, United Kingdom, London Times, Miranda Vickers, Senate Foreign Relations Committee, US Senate, Union of Kossovars, Margaret Thatcher, Rexhep Qosja, Radio Ljubljana, Ramiz Alia, Noel Malcolm, Paulin Kola, Party of Labor of Albania
Timeline Tags: Kosovar Albanian Struggle
The Office of Professional Responsibility (OPR), an oversight unit at the Justice Department, issues a report on the Inslaw affair over the department’s alleged theft of enhanced PROMIS software. The report finds that allegations of bias made by Inslaw and seconded by a bankruptcy court (see September 28, 1987) against departmental officials are unsupported. Inslaw had questioned the performance of former Attorney General Edwin Meese, former Deputy Attorney General Lowell Jensen, former Deputy Attorney General Arnold Burns, and others. The OPR says that the court’s findings on misconduct by department officials are “clearly erroneous.” In addition, the report says: “There is no credible evidence that the department took or stole Inslaw’s enhanced PROMIS by trickery, fraud, and deceit. Additionally, we have found no credible evidence that there existed in the department a plot to move to convert Inslaw’s Chapter 11 bankruptcy to one under Chapter 7 of the bankruptcy code.” The House Judiciary Committee will be extremely critical of this investigation, commenting, “During its investigation OPR chose to ignore the court’s findings and conclusions that there was bias against Inslaw at the department.” In addition, the committee will say that the OPR looked at the bias allegations in isolation and “incredibly” did not examine the merits of the contract dispute, meaning its conclusions on the taking of PROMIS and the type of bankruptcy were “gratuitous,” especially as Burns had told it the department agreed Inslaw owned the enhancements it made to PROMIS (see August 11, 1982). The committee will also point out that the OPR’s deputy counsel, Richard M. Rogers, said he was recused from the investigation because of his association with Burns, although he was present when Meese provided a sworn statement. In this context, the committee will highlight problems found by the Government Accountability Office with OPR around this time (see February 7, 1992). [US Congress, 9/10/1992]
Lieutenant Colonel Oliver North, a key figure in the Iran-Contra scandal (see February 1989), is convicted of three counts of falsifying and destroying documents (see November 21-25, 1986 and March 16, 1988), of obstructing a Congressional investigation, and of illegally receiving a gift of a security fence around his home. He is acquitted of nine other counts. Though facing up to ten years in prison and a $750,000 fine, North receives an extremely lenient sentence: three years’ suspended, two years’ probation, community service, and a $150,000 fine. He also has his Marine service pension suspended. During the trial, North admits he lied repeatedly to Congress during his testimony (see July 7-10, 1987), but says that his superiors, including National Security Adviser John Poindexter, ordered him to lie under oath. North contends that he was made a scapegoat for the Reagan administration. “I knew it wasn’t right not to tell the truth about these things,” he says, “but I didn’t think it was unlawful.” US District Court Judge Gerhard Gesell calls North a “low-ranking subordinate who was carrying out the instructions of a few cynical superiors,” and says to North: “I believe you still lack understanding of how the public service has been tarnished. Jail would only harden your misconceptions.” North, who had been staunch in justifying his actions in the Iran-Contra hearings, now expresses remorse over his crimes, saying, “I recognize that I made many mistakes that resulted in my conviction of serious crimes… and I grieve every day.” North, who is a popular speaker with conservative organizations, can pay off his fine with six speaking engagements. Nevertheless, he says he will appeal his conviction. [BBC, 7/5/1989; New York Times, 9/17/1991] North’s conviction will indeed be overturned by an appeals court (see September 17, 1991).
Elliot Richardson, an attorney acting for the software company Inslaw, writes to Attorney General Richard Thornburgh about the dispute with the Justice Department over the department’s alleged misappropriation of enhanced PROMIS software. Richardson complains about a review of the case by the Public Integrity Section (PIS), an oversight component at the department, which came down against Inslaw’s claims (see February 29, 1988). He says that there is a conflict of interest because the department is defending itself against a civil action by Inslaw while at the same time investigating itself over the allegations that form the basis of the action. If the internal investigation found wrongdoing by the department, this would destroy the department’s case in court. His view is that the department has given priority to defending itself against the civil action, not the criminal investigation of its own wrongdoing. Richardson adds that no one from the PIS has contacted him, Inslaw counsel Charles Work, some of the witnesses in the case, or Inslaw’s owners. Despite this, the owners provided the PIS with the names of 30 people who had information relevant to the investigation in December 1988. Therefore, Richardson concludes that the only solution is for the department to appoint an independent counsel. [US Congress, 9/10/1992]
The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
“4. Micromanagement of the Executive Branch”;
“5. Attempts to Gain Access to Sensitive Executive Branch Information”;
“9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]
Charles Work, counsel for the software company Inslaw, writes to the Justice Department over the department’s alleged misappropriation of enhanced PROMIS software. Work says that an investigation of the case by the Public Integrity Section, an oversight component at the department, is deficient, and he describes specific problems with it (see February 29, 1988). However, the department does not re-open the inquiry. [US Congress, 9/10/1992]
President George H. W. Bush nominates his former foreign policy adviser, Donald Gregg, to become the US Ambassador to South Korea. Gregg is one of the architects of the Contra funding and supply program (see March 17, 1983). Gregg faces some difficulty in his Senate confirmation hearings stemming from his linchpin role in Iran-Contra, with Senator Alan Cranston (R-WY) telling him: “You told the Iran-Contra committee that you and Bush never discussed the Contras, had no expertise on the issue, no responsibility for it, and the details of Watergate-sized scandal involving NSC staff and the Edwin Wilson gang [a group of ‘rogue’ CIA agents operating in apparent conjunction with Bush] was not vice presidential. Your testimony on that point is demonstrably false. There are at least six memos from Don Gregg to George Bush regarding detailed Contra issues.” But Cranston is the only member of the committee to vote against Gregg’s confirmation. [Spartacus Schoolnet, 12/28/2007]
The Justice Department investigates and clears veteran US Army intelligence officer Tom Golden, who has been the target of a smear campaign since blowing the whistle on corrupt activities within the highly clandestine Continuity of Government (COG) program (see July 1987 and After July 1987). In January 1990, the Justice Department receives a 21-page document, classified higher than top secret, from within the COG project. Members involved with the secret program, commonly referred to as the Doomsday project, allege Golden is a security risk and depict him as Soviet spy with personal issues. The document offers as evidence detailed conversations provided by an informant, Army officer Robert Rendon, who is a convicted criminal and admitted black-marketer who worked in the COG program at the same time as Golden (see July 28, 1983). The FBI opens an investigation of Golden based on the document, but finds he is guilty of no wrongdoing and concludes he is in fact the target of a retaliatory smear campaign spearheaded by Rendon and other members of the COG project. The Army Inspector General’s Office and the House Armed Services Committee have investigated the issue and reached the same conclusion (see Summer 1987 and Summer 1988-1989), but the effort to discredit Golden will continue (see August 1990). [Philadelphia Inquirer, 12/16/1990; Knight Ridder, 12/18/1990]
A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]
In connection with the Iran-Contra scandal, former National Security Adviser John Poindexter (see March 16, 1988) is convicted of five felonies, including conspiring to obstruct official inquiries and proceedings, two counts of obstructing Congress, and two counts of lying to Congress. Poindexter is sentenced to six months in prison. Instead of serving his jail time, he will win a reversal in federal appeals court. [FINAL REPORT OF THE INDEPENDENT COUNSEL FOR IRAN/CONTRA MATTERS: Chapter 3: United States v. John M. Poindexter, 8/4/1993] The New York Times will write during Poindexter’s sentencing hearing that, though Poindexter had a brilliant career before becoming Ronald Reagan’s national security adviser, he should go to jail because he is not only clearly guilty of the felonies he is convicted of, but he has shown a total lack of remorse or contrition. “The admiral disagreed with [the] fundamental rule of law and apparently still does,” the Times will write, noting that Poindexter apparently feels that if he views the law as incorrect or overly constraining, he is well within his rights to break that law. [New York Times, 6/11/1990]
Former Attorney General Edwin Meese is interviewed by the House Judiciary Committee about the Inslaw affair. He says that he cannot recall any discussions with former Justice Department official Lowell Jensen about office automation or case tracking at the department. He adds that if there were such a discussion, it would have been casual conversation. [US Congress, 9/10/1992] However, Jensen previously said he discussed the “whole Inslaw matter” with Meese (see June 19, 1987).
Army Warrant Officer Robert Rendon, an admitted black-marketer once assigned to the highly secretive Continuity of Government (COG) program (see July 28, 1983) who is currently working in an Army unit known as the Foreign Counterintelligence Activity at Fort Meade, Maryland, suggests to a fellow unidentified officer that Tom Golden, an Army intelligence veteran and whistleblower, is a security risk and possible Soviet spy. Golden has been the target of a smear campaign led by Rendon since alerting Army investigators to several instances of waste, fraud, and abuse within the clandestine COG project, commonly referred to as the Doomsday program (see July 1987 and After July 1987). Rendon makes several disparaging remarks regarding Golden to the officer, who will later report the conversation to his superior. “Rendon made a lot of derogatory comments about Tom Golden,” the superior will say, according to the Philadelphia Inquirer. According to this officer, Rendon “was just bad-mouthing him, making a lot of innuendoes and implications—that Golden fit the profile of John Walker,” referring to the naval intelligence officer convicted in 1985 of spying for the Soviet Union. “That’s pretty low, a guy with a very good reputation is being smeared,” he says. Three other Army intelligence officers will tell the Inquirer that the conversation fits a pattern going back three years. “Rendon has cast doubts on Tom and others for a long time,” one officer will say. The Army Inspector General’s Office (see Summer 1987), the House Armed Services Committee (see Summer 1988-1989), and the Justice Department (see January-November 1990) have all investigated Golden’s case and concluded he is guilty of no wrongdoing and has been targeted for retaliation by members of the secret program. [Philadelphia Inquirer, 12/16/1990]
A Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Marc Valois of the Canadian Department of Communications, apparently says that PROMIS is being used to support 900 locations around the Canadian government. [US Congress, 9/10/1992] Another Canadian official will soon make a similar statement (see January 1991), but both he and Valois will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).
Interviewed by investigators for Iran-Contra special prosecutor Lawrence Walsh (see December 19, 1986), Defense Department official Lieutenant General John Moellering testifies to his participation in Oliver North’s Restricted Interagency Group (RIG) meetings. In several RIG meetings, North asserted his control over the Nicaraguan Contra activities, discussed the private funding of the Contras, and demanded line-by-line approval of each specific activity (see July 1986 and After). Though he was present for at least one of those meetings, Moellering testifies that he has no recollection of any such behaviors or assertions from North. The later discovery of notes taken during Moellering’s “debriefing” for one such meeting by Moellering’s aide, Colonel Stephen Croker, will prove that Moellering either suffers from systemic memory loss or is lying. [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993] It is not until RIG member Alan Fiers, a former CIA official, testifies in 1991 about North’s behaviors that verification of North’s discussion of such specifics about Contra activities and funding will be made public (see July 17, 1991).
Despite several years of multi-million dollar investments, the high-tech communication system at the heart of the Continuity of Government program does not work properly. The system has been malfunctioning since it was first established. Officials from the National Program Office (NPO) faked the broken system’s first major test in 1985, successfully fooling the congressmen responsible for allocating funds for the project (see Late 1985). Five years later, federal agencies are still unable to “talk” to one another with the equipment. “It was like, ‘So what, we’ll catch up with it later,’” a former NPO official will tell CNN, “but later never came.” Sources familiar with the system say a lack of oversight has allowed problems within the Continuity of Government program to go unchecked and spiral out of control. [CNN Special Assignment, 11/17/1991]
The House Subcommittee on Economic and Commercial Law holds a hearing about the failure of Attorney General Richard Thornburgh to provide full access to all documents and records about the Inslaw case. At the hearing, Inslaw owner William Hamilton and its attorney Elliot Richardson air their complaints about an alleged criminal conspiracy in the Justice Department’s handling of a contract with Inslaw and its alleged theft of an enhanced version of the PROMIS application. Steven Ross, the general counsel to the clerk of the US House of Representatives, refutes the Justice Department’s rationale for withholding documents related to possible wrongdoing by its officials involved with the Inslaw contract. In addition, Government Accountability Office representatives describe deficiencies in the Justice Department’s Information Resources Management Office and its administration of data processing contracts.
Bason's Allegations - Judge George Bason, a bankruptcy judge who had found in favor of Inslaw in a dispute with the department (see September 28, 1987), testifies that he believes his failure to be reappointed as bankruptcy judge was the result of improper influence on the court selection process by the department because of his findings. Bason cites information provided to him by a reporter (see May 1988) and negative statements about him by departmental employees (see June 19, 1987 and June 1987 or Shortly After). After investigating these allegations, the committee will find: “The committee could not substantiate Judge Bason’s allegations. If the Department of Justice had influence over the process, it was subtle, to say the least.” Bason will point out that Norma Johnson, the judge who chaired the meeting at which he was not reappointed (see December 15, 1987), had previously worked with departmental official Stuart Schiffer, who was involved in the Inslaw case. However, the committee will comment that it has “no information that Judge Johnson talked to Mr. Schiffer about Inslaw, Judge Bason, or the bankruptcy judge selection process.”
Thornburgh's Reaction - Following this hearing, Thornburgh agrees to cooperate with the subcommittee, but then fails to provide it with several documents it wants. [US Congress, 9/10/1992]
In 1991, Ayaad Assaad is a scientist working at USAMRIID, the US Army’s top bioweapons laboratory. He is a Christian and a long-time US citizen, but he was born in Egypt and his Middle Eastern background and appearance apparently bothers some other scientists at USAMRIID. Around Easter 1991, not long after the Persian Gulf War had ended, Assaad discovers an eight-page poem in his mailbox. The poem mocks Assaad, sometimes in crude and lewd terms. It makes reference to a rubber camel made by some other scientists in the lab that has numerous sexually explicit appendages.
"Camel Club" - The group behind the camel and the poem refer to themselves as the “Camel Club.” There are at least six members of this group. Three are known by name—Philip Zack, Marian Rippy, and Charles Brown—but the names of the others have never been made public.
Complaint - Assaad’s supervisor at USAMRIID at the time is Col. David Franz. Assaad will later claim he went to Franz about the poem and the camel, but Franz “kicked me out of his office and slammed the door in my face, because he didn’t want to talk about it.” Two other Arab-Americans, Kulthoum Mereish and Richard Crosland, also work under Franz and also face harassment from the Camel Club. They will join Assaad in later suing USAMRIID and claiming that Franz was a racist who failed to take any action against the Camel Club, and then fired all three of them when he got the chance during layoffs in 1997 (see May 9, 1997). By the time of the anthrax attacks in 2001, Franz will be a private consultant on countermeasures to biological and chemical attacks. [Hartford Courant, 12/9/2001; Hartford Courant, 1/20/2002] Zack leaves USAMRIID in December 1991 after facing allegations of unprofessional behavior. Rippy leaves in February 1992.
Investigation - After being ignored by Franz, Assaad files a formal complaint with the Army. Col. Ronald Williams, commander of USAMRIID at the time, heads the investigation. In August 1992, he concludes that Zack and Rippy had been at the center of the Camel Club and also were having an affair with each other even though both were married. Williams formally concludes to Assaad, “On behalf of the United States of America, the Army, and this Institute, I wish to genuinely and humbly apologize for this behavior.” [Salon, 1/26/2002] However, most of the other members of the Camel Club will still be working at USAMRIID when Assaad is laid off in 1997 (see May 9, 1997).
Alleged Patsy - An anonymous letter sent just before the real anthrax attacks are made public in 2001 will say that Assaad is ready to launch a biological attack on the US (see September 26, 2001 and October 3, 2001). Some will later suspect that this letter was an attempt to use Assaad as a scapegoat for the attacks, and his targeting may have been related to the Camel Club dispute. [Hartford Courant, 1/20/2002]
A second Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Denis LaChance of the Canadian Department of Communications, apparently says that PROMIS is being used by the Royal Canadian Mounted Police to support its field offices. [US Congress, 9/10/1992] Another Canadian official had previously made a similar statement (see November 1990), but both he and LaChance will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).
Early diagram of V-22 Osprey. [Source: US Navy]Defense Secretary Dick Cheney refuses to issue contracts for the trouble-plagued V-22 Osprey, a vertical takeoff and landing (VTOL) airplane designed to replace the Vietnam-era Sea Stallion helicopters. Cheney opposes the Osprey, but Congress has voted to appropriate funds for the program anyway. Cheney refuses to issue contracts, reviving the Nixon-era practice of “impounding” funds, refusing to spend money Congress has already appropriated. The practice of impoundment was made illegal by Congressional legislation in 1974; Cheney believes the anti-impoundment law to be illegal, and ignores it. Many look at Cheney’s opposition to the Osprey as an unusual example of fiscal restraint from Cheney, who is well known to favor most high-budget defense programs, but author and reporter Charlie Savage will cite the Osprey example as an instance of Cheney attempting to impose the executive branch’s will on the legislature. The Osprey will become operational in 2006. [Wired News, 7/2005; Savage, 2007, pp. 62]
Juval Aviv, an Israeli businessman resident in the US, makes allegations to the House Judiciary Committee about the distribution of PROMIS software. Aviv, who claims to be a former member of Mossad, says he can provide information that a businessman named Earl Brian sold the enhanced version of the PROMIS software to US government agencies outside the Justice Department, including the CIA, NSA, NASA, and the National Security Council. Aviv also claims Brian sold the software to Interpol in France, the Israeli Air Force, and the Egyptian government, the latter through the foreign military assistance program. He also says the software was converted for use by both the United States and British Navy nuclear submarine intelligence data base. Aviv says there are witnesses and documents to corroborate his allegations, but refuses to repeat these claims under oath or provide any further information. These charges will be mentioned in the committee’s final report on the Inslaw affair, but the committee will not endorse them. [US Congress, 9/10/1992] Aviv previously collaborated on the book Vengeance, which purports to describe Mossad’s assassination campaign after a terrorist attack at the 1972 Munich Olympics. The book will later be made into a film, Munich, by Steven Spielberg. However, intelligence writers Yossi Melman and Steven Hartov will call the book a “Walter Mitty fabrication,” adding: “[O]ur investigations show that Aviv never served in Mossad, or any Israeli intelligence organisation. He had failed basic training as an Israeli Defence Force commando, and his nearest approximation to spy work was as a lowly gate guard for the airline El Al in New York in the early ‘70s.” [Guardian, 1/17/2006]
Ari Ben-Menashe, a former employee of an Israeli intelligence agency, says he is willing to testify before the House Judiciary Committee in its investigation into the alleged theft of PROMIS software. In return, however, he asks the committee to arrange an extension for his US visa, which is about to expire, and to provide him with immunity from any prosecution. The immunity is to relate to information and documents he allegedly possesses regarding the illegal distribution and sale of an enhanced version of the software by businessman Earl Brian to the Israeli government. However, the committee refuses the request, and Ben-Menashe will later provide a sworn statement with no conditions (see May 29, 1991). [US Congress, 9/10/1992]
The Justice Department refuses to provide the House Judiciary Committee with some equipment and documentation relating to its alleged theft of an enhanced version of the PROMIS software. The refusal is in response to a request for access to the equipment and documents sent by the committee in November, following allegations by used computer dealer Charles Hayes (see August 1990). However, W. Lee Rawls, the assistant attorney general for the Office of Legislative Affairs, says that although the committee can see the equipment and examine the documents that came with it based on a civil writ of possession, the committee cannot operate the equipment. Nor can the department provide a printout of the information contained in the equipment, as it does not have such a printout and “disclosure of this information would compromise an ongoing criminal investigation.” In addition, the committee cannot have access to some documents in civil division files, as providing them could harm a pending criminal investigation relating to the matter. These documents are non-public witness statements, attorneys’ notes about the statements and conversations with prosecutors, draft pleadings and memoranda, and other material, as well as exhibits sealed by a court. [US Congress, 9/10/1992]
Charles Hayes, a computer dealer who claims a US attorney’s office has mistakenly given him a copy of the PROMIS application (see August 1990), hands over to the House Judiciary Committee disks he says contain the software. Hayes also makes a sworn statement about his assertions, saying he thinks PROMIS was copied onto the disks from the original media by personnel at the attorney’s office. However, when the committee examines the disks, it finds only training programs for the computers. In addition, William Hamilton, the owner of the company that developed the application, tells the committee it is “highly implausible” that the 5 1/4-inch disks could contain the enhanced version of the software. He adds that if PROMIS was being used on the computers Hayes purchased, it would have to be the public domain version, which is owned by the Justice Department, not the enhanced version owned by Inslaw. [US Congress, 9/10/1992]
A Canadian government official tells the US House Judiciary Committee that Canada is reluctant to cooperate with the committee’s inquiry into the alleged theft of a version of the PROMIS software by the US Justice Department and its subsequent passage to Canada. This is in response to a letter sent on February 26, 1991, in which the committee asked Canadian Ambassador Derek Burney for help determining what version of the software the Canadian government was using. The official, Jonathan Fried, counselor for congressional and legal affairs at Canada’s Washington embassy, says that “Canadians had been burned once before by Congress,” and imposes conditions on Congressional questioning of Canadian officials. The conditions are that interviews of individuals be conducted only in the presence of lawyers for the relevant departments and their superiors and that no Canadian public servants would be witnesses in any foreign investigative proceedings. The committee accepts these conditions in mid-March, and identifies the two Canadian officials it wants to speak to (see November 1990 and January 1991). [US Congress, 9/10/1992]
Shortly before the US House Judiciary Committee interviews two Canadian officials who have said Canada has the allegedly stolen PROMIS software (see November 1990 and January 1991), the Canadian government contacts the committee and imposes a further condition on the interviews. The Canadians had already insisted the officials be accompanied by minders (see Shortly After February 26, 1991), but now says that, in addition, they will only answer questions specifically related to the software. They will not answer questions about any allegations that four software programs that may have been acquired by the Canadian government may be derivates of the PROMIS software. If the committee wants information about such alleged derivatives, it will have to submit a written request. [US Congress, 9/10/1992]
Two Canadian officials who had previously said that the Canadian government was using Inslaw’s PROMIS software now tell the US House Judiciary Committee that it is not. In an interview with the committee, officials Denis LaChance and Marc Valois of the Canadian Department of Communications say that they had incorrectly identified software used by the Canadians as being Inslaw’s PROMIS (see November 1990 and January 1991), whereas in fact it was actually project management software from a company called the Strategic Software Planning Corporation that is also called PROMIS. Despite an objection by the Canadians to them being asked about PROMIS derivatives in Canada (see Before March 22, 1991), the two officials also say they do not use or know of a derivative of Inslaw’s PROMIS in Canada. The president of the Strategic Software Planning Corporation will later acknowledge in a sworn statement to committee investigators that his company had sold a few copies of his firm’s PROMIS software to the Canadian government in May 1986. [US Congress, 9/10/1992]
Former White House counsel John Dean, shocked by allegations that he was behind the Watergate burglary in an attempt to prove that Democrats were involved in a prostitution ring (see May 6, 1991), calls Hays Gorey, a reporter with Time magazine who co-authored a book with Dean’s wife Maureen about her experiences during Watergate. Gorey is shocked that Time is considering running an article on the allegations without conferring with him, as Gorey had anchored much of Time’s Watergate coverage at the time. Both he and Dean are stunned to see that Maureen Dean is accused of being connected to the so-called prostitution ring; Gorey calls the allegations complete fantasy. Gorey learns that Time has secured the rights to print portions of the not-yet-published book making the allegations, Silent Coup. Dean later writes that his wife finds the allegations “laughable,” and is completely certain that her former roommate, Heidi Rikan, never ran any prostitution ring, as the book alleges. She has no knowledge of an attorney named Philip Macklin Bailey, whom, the book’s authors claim, was connected to the supposed prostitution ring, and had her name as well as Dean’s in his address book. By the end of the day, the producers of CBS’s 60 Minutes have decided not to air a segment on the book, as neither the authors nor the book’s publisher can provide any proof of their allegations. Bailey is “unavailable” and the authors either cannot or will not provide any documentation to back up their claims. Time, however, still intends to publish an excerpt from the book and a review. Time’s editors ask Gorey to interview Dean for a sidebar article; by this point, Gorey has talked to numerous members of the Democratic National Committee (DNC) from 1972, and they all say that the allegation of the DNC either operating or patronizing a prostitution ring is absolute fiction. (One former DNC official tells Gorey that had the committee patronized such a ring, he would have been a regular customer.) Gorey loans Dean his advance copy of the book, and after skimming over it, Dean, writing in 2006, concludes that the book is “filled with false or misleading information. All the hard evidence (the information developed by government investigators and prosecutors) that conflicted with this invented story was simply omitted.” Dean and Gorey both wonder why St. Martin’s Press and Time believe they can publish such outlandish accusations without facing lawsuits. [Dean, 2006, pp. xvii-xviii]
Former White House counsel John Dean, who served prison time for his complicity in the Watergate conspiracy (see September 3, 1974), receives an early morning phone call from CBS reporter Mike Wallace. Dean has tried to keep a low public profile for over a decade, focusing on his career in mergers and acquisitions and staying out of politics. Wallace wants Dean’s reaction to a not-yet-published book by Leonard Colodny and Robert Gettlin, Silent Coup, which advances a very different theory about the Watergate affair than is generally accepted. According to Dean’s own writing and a Columbia Journalism Review article about the book, the book’s allegations are as follows:
Richard Nixon was guilty of nothing except being a dupe. Instead, Dean is the mastermind behind the Watergate conspiracy. Dean became involved both to find embarrassing sexual information on the Democrats and to protect his girlfriend, Maureen “Mo” Biner (later his wife), who is supposedly listed in a notebook linked to a prostitution ring operating out of the Watergate Hotel. This alleged prostitution ring was, the authors assert, patronized or even operated by officials of the Democratic Party. Dean never told Nixon about the prostitution ring, instead concocting an elaborate skein of lies to fool the president. According to the authors, Dean’s wife Maureen knew all about the call girl ring through her then-roommate, Heidi Rikan, whom the authors claim was actually a “madame” named Cathy Dieter. The address book belonged to a lawyer involved in the prostitution ring, Philip Macklin Bailey.
According to the book, the other schemer involved in Watergate was Nixon’s chief of staff Alexander Haig. Haig wanted to conceal his role as part of a military network spying on Nixon and his national security adviser, Henry Kissinger (see December 1971). Haig orchestrated the titular “silent coup” to engineer Nixon’s removal from office.
Haig was the notorious “Deep Throat,” the inside source for Washington Post reporter Bob Woodward (see May 31, 2005). Far from being a crusading young reporter, Woodward is, the book alleges, a “sleazy journalist” trying to cover up his background in military intelligence. Woodward had a strong, if covert, working relationship with Haig. [Columbia Journalism Review, 11/1991; Dean, 2006, pp. xv-xvii]
During the phone call, Wallace tells Dean, “According to Silent Coup, you, sir, John Dean, are the real mastermind of the Watergate break-ins, and you ordered these break-ins because you were apparently seeking sexual dirt on the Democrats, which you learned about from your then girlfriend, now wife, Maureen.” Wallace says that the book alleges that Dean had a secretive relationship with E. Howard Hunt, one of the planners of the Watergate burglary. Dean replies that he had little contact with Hunt during their White House careers, and calls the entire set of allegations “pure bullsh_t.” He continues: “Mike, I’m astounded. This sounds like a sick joke.” Wallace says that the authors and publisher, St. Martin’s Press, claim Dean was interviewed for the book, but Dean says no one has approached him about anything related to this book until this phone call. Dean says he is willing to refute the book’s claims on Wallace’s 60 Minutes, but wants to read it first. CBS cannot give Dean a copy of the book due to a confidentiality agreement. [Dean, 2006, pp. xv-xvii] Dean will succeed in convincing Time’s publishers not to risk a lawsuit by excerpting the book (see May 7, 1991), and will learn that the book was co-authored behind the scenes by Watergate burglar and conservative gadfly G. Gordon Liddy (see May 9, 1991 and After). The book will be published weeks later, where it will briefly make the New York Times bestseller list (see May 1991) and garner largely negative reviews (see June 1991).
Entity Tags: Heidi Rikan, G. Gordon Liddy, CBS News, Bob Woodward, Alexander M. Haig, Jr., St. Martin’s Press, Robert Gettlin, Philip Macklin Bailey, E. Howard Hunt, Maureen Dean, Mike Wallace, Leonard Colodny, Richard M. Nixon, Henry A. Kissinger, John Dean
Timeline Tags: Nixon and Watergate
Ari Ben-Menashe, a former Israeli intelligence employee, provides a sworn statement to the House Judiciary Committee on the PROMIS affair. He had previously said he would only tell what he knows under conditions (see February 6, 1991), but now waives this demand. Ben-Menashe says under oath that, in 1982, businessman Earl Brian and Robert McFarland, a former director of the National Security Council, provided the public domain version of PROMIS software to the Israeli government’s special intelligence operation Defense Forces. (This version was owned by the Justice Department; correspondence indicates the department provided a version of the software to Israel in 1983—see May 6, 1983 and May 12, 1983). Ben-Menashe also alleges he was present in 1987 when Brian sold an enhanced version of the software (which would have been owned by Inslaw) to the Israeli intelligence community and the Singapore armed forces and that, after these sales were completed, approximately $5.5 million was placed in a foreign bank account to which Brian had access. He also says that Brian sold the public domain version of PROMIS to military intelligence organizations in Jordan in 1983 and to the Iraqi government in 1987, a transaction brokered by a businessman named Carlos Cardoen. Ben-Menashe further claims that he has information about the sale of a public domain version of PROMIS by Israel to the Soviet Union in 1986, and the sale of the enhanced version to the Canadian government coordinated by Brian. Ben-Menashe states that various unnamed Israeli officials would corroborate his statements, but refuses to identify these officials or provide evidence to corroborate his statements unless he is called as an official witness for the committee under a grant of immunity. The committee decides not to grant immunity and will include these claims in a section of its report that merely states what witnesses told it, without endorsing their claims. [US Congress, 9/10/1992] Ben-Menashe will go on to be involved in numerous major and minor international scandals, picking up a chequered reputation for honesty. [New Statesman, 2/25/2002]
JAG branch insignia. [Source: About (.com)]Defense Secretary Dick Cheney attempts to have the Judge Advocate General corps of military lawyers placed under the control of the general counsels of the various military branches; the general counsels are political appointees and more amenable to compliance with senior White House and Pentagon officials. Cheney’s decision is initially sparked by a conflict between the US Army’s top JAG, Major General John Fugh, and Army general counsel William “Jim” Haynes. Fugh has compiled a long, outstanding record of legal service in the Army. Haynes, 20 years Fugh’s junior and a civilian, is a former JAG officer (where he worked under Fugh) and a close friend of Cheney’s aide, David Addington. Haynes became something of a protege to Addington, and his career benefited as a result. When Haynes became the Army’s general counsel largely through Addington’s influence, Fugh quickly became irritated with his former subordinate’s attempts to involve himself in issues which Fugh felt should be out of Haynes’s jurisdiction. Haynes eventually goes to Addington for help in his bureaucratic conflicts with Fugh, and Addington takes the issue to Cheney. Cheney responds by asking Congress to place general counsels such as Haynes in direct supervisory positions over the JAG corps. Congress rejects Cheney’s request, but Addington circulates a memo declaring that the general counsels are heretofore to be considered the branch’s “single chief legal officer.” Cheney later rescinds the order under pressure from Congress. After the entire debacle, Haynes will accuse Fugh of disloyalty. Fugh will later recall: “I said, ‘Listen, Jim, my loyalty is owed to the Constitution of the United States and never to an individual and sure as hell never to a political party. You remember that.’ You see, to them, loyalty is to whoever is your political boss. That’s wrong.” [Savage, 2007, pp. 283-286]
A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).
Former CIA agent Alan Fiers. [Source: Terry Ashe / Time Life Pictures / Getty Images]The former head of the CIA’s Central America task force, Alan Fiers, pleads guilty to two counts of lying to Congress. Fiers has admitted to lying about when high-ranking agency officials first learned of the illegal diversion of US funds to the Nicaraguan Contras (see December 6, 1985 and April 4, 1986). Fiers now says that when he learned of the diversions in the summer of 1986, he informed his superior, then-Deputy Director for Operations Clair George, who ordered him to lie about his knowledge (see Summer 1986). In return for his guilty pleas to two misdemeanor counts instead of far harsher felony charges, Fiers is cooperating with the Iran-Contra investigation headed by Lawrence Walsh (see December 19, 1986). Time reports: “The Iran-Contra affair has been characterized by US officials as a rogue operation managed by overzealous members of the National Security Council. But if Fiers is correct, top-ranking CIA officials not only knew about the operation and did nothing to stop it; they also participated in an illegal cover-up.… Suddenly a number of unanswered questions assume a new urgency. Just what did Ronald Reagan—and George Bush—know? And when did they know it?” [Time, 7/22/1991]
The New York Times reports that Iran-Contra special prosecutor Lawrence Walsh (see December 19, 1986) is in possession of tapes and transcripts documenting hundreds of hours of telephone conversations between CIA headquarters in Langley, Virginia, and CIA agents in Central America. The time period of the taped conversations corresponds to the period in which NSC officer Oliver North, retired Air Force General Richard Secord, and arms dealer Albert Hakim were running their secret arms pipeline informally known as either “Airlift Project” or “The Enterprise” (see November 19, 1985 and February 2, 1987). Former Deputy Director for Operations Clair George (see Summer 1986) installed the taping system in the early- to mid-1980s. The contents of the conversations are not known, though it is known that Walsh is using the tapes to force accurate testimony from North and others either standing trial or serving as witnesses in Iran-Contra prosecutions (see March 16, 1988). [Time, 7/22/1991]
According to investigators working with Iran-Contra special prosecutor Lawrence Walsh (see December 19, 1986), the Iran-Contra affair is closely linked to the burgeoning scandal surrounding the Bank of Credit and Commerce International (BCCI—see Shortly After September 1, 1976, 1978-1982, 1981-1991, 1981-1983, 1984-1986, January 1985, December 12, 1985, February 1988-December 1992, March 1991-December 1992, and July 5, 1991.) Former government officials add that the CIA kept secret funds hidden in BCCI accounts, and used the monies to fund covert operations in Nicaragua and elsewhere. Investigators confirm that a US defense intelligence organization used BCCI to maintain a secret “slush fund” for financing covert operations. And, months before National Security Council (NSC) official Oliver North set up his network for diverting funds to the Contras (see December 6, 1985 and April 4, 1986), the NSC used BCCI to divert funds to the Contras (see Early 1986). [Time, 7/22/1991]
The House Subcommittee on Economic and Commercial Law votes 10 to six to authorize the issuance of a subpoena to the Department of Justice for documents related to the Inslaw affair. The subpoena follows on from a refusal by Attorney General Richard Thornburgh to appear before the House Judiciary Committee (see July 17, 1991). [US Congress, 9/10/1992] Some of the documents will be forthcoming, but others will be reported missing (see July 31, 1991).
Responding to a Congressional subpoena (see July 25, 1991), the Justice Department sends most documents requested about the alleged theft of a version of the enhanced PROMIS software to the House Subcommittee on Economic and Commercial Law. However, the department says that 51 documents or files are missing and cannot be found. A report issued by the House Judiciary Committee in September 1992 will say that the subcommittee has still not received an adequate explanation on how the documents came to be missing. [US Congress, 9/10/1992]
Lois Battistoni, a former employee of the Justice Department’s criminal division, says that the PROMIS application may have been transferred from the department to a private business. She makes the claim in a sworn statement for the House Judiciary Committee in October 1991, and again in an interview in February of the next year. According to Battistoni, a criminal division employee had previously told her that there was a company chosen to take over PROMIS implementation contracts served by Inslaw at that time. This company was apparently connected to a top department official through a California relationship. Inslaw owner William Hamilton will speculate that this company is Hadron, Inc., as it was owned by businessman Earl Brian, who was linked to former Attorney General Edwin Meese. However, Battistoni says that she has little firsthand knowledge of the facts surrounding these allegations, and does not provide the committee with the name of the criminal division employee who made the claim to her, indicating department employees are afraid to cooperate with Congress for fear of reprisal. She also makes a number of allegations about the involvement of department employees in the destruction of documents related to the affair. [US Congress, 9/10/1992]
Former Assistant Secretary of State Elliott Abrams, facing multiple counts of lying under oath to Congress about, among other things, his knowledge of the US government’s involvement in the resupply operation to the Nicaraguan Contras (see October 10-15, 1986), his knowledge of the role played by former CIA agent Felix Rodriguez in the resupply (see December 17, 1986), and his knowledge of third-party funding of the Nicaraguan Contras (see November 25, 1986), agrees to plead guilty to two misdemeanor charges of withholding evidence from Congress. Abrams agrees to the plea after being confronted with reams of evidence about his duplicity by investigators for special prosecutor Lawrence Walsh as well as from testimony elicited during the House-Senate investigation of 1987 (see July 7-10, 1987) and the guilty plea and subsequent testimony of former CIA agent Alan Fiers (see July 17, 1991). Abrams pleads guilty to two counts of withholding information from Congress, to unlawfully withholding information from the Senate Foreign Relations Committee and the House Intelligence Committee, and admits lying when he claimed that he knew nothing of former National Security Council official Oliver North’s illegal diversion of government funds to the Contras (see December 6, 1985, April 4, 1986, and November 25-28, 1986). Abrams says that he lied because he believed “that disclosure of Lt. Col. [Oliver] North’s activities in the resupply of the Contras would jeopardize final enactment” of a $100 million appropriation pending in Congress at the time of his testimony, a request that was narrowly defeated (see March 1986). Abrams also admits to soliciting $10 million in aid for the Contras from the Sultan of Brunei (see June 11, 1986). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]
John Schoolmeester, a former Customs Services program officer, says that Peter Videnieks, a Justice Department official who worked on the implementation of PROMIS software, is linked to a company called Hadron, Inc., owned by Earl Brian, a businessman involved in the PROMIS affair. Schoolmeester makes the claim in two sworn statements provided to the House Judiciary Committee on October 10 and November 6, 1991. Schoolmeester says he has direct knowledge of ties between Videnieks and Hadron, Inc., prior to Videnieks’ employment with the Justice Department. According to Schoolmeester, Videnieks, as a contracting officer for the Customs Service, was involved with several Hadron, Inc. contracts, and he would necessarily have met with Dominic Laiti (a former Hadron chief executive officer) on a regular basis, because that was the way Laiti conducted business. However, Videnieks tells the committee under oath that he does not know and has not had any conversations with Laiti or Brian. Schoolmeester also says that Brian is “the behind-the-scenes guy at Hadron,” but he is not certain whether Videnieks met with him. Finally, he says that Brian is well connected in Washington and had connections with former Attorney General Edwin Meese and several Congressional figures. [US Congress, 9/10/1992]
Canada’s ambassador to the US, Derek Burney, writes to the House Judiciary Committee saying that neither the Canadian Royal Mounted Police nor the Canadian Security Intelligence Service (CSIS) have the PROMIS software developed by Inslaw or derivatives thereof. The statement is in response to an October letter from the committee, which is investigating the alleged theft from Inslaw of a version of the software and its subsequent passage to Canada. According to Burney, both the Mounties and the CSIS told him that not only do they not use Inslaw’s PROMIS or any software believed to be a derivative of it, but that they do not use any case management software at all. The committee will comment: “The ambassador’s conclusory statement did not provide an offer or an opportunity for further verification of the allegations received concerning the government of Canada. Without direct access to [the Mounties], CSIS, and other Canadian officials, the committee has been effectively thwarted in its attempt to support or reject the contention that Inslaw software was transferred to the Canadian government.” [US Congress, 9/10/1992]
Former Drug Enforcement Agency (DEA) agent Lester Coleman submits a sworn affidavit to a court hearing the dispute between Inslaw and the Justice Department about the alleged theft of PROMIS software.
PROMIS Allegedly Provided to Middle Eastern Countries - Coleman says that in spring 1988 he worked with a DEA proprietary company in Nicosia, Cyprus. He found that the DEA was using the company to sell computer software called “PROMISE” or “PROMIS” to drug abuse control agencies in Cyprus, Pakistan, Syria, Kuwait, and Turkey. Coleman claims to have seen reels of computer tapes and computer hardware being unpacked at the Nicosia Police Force Narcotics Squad. The boxes allegedly bore the name and red logo of a Canadian corporation with the words “PROMISE” or “PROMIS” and “Ltd.” According to Coleman, the DEA’s objective in aiding the implementation of this system in these countries was to enhance the United States’ ability to access sensitive drug control law enforcement and intelligence files. Coleman adds that a DEA agent was responsible for both the propriety company, Eurame Trading Company, Ltd., and its initiative to sell “PROMIS(E)” computer systems to Middle Eastern countries.
Apparent Link to Case against Michael Riconosciuto - Coleman also says he believed the agent’s reassignment in 1990 to a DEA intelligence position in Washington State prior to the arrest of Michael Riconosciuto in March 1991 on drug charges was more than coincidental. Riconosciuto has also made a number of claims about PROMIS. According to Coleman, the agent was assigned to Riconosciuto’s home state to manufacture a case against him. Coleman says this was done to prevent Riconosciuto from becoming a credible witness concerning the US government’s covert sale of PROMIS to foreign governments.
Meeting with Danny Casolaro - Coleman also says he was contacted by the reporter Danny Casolaro on August 3, 1991. Casolaro apparently told him he had leads and hard information about (1) Justice Department groups operating overseas, (2) the sale of the “PROMIS(E)” software by the US government to foreign governments, (3) the Bank of Credit and Commerce International (BCCI), and (4) the Iran-Contra scandal.
Mentioned by House Committee in Report - These charges will be mentioned in the House Judiciary Committee’s final report on the Inslaw affair, but the committee will not endorse them. [US Congress, 9/10/1992]
Later Conviction for Perjury - Coleman will later admit fabricating a claim that a secret drug sting enabled terrorists to evade airport security in the bombing of Pan Am Flight 103, which was blown up over Lockerbie, Scotland, in 1988. Pleading guilty to five counts of perjury, he will say he lied for a variety of reasons: to obtain money, to evade pending federal charges that he filed a false passport application, to enhance his status as a consultant on international security and terrorism, and to get back at the United States Drug Enforcement Administration for firing him. [New York Times, 9/12/1997]
Marian Rippy. [Source: Cornell University]Salon will later call USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland, a “disaster area” in the early 1990s. Government documents “paint a chaotic picture of a poorly managed lab.” One problem is that after the Persian Gulf War ended in early 1991, USAMRIID phases out some projects that are no longer deemed important, but certain scientists refuse to quit doing their research. As a result, some scientists would sneak in after hours and/or on weekends to secretly continue their work.
Racial Harassment - In addition, there is considerable racial harassment between some scientists. A group of about six scientists form a group called the Camel Club and focus their anger on three Arab-American scientists, especially one named Ayaad Assaad. In December 2001, one member of the Camel Club, Philip Zack, is forced to leave USAMRIID after complaints about his behavior. Zack had been researching the simian immunodeficiency virus (SIV), and he continues to sneak back into USAMRIID to secretly continue his research. Other scientists let him in, while documents go missing and specimens are deliberately mislabeled in an attempt to hide unsanctioned work.
Anthrax, Ebola Go Missing - Worst of all, it appears some dangerous chemicals are taken out of USAMRIID, including anthrax. Lt. Col. Michael Langford takes over as head of USAMRIID’s experimental pathology division in February 1992, and an investigation into the problems there quickly begins. Langford notices that some scientists are using old specimens of anthrax to cover up unauthorized experiments with newer anthrax specimens. Some of the work being done after hours involves anthrax. Langford has particular troubles with Marian Rippy, another member of the Camel Club who is married but having an affair with Zack. In January 1992, a surveillance camera records Zack being let after hours by Rippy. She leaves shortly after Langford takes over. Around this time, the lab loses track of a total of 27 specimens, including anthrax and Ebola. Some scientists believe that some of the specimens could have still been viable after disappearing. The Ames strain of anthrax later used in the 2001 anthrax attacks (see October 5-November 21, 2001) is heavily used at USAMRIID, but it is unknown if any of the anthrax that is lost is of the Ames strain. After the 1992 investigation, some problems will continue. Two scientists who leave USAMRIID in 1997 will say that controls were still so lax when they left that it would not have been difficult for an employee to smuggle out biological specimens. [Hartford Courant, 1/20/2002; Salon, 1/26/2002]
Connection to Patsy Mooted - Shortly before the 2001 anthrax attacks become publicly known, the FBI will receive an anonymous letter saying that Assaad could launch a biological attack on the US (see September 26, 2001 and October 3, 2001). This will motivate some to speculate Assaad was set up as a patsy, possibly by his old enemies linked to the Camel Club. Speculation will particularly focus on Zack due to his unauthorized lab work after he stopped working there. Some will suspect a religious angle, guessing from his name that Zack was Jewish and hated Assaad, a Muslim. However, Zack’s wedding announcement says he was Catholic, and Assaad is Coptic Christian (see October 3, 2001). [Associated Press, 8/13/2008]
In 1992, a House of Representatives task force chaired by Lee Hamilton (D-NH) conducts a ten-month investigation into the “October Surprise”—an alleged Republican plot to delay the release of US hostages held in Iran in 1980 until after that year’s US presidential election. The investigation concludes in 1993 that there is “no credible evidence” of any such plot. But Robert Parry, a journalist writing for the Associated Press and Newsweek, gains access to the stored records of Hamilton’s task force. He finds clear evidence of a major cover up. For instance, William Casey, CIA Director in the early 1980s, was alleged to have been involved in the plot, and Hamilton’s investigators discovered a CIA created index of Casey’s papers made after Casey’s death in 1987. When investigators searched Casey’s possessions, they found all the papers mentioned in the index, except for all the ones relevant to the alleged October Surprise plot. But the disappearance of such evidence was not mentioned in Hamilton’s findings. [Scott, 2007, pp. 101] In addition, an official Russian intelligence report placing Casey in Europe in order to arrange a politically favorable outcome to the hostage crisis arrived in Washington shortly before Hamilton’s task force issued their conclusions, but this Russian information was not mentioned by the task force. [Scott, 2007, pp. 106-107] Hamilton will later be appointed co-chair of the 9/11 Commission (see December 11, 2002).
The Government Accountability Office (GAO) releases a study of the Office of Professional Responsibility (OPR) called “Employee Misconduct: Justice Should Clearly Document Investigative Actions.” The report is drafted at the request of the House Government Information, Justice, and Agriculture Subcommittee. The GAO finds that:
OPR operates informally, does not routinely document key aspects of its investigations, and provides little background information in its case documentation;
OPR generally does not record the complete scope of and rationale behind its investigations, or of the decisions reached in the course of its investigations;
OPR’s conclusions that allegations are or are not substantiated are generally not explained;
In many instances, OPR does not pursue all available avenues of inquiry;
OPR counsel rely on an attorney’s judgment and informal consulting among attorneys within OPR as the basis for making decisions and reaching conclusions about specific investigations.
The GAO concludes that these failings expose the OPR and the department to a range of risks, such as if OPR’s informality led it to conclude an investigation prematurely, the department’s integrity could be compromised. In addition, if asked to defend an investigation against a charge that it was not aggressively pursued, OPR probably would not have sufficient documentation to do so. A review of the quality of an investigation based on the documentation would yield little information. Therefore, the GAO recommends that OPR:
Establish basic standards for conducting its investigations;
Establish case documentation standards;
Follow up more consistently on the results of misconduct investigations done by other units and what disciplinary actions, if any, are taken as a result of all misconduct investigations. [US Congress, 9/10/1992]
Deputy Defense Secretary Donald J. Atwood issues an administrative order placing all military attorneys under the control of White House civilian officials. The controversy started during the Gulf War, when the civilian general counsel of the Army, William J. Haynes, clashed with the Army’s top military lawyer over whose office should control legal issues arising from the war (see June 1991-March 1992). Haynes is a protege of David Addington, the personal aide to Defense Secretary Dick Cheney, believes in concentrating power in the executive branch, and pressed for the change. Cheney attempted to have Congress implement the change, but the legislative branch refused; instead, Cheney has Atwood issue the order putting all military attorneys under White House control. [Savage, 2007, pp. 62]
David Addington, a personal aide to Defense Secretary Dick Cheney, is forced to take part in Senate confirmation hearings for his appointment as chief counsel for the Defense Department. Addington, a Cheney protege and a fierce advocate for the ever-widening power of the executive branch, has gained a reputation for effective, if arrogant, conflicts with the Pentagon’s uniformed leadership and for tightly controlling what information enters and leaves Cheney’s office. Colonel Lawrence Wilkerson, an aide to Joint Chiefs chairman General Colin Powell, will later characterize Addington as an intense bureaucratic infighter bent on concentrating power in Cheney’s office. “Addington was a nut,” Wilkerson will recall. “That was how everybody summed it up. A brilliant nut perhaps, but a nut nevertheless.” The Senate hearing becomes a platform for Democratic senators to attack Cheney’s anti-Congressional policies (see Early 1991 and March 1992). In his turn, Addington calmly denies that he or Cheney have ever exhibited any intention to defy Congress on any issue. “How many ways are there around evading the will of Congress?” storms Senator Carl Levin (D-MI). “How many different legal theories do you have?” Addington answers, “I do not have any, Senator.” Addington is only confirmed after promising that the Pentagon will restore the independence of military lawyers (see March 1992) and begin funding the V-22 Osprey (see Early 1991). [Savage, 2007, pp. 63]
Former President Ronald Reagan in January 1992. [Source: SGranitz / WireImage]Former President Ronald Reagan is questioned for a single day in court after his former secretary of defense, Caspar Weinberger, is subpoenaed in the ongoing Iran-Contra trials. Reagan’s Alzheimer’s disease is by now painfully apparent; not only can he not remember facts and figures, he has trouble remembering his former Secretary of State, George Shultz. [PBS, 2000]
US Attorney General William Barr rejects the House Judiciary Committee’s request for him to appoint an independent counsel (see July 9, 1992), reasoning that the committee’s accusations are too “vague.” He informs them that the Justice Department will instead continue with its own “investigation” of Iraqgate. [Covert Action Quarterly, 1992]
A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]
The outgoing President Bush pardons six former Reagan officials for any crimes they may have committed as part of their involvement in the Iran-Contra affair. One of the six, former Defense Secretary Caspar Weinberger, was slated to go on trial in January 1993 on charges that he lied to Congress about his knowledge of arms sales to Iran and funding from other countries for the Nicaraguan Contras (see July 24, 1992). Weinberger’s case was expected to reveal details of then-Vice President Bush’s involvement in the affair. Bush has refused to turn over a 1986 campaign diary he kept that may contain evidence of his involvement. Special prosecutor Lawrence Walsh says of the pardons, “[T]he Iran-Contra cover-up, which has continued for more than six years, has now been completed.” The pardons “undermine… the principle that no man is above the law. It demonstrates that powerful people with powerful allies can commit serious crimes in high office—deliberately abusing the public trust without consequence.” Walsh says that he believes Bush may have pardoned Weinberger to conceal his own complicity and possibly criminal actions in Iran-Contra. Bush also pardons former National Security Adviser Robert McFarlane and former Assistant Secretary of State Elliott Abrams, both of whom have already pled guilty to misdemeanor charges of withholding information from Congress. Bush also pardons Clair George, the former head of the CIA’s clandestine services, convicted earlier in December of two felony charges of perjury and misleading Congress. Finally, he pardons two other CIA officials, Duane Clarridge, who is awaiting trial, and Alan Fiers, who pled guilty to withholding information from Congress, and who testified against George. For his part, Bush says he is merely trying to “put bitterness behind us” in pardoning the six, many of whom he said have already paid a heavy price for their involvement. Senator George Mitchell (D-ME) is sharply critical of the pardons, saying, “If members of the executive branch lie to the Congress, obstruct justice and otherwise break the law, how can policy differences be fairly and legally resolved in a democracy?” [New York Times, 12/25/1992]
FBI agents fly to Cairo to take charge of Egyptian Mohammed (or Mahmud) Abouhalima, who will later be convicted for his role in the 1993 World Trade Center bombings (see Summer 1993). Abouhalima has been tortured by Egyptian intelligence agents for 10 days (see March 1993), and has the wounds to prove it. In 2008, a Vanity Fair report will state, “As US investigators should have swiftly realized, [Abouhalima’s] statements in Egypt were worthless, among them claims that the bombing was sponsored by Iranian businessmen, although, apparently, their sworn enemy, Iraq, had also played a part.” [Vanity Fair, 12/16/2008]
A National Security Agency (NSA) linguist runs afoul of his superiors after he and other linguists submit a report concluding that Islamist terrorists are planning attacks on America. The analyst, who insists on remaining anonymous and is nicknamed “J” by press reports, is fluent in an unusual number of languages. His and his colleagues’ study of Arabic language messages, and the flow of money to terrorist organizations from Saudi Arabia, lead them to believe that Saudi extremists are plotting an attack. J will recall in January 2006: “You could see, this was the pure rhetoric of Osama bin Laden and his group, the exact same group, and we had an early indication.… All of us in the group had this view of a burgeoning threat, and suddenly we were all trotted off to the office of security. Then came the call to report for a battery of psychological tests.” J will issue further warnings of potential terrorist strikes, this time involving hijackers, passenger planes, and US buildings, in May 2001 (see May 2001). In 2006, other current and former NSA officials will claim that the NSA routinely uses unfavorable psychological evaluations to retaliate against whistleblowers and those employees who come into conflict with superiors (see January 25-26, 2006). [Cybercast News Service, 1/25/2006]
Walter Dellinger, the head of the Justice Department’s Office of Legal Counsel, writes of the necessity for presidential signing statements: “If the president may properly decline to enforce a law, at least when it unconstitutionally encroaches on his powers, then it arguably follows that he may properly announce to Congress and to the public that he will not enforce a provision of an enactment he is signing. If so, then a signing statement that challenges what the president determines to be an unconstitutional encroachment on his power, or that announces the president’s unwillingness to enforce… such a provision, can be a valid and reasonable exercise of presidential authority.” President Clinton will issue signing statements challenging or commenting on 140 legislative provisions during his eight years in office (see February 1996). [Savage, 2007, pp. 235]
Argentine President Carlos Menem issues a decree placing his political ally Secretary of the Environment Maria Julia Alsogaray in charge of ETOSS, the government regulatory body that provides oversight of Aguas Argentinas. Critics say the move is aimed at protecting Aguas Argentinas from public accountability. [Public Citizen, 6/14/2007]
The Boston Herald reports that an internal CIA report has concluded that the agency is “partially culpable” for the 1993 World Trade Center bombing (see February 26, 1993) because it helped train and support some of the bombers. One source with knowledge of the report says, “It was determined that a significant amount of blowback appeared to have occurred.” A US intelligence source claims the CIA gave at least $1 billion to forces in Afghanistan connected to Gulbuddin Hekmatyar. More than a half-dozen of the WTC bombers belonged to this faction, and some of the CIA money paid for their training. The source says, “By giving these people the funding that we did, a situation was created in which it could be safely argued that we bombed the World Trade Center.” Those connected to the bombing who went to Afghanistan include Sheikh Omar Abdul-Rahman, Clement Rodney Hampton-el, Siddig Siddig Ali, Ahmed Ajaj, and Mahmud Abouhalima. [Boston Herald, 1/24/1994] Additionally, Ramzi Yousef trained in Afghanistan near the end of the Afghan war, and there are claims he was recruited by the CIA (see Late 1980s). “Intelligence sources say the CIA used the Al-Kifah Refugee Center in Brooklyn—founded to support the Afghani rebels fighting Soviet occupation—to funnel aid to Hekmatyar, setting the stage for terrorists here to acquire the money, guns and training needed to later attack the Trade Center. CIA support also made it easier for alleged terrorist leaders to enter the country.” [Boston Herald, 1/24/1994] It will later be alleged that the CIA repeatedly blocked investigations relating to Al-Kifah, which was al-Qaeda’s operational base in the US (see Late 1980s and After).
The Media Access Project (MAP), a telecommunications law firm, defends the now-expired Fairness Doctrine in a Washington Post editorial. The editorial reads in part: “The Supreme Court unanimously found [the Fairness Doctrine] advances First Amendment values (see June 9, 1969). It safeguards the public’s right to be informed on issues affecting our democracy, while also balancing broadcasters’ rights to the broadest possible editorial discretion.” [Fairness and Accuracy in Reporting, 2/12/2005]
The Justice Department issues a 187-page report clearing department officials of wrongdoing in the Inslaw affair, which concerned the alleged misappropriation of an enhanced version of PROMIS software. According to a department press release, “there is no credible evidence that department officials conspired to steal computer software developed by Inslaw, Inc. or that the company is entitled to additional government payments.” This concurs with a previous report by Nicolas Bua, a special counsel appointed by the department. The main points of the report are:
The use of PROMIS by the Executive Office of United States Attorneys and in US attorneys’ offices conforms with contractual agreements, and Inslaw is not entitled to additional compensation for the use of its PROMIS software;
No independent counsel should be appointed and the matter should be closed;
The investigative journalist Danny Casolaro, who died while investigating the Inslaw affair and other issues, committed suicide;
MIT professor Dr. Randall Davis was hired to compare the computer code in Inslaw’s PROMIS software with the code in the FBI’s FOIMS software, which Inslaw claimed was a pirated version of PROMIS. Davis concluded that there was no relation between FOIMS and PROMIS;
Two of the people who made allegations about the distribution of PROMIS outside the Justice Department, Michael Riconosciuto and Ari Ben-Menashe, are untrustworthy. The departmental press release calls them “primary sources relied on by Inslaw”;
None of the anonymous sources that had previously been reported to have made statements supportive of Inslaw came forward, despite assurances from Attorney General Janet Reno that they would be protected from reprisals. The press release says, “Individuals who were identified as sources denied making the statements attributed to them by Inslaw”;
The department did not obstruct the reappointment of bankruptcy Judge George Bason, who ruled in favour of Inslaw (see September 28, 1987, November 24, 1987, December 8, 1987, December 15, 1987, and January 12, 1988);
No documents related to the matter have been destroyed by the Justice Department command center;
There is no credible evidence that Inslaw’s PROMIS is being used elsewhere in the government (see 1982-1984, December 11, 1990, and May 2008), or has been improperly distributed to a foreign government or entity (see May 6, 1983, May 12, 1983, November 1990, and January 1991);
PROMIS was not stolen to raise money to reward people working for the release of American hostages in Iran, to penetrate foreign intelligence agencies, as part of a US-Israeli slush fund connected with the late British publisher Robert Maxwell, or in aid of a secret US intelligence agency concealed within the Office of Special Investigations Nazi-hunting unit. [US Department of Justice, 9/27/1994]
The Communications Assistance for Law Enforcement Act (CALEA) takes effect. CALEA obliges telecommunications providers such as AT&T to give law enforcement agencies and US intelligence organizations the ability to wiretap any domestic or international telephone conversations carried over their networks. In more recent years, the law will be expanded to give law enforcement and intelligence agencies similar abilities to monitor Internet usage by US citizens. [Federal Communications Commission, 2/21/2007]
President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” [US President, 2/9/1995] As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. [50 U.S.C. 1802(a); Think Progress, 12/20/2005] Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. [US President, 2/9/1995; Think Progress, 12/20/2005]
David Satcher, director of the Centers for Disease Control and Prevention, provides Senator Donald Riegel (D-MI) with a complete list of all biological materials that the Center supplied Iraq between October 1, 1984 and October 13, 1993. At the time of these deliveries, Iraq claimed that the samples were being used for legitimate medical research. [Center for Disease Control, 6/21/1995; Business Week, 9/20/2002; Associated Press, 12/21/2002]
Hussein Kamel. [Source: Associated Press]Hussein Kamel, Iraq’s former minister of military industry—who was Saddam Hussein’s son-in-law and who had overseen Iraq’s nuclear, chemical, biological and missile weapons programs for almost a decade—is interviewed shortly after defecting by UNMOVIC Executive Chairman Rolf Ekeus, Professor Maurizio Zifferero, deputy director of the Internal Atomic Energy Agency,and Nikita Smidovick of UNSCOM. During the interview, Kamel says that Iraq had destroyed all of its banned weapons after the First Gulf War. “I ordered destruction of all chemical weapons. All weapons—biological, chemical, missile, nuclear were destroyed,” he tells his interviewers. With regard to Anthrax, which Kamel says had been the “main focus” of Iraq’s biological program, Kamel says, “nothing remained.” Regarding the nerve gas, VX, Kamel says, “they put it in bombs during last days of the Iran-Iraq war. They were not used and the program was terminated.” When asked if the program had been reconstituted, Kamel replies, “We changed the factory into pesticide production. Part of the establishment started to produce medicine… We gave instructions not to produce chemical weapons.” On the issue of prohibited missiles, Kamel states: “[N]ot a single missile left but they had blueprints and molds for production. All missiles were destroyed.” Kamel also says that inspections worked in Iraq. “You have important role in Iraq with this. You should not underestimate yourself. You are very effective in Iraq,” he reveals. [Kamal, 8/22/1995 ] But this information is not made public. Newsweek reports in March 2003 that according to its sources, “Kamel’s revelations about the destruction of Iraq’s WMD stocks were hushed up by the UN inspectors… for two reasons. Saddam did not know how much Kamel had revealed, and the inspectors hoped to bluff Saddam into disclosing still more.” [Scotsman, 2/24/2003; Newsweek, 3/3/2003] Kamel also says that Khidir Hamza, an Iraqi nuclear scientist who defected in 1994 and who will be a source for claims regarding Iraq’s alleged nuclear weapons program in the lead-up to the 2003 invasion of Iraq, is “a professional liar.” He tells his interviewers, “He worked with us, but he was useless and always looking for promotions.… He consulted with me but could not deliver anything.… He was even interrogated by a team before he left and was allowed to go.” [New York Review of Books, 2/26/2004] At around the same time, Kamel is also interviewed by the CIA and Britain’s MI6. According to sources interviewed by Newsweek, Kamel provides them with the same information. [Scotsman, 2/24/2003; Newsweek, 3/3/2003 Sources: Unnamed sources] But after this is revealed on February 24, 2003 by Newsweek’s John Barry, the CIA issues a strong denial. “It is incorrect, bogus, wrong, untrue,” CIA spokesman Bill Harlow will say. [Reuters, 2/24/2003]
InfraGard logo. [Source: Progressive.org]Twenty-three thousand executives and employees of various private firms work with the FBI and the Department of Homeland Security. The group, called InfraGard, receives secret warnings of terrorist threats well in advance of public notification, and sometimes before elected officials. In return, InfraGard provides information to the government. InfraGard is a quiet quasi-governmental entity which wields an unknown, but extensive, amount of power and influence. Michael Hershman, the chairman of the advisory board of the InfraGard National Members Alliance (INMA) and the CEO of an international consulting firm, calls InfraGard “a child of the FBI.” The organization started in Cleveland in 1996, when business members cooperated with the FBI to investigate cyber-threats. The FBI then “cloned it,” according to Phyllis Schneck, chairman of the board of directors of the INMA. Schneck is one of the biggest proponents of InfraGard. As of February 2008, 86 chapters of InfraGard exist in each of the 50 states, operating under the supervision of local FBI agents. “We are the owners, operators, and experts of our critical infrastructure, from the CEO of a large company in agriculture or high finance to the guy who turns the valve at the water utility,” says Schneck. According to the InfraGard website, “At its most basic level, InfraGard is a partnership between the Federal Bureau of Investigation and the private sector. InfraGard chapters are geographically linked with FBI Field Office territories.” After the 9/11 attacks, InfraGard experiences explosive growth—from 1,700 members in November 2001 to 23,682 members in January 2008. 350 members of the Fortune 500 have members in InfraGard. Prospective members are sponsored by existing members, then vetted by the FBI. The organization accepts members from agriculture, banking and finance, and chemical industry, defense, energy, food, information and telecommunications, law enforcement, public health, and transportation industries.
Controlled Exposure - InfraGard’s inner workings are not available to the general public; its communications with the FBI and DHS are not accessible through the Freedom of Information Act under the “trade secrets” exemption. And InfraGard carefully controls its exposure and contact with the media. According to the InfraGard website: “The interests of InfraGard must be protected whenever presented to non-InfraGard members. During interviews with members of the press, controlling the image of InfraGard being presented can be difficult. Proper preparation for the interview will minimize the risk of embarrassment.… The InfraGard leadership and the local FBI representative should review the submitted questions, agree on the predilection of the answers, and identify the appropriate interviewee.… Tailor answers to the expected audience.… Questions concerning sensitive information should be avoided.”
Advance Warning from the FBI - InfraGard members receive quick alerts on any potential terrorist threat or a possible disruption of US infrastructure. Its website boasts that its members can “[g]ain access to an FBI secure communication network complete with VPN encrypted website, webmail, listservs, message boards, and much more.” Hershman says members receive “almost daily updates” on threats “emanating from both domestic sources and overseas.” Schneck adds, “We get very easy access to secure information that only goes to InfraGard members. People are happy to be in the know.” Shortly after the 9/11 attacks, an InfraGard member passed along an FBI warning about a potential threat to California’s bridges to then-Governor Gray Davis, who had not yet heard anything from the FBI (see November 1, 2001). In return, InfraGard members cooperate with FBI and DHS operations. Schneck says: “InfraGard members have contributed to about 100 FBI cases. What InfraGard brings you is reach into the regional and local communities. We are a 22,000-member vetted body of subject-matter experts that reaches across seventeen matrixes. All the different stovepipes can connect with InfraGard.” The relationships between the FBI and InfraGard members are key, she says. “If you had to call 1-800-FBI, you probably wouldn’t bother,” she says. “But if you knew Joe from a local meeting you had with him over a donut, you might call them. Either to give or to get. We want everyone to have a little black book.” InfraGard members have phone numbers for DHS, the FBI, and to report cyber-threats. InfraGard members who call in “will be listened to,” she says; “your call [will] go through when others will not.” The American Civil Liberties Union, who has warned about the potential dangers of Infragard to constitutional liberties (see August 2004), retorts, “The FBI should not be creating a privileged class of Americans who get special treatment. There’s no ‘business class’ in law enforcement. If there’s information the FBI can share with 22,000 corporate bigwigs, why don’t they just share it with the public? That’s who their real ‘special relationship’ is supposed to be with. Secrecy is not a party favor to be given out to friends.… This bears a disturbing resemblance to the FBI’s handing out ‘goodies’ to corporations in return for folding them into its domestic surveillance machinery.”
Preparing for Emergencies, Martial Law - InfraGard members are “very much looped into our readiness capability,” says a DHS spokeswoman. Not only does DHS “provide speakers” and do “joint presentations” with the FBI, but “[w]e also train alongside them, and they have participated in readiness exercises.” InfraGard members are involved with the Bush administration’s “National Continuity Policy,” which mandates that DHS coordinate with “private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.” InfraGard members participate in “national emergency preparation drills,” Schneck says, sometimes by the hundreds. InfraGard members are drilling in preparation for martial law, members say. One business owner recently attended a meeting conducted by FBI and DHS officials. He recalls, “The meeting started off innocuously enough, with the speakers talking about corporate espionage. From there, it just progressed. All of a sudden we were knee deep in what was expected of us when martial law is declared. We were expected to share all our resources, but in return we’d be given specific benefits.” In the event of martial law being declared, Infragard members will have the ability to travel in restricted areas and to evacuate citizens. But they will have other abilities and duties as well. InfraGard members, says the business owner, will be authorized to “shoot to kill” if necessary to maintain order and “protect our portion of the infrastructure. [I]f we had to use deadly force to protect it, we couldn’t be prosecuted.… We were assured that if we were forced to kill someone to protect our infrastructure, there would be no repercussions. It gave me goose bumps. It chilled me to the bone.” Other InfraGard members deny that they have ever been told such; Schneck says InfraGard members will have no civil patrol or law enforcement responsibilities. The FBI calls such assertions “ridiculous.” But the business owner’s story has been corroborated by other InfraGard members. “There have been discussions like that, that I’ve heard of and participated in,” says Christine Moerke, an InfraGard member from Wisconsin. [InfraGard, 2008; Progressive, 2/7/2008]
Congress passes a military budget that includes a section requiring the Pentagon to discharge all HIV-positive soldiers, regardless of their overall health. When President Clinton signs the bill, he issues a signing statement declaring he has “concluded that this discriminatory provision is unconstitutional.” He urges Congress to repeal the statute, and says he will refuse to allow the Justice Department to defend the law in court if an HIV-positive soldier sues the government. However, Clinton’s legal team, including the Justice Department’s head of the Office of Legal Counsel, Walter Dellinger, and White House counsel Jack Quinn, tells reporters that while Clinton believes the provision is unconstitutional, he cannot refuse to enforce it because no court ruling has supported his view. Until a court intervenes, the president is bound by Congress’s decision. “When the president’s obligation to execute laws enacted by Congress is in tension with his responsibility to act in accordance to the Constitution, questions arise that really go to the very heart of the system, and the president can decline to comply with the law, in our view, only where there is a judgment that the Supreme Court has resolved the issue.” [Savage, 2007, pp. 235-236]
John Yoo, the general counsel for the Senate Judiciary Committee and a former clerk for Supreme Court Justice Clarence Thomas, writes a book-length article for the California Law Review. Yoo’s article argues that under the Constitution, the president has far greater powers during wartime than is generally recognized. Basically, Yoo writes, Congress can only do two things to restrain a wartime president: restrict spending and impeach the president. The federal courts have no power over the president whatsoever. [Dubose and Bernstein, 2006, pp. xx]
Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).
Rolf Ekeus. [Source: United Nations]US intelligence services use United Nations arms controls teams to spy on the Iraqi military, without the knowledge of the UN Special Commission (UNSCOM) that oversees the teams. US intelligence infiltrates agents and espionage equipment into the UN inspection teams. Clinton administration officials have previously admitted inserting eavesdropping equipment into Iraq with the inspectors, but said that they did so in cooperation with UNSCOM to penetrate Iraqi concealment of its illegal weapons. However, US intelligence agents rig UNSCOM equipment and office space, without UNSCOM permission or knowledge, to intercept Iraqi military communications. Most of these communications have nothing to do with UNSCOM’s special weapons mandate. US government officials admit that they considered the risk that discovery of their infiltrations would discredit the UNSCOM teams, but they dismissed the risk as being quite low, and the intelligence gathered on the Iraqi military as critically needed.
US Installs Surveillance Equipment During Upgrade - The surveillance begins in March 1996, when UNSCOM upgrades a widespread video surveillance system to transmit signals from the camera to the inspectors’ offices in Baghdad, and terminates no later than December 1998, when the Iraqis ask all UNSCOM inspectors to leave the country. While the new system gives UNSCOM inspectors views of distant facilities in “near real time,” unknown to UNSCOM officials, the US signals and sensor technicians who install and maintain the system have covert transmission systems built into the UNSCOM transmitters that capture the Iraqi communications. The designer of the new system is a military intelligence operative and engineer; two of the technicians who install the system are CIA agents.
UNSCOM Says Surveillance Destroyed Its Ability to Function inside Iraq - UNSCOM officials now claim that the covert surveillance undertaken by the US has helped to destroy the agency’s ability to function inside Iraq, and have given credibility to Iraqi claims—previously dismissed—that the US was using UNSCOM to spy on their military facilities. (UNSCOM is aware of another, simultaneous surveillance operation called “Shake the Tree,” that used commercial scanners to intercept Iraqi radio transmissions; US officials now say that they chose to pursue the surreptitious eavesdropping because they wanted to preserve their “independence of access” to Iraqi military communications, according to a US official. “We did not want to rely on a multinational body that might or might not continue to operate as it was operating.” The US government decides not to inform either Rolf Ekeus, the Swedish diplomat who is UNSCOM’s executive chairman, or his Australian successor, Richard Butler, about the second eavesdropping operation. However, the CIA does inform the American deputy to both men, Charles Duelfer, to ensure that UNSCOM staff members do not interfere with the operation.
'Played for Suckers' - Ekeus will later say that while he has difficulty believing the US could have built covert antennas into the video relay system without the Iraqis’ knowledge, if the US did so, “We have always stood against that.” Though Butler refuses to comment publicly on the issue, a source reports that privately he is angered by the operation. “If all this stuff turns out to be true, then Rolf Ekeus and I have been played for suckers, haven’t we?” he is reported as saying. “I’ve spent a lifetime of helping build and defend the nonproliferation regimes. Piggybacking in this manner [by US intelligence] can only serve the interests of those who reject meaningful efforts at arms control.” In May 1997, British officials in the Government Communications Headquarters (GCHQ) ask their counterparts, the American National Security Agency (NSA), if such an operation exists, and the NSA does not respond. A US official will explain: “We don’t tell the British everything, even if they are our closest intelligence ally. They don’t tell us everything they’re doing either.” [Washington Post, 3/2/1999]
President Clinton signs the Antiterrorism and Effective Death Penalty Act, which the New York Times calls “broad legislation that provides new tools and penalties for federal law-enforcement officials to use in fighting terrorism.” The Clinton administration proposed the bill in the aftermath of the Oklahoma City terrorist bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). In many ways, the original bill will be mirrored by the USA Patriot Act six years later (see October 26, 2001). Civil libertarians on both the left and right opposed the legislation. Political analyst Michael Freeman called the proposal one of the “worst assaults on civil liberties in decades,” and the Houston Chronicle called it a “frightening” and “grievous” assault on domestic freedoms. Many Republicans opposed the bill, and forced a compromise that removed increased wiretap authority and lower standards for lawsuits against sellers of guns used in crimes. CNN called the version that finally passed the Republican-controlled Congress a “watered-down version of the White House’s proposal. The Clinton administration has been critical of the bill, calling it too weak. The original House bill, passed last month, had deleted many of the Senate’s anti-terrorism provisions because of lawmakers’ concerns about increasing federal law enforcement powers. Some of those provisions were restored in the compromise bill.” [CNN, 4/18/1996; New York Times, 4/25/1996; Roberts, 2008, pp. 35] An unusual coalition of gun rights groups such as the National Rifle Association (NRA) and civil liberties groups such as the American Civil Liberties Union (ACLU) led the opposition to the law. [New York Times, 4/17/1996] By the time Congress passed the bill, it had been, in the words of FBI Director Louis Freeh, “stripped… of just about every meaningful provision.” [Roberts, 2008, pp. 35] The law makes it illegal in the US to provide “material support” to any organization banned by the State Department. [Guardian, 9/10/2001]
Former Defense Secretary Dick Cheney, speaking at an awards ceremony for the Gerald R. Ford Foundation, tells listeners that he intends to do whatever he can to “restore” the power of the presidency. If he ever returns to Washington, he says he will roll back what he calls “unwise” limits on the presidency imposed after the Vietnam War and Watergate. “I clearly do believe, and have spoken directly about the importance of a strong president,” he says. “I think there have been times in the past, oftentimes in response to events such as Watergate or the war in Vietnam, where Congress has begun to encroach upon the powers and responsibilities of the president: that it was important to try to go back and restore that balance.” [Savage, 2007, pp. 9]
A lieutenant general meets with Qwest CEO Joe Nacchio and Dean Wandry, who heads Qwest’s government business unit. According to documents filed in 2006 by Nacchio
concerning his trial on insider trading charges (see October 12, 2007), the general “told Mr. Wandry that he ran the largest telecom operation in the world, he had looked at Qwest’s network, and he wanted to use it for government purposes.” The general in question could be NSA Director Kenneth Minihan, who will be replaced in 1999 by another lieutenant general, Michael Hayden, but neither Minihan nor Hayden will comment on the allegation. Many former intelligence officials will say that it is likely Minihan who met with Nacchio and Wandry. Nacchio’s court documents indicate that he and Wandry agree to work with the general. Nacchio is not allowed to announce the contract publicly, but according to the court documents, he “understood at the time this was the beginning of a relationship which had enormous potential for future work. This proves increasingly true as time went on.” By 1999 Qwest is working extensively with the NSA. Minihan is particularly concerned about the potential of “cyberwarfare” by foreign governments, terrorist organizations, drug cartels, and organized crime, a prospect which he felt the NSA is unprepared. He particularly worries about Russia and China; in June 1998, he will testify are training personnel in potential cyber-attacks. “These opportunists, enabled by the explosion of technology and the availability of inexpensive, secure means of communication, pose a significant threat to the interests of the United States and its allies,” Minihan will state. In 2007, a former senior NSA official will say that the agency felt those groups knew US privacy laws all too well and were capable of using those laws against the NSA and other intelligence agencies. He will say, “There was such a nuanced understanding of how to tie us in knots and use American law against us, that there were certainly pockets of people saying, ‘We’ve got to be assertive; we’ve got to be more aggressive on this.’” Hayden, Minihan’s successor, will be particularly willing to push agency operations to the edge of legality. After 9/11, Hayden will say, “We’re pretty aggressive within the law. As a professional, I’m troubled if I’m not using the full authority allowed by law.” [National Journal, 11/2/2007] The NSA will approach Qwest will a similar offer in the months before 9/11 (see February 2001).
CIA agent Valerie Plame leaves Europe after a long and distinguished career as a nonofficial cover (NOC) agent (see Fall 1992 - 1996 and July 21, 2003) in Greece and Brussels. The New York Times will report in 2003 that Plame may have been forced to return to the US after her name was given to the Russians by double agent Aldrich Ames in 1994 [Vanity Fair, 1/2004] , though that possibility remains unconfirmed. Plame takes a position as a case officer with a new bureau in the agency, the counterproliferation division (CPD), a part of the covert Directorate of Operations. She is hand-picked by the division chief of CPD, James Pavitt, for the slot. The CPD is an unconventional entity, the first bureau without a geographical affiliation; Plame will affectionately refer to it as “the island of misfit toys.” CPD and its counterpart, the Counterterrorism Center (CTC), are tasked to deal with emerging unconventional threats from rogue nations, stateless terrorist, and extremist groups. “The older divisions eyed CPD with deep suspicion and distrust,” Plame will later recall. Pavitt’s decision to include former NOCs such as Plame is controversial, and creates something of a turf war between CPD and the Office of External Development, which generally deals with NOCs. Pavitt wins out because of his close relationship with CIA Director George Tenet. [Wilson, 2007, pp. 349-350]
The head of ETOSS, the regulatory agency that oversees the management of Buenos Aires’ privatized water and sewer utility, tells Congress that Aguas Argentinas has only built a third of the new pumping stations and underground mains it promised to complete by 1997. Moreover, it has only spent 9.4 million of the promised 48.9 million in improving the sewage system. Citing the supposed need for “further investigation,” the company has put off construction of the Berazategui wastewater treatment plant. As a result, sewage is being dumped into rivers and cesspools, raising nitrate levels in the water (nitrates reduce the flow of oxygen to the brain in infants) and increasing the risk of various waterborne illnesses. According to the World Bank, by delaying the project, Aguas Argentinas is saving $100,000 dollars a day. [Inter Press Service, 4/13/1993]
The Communications Assistance for Law Enforcement Act (CALEA) forces broadband Internet service providers such as Vonage to retrofit their networks for government surveillance purposes. The prime beneficiary of that retrofitting is the FBI’s cutting-edge electronic surveillance system known as DCSNet (see 1997-August 2007 and After), which can now monitor those networks. DCSNet also seems capable of handling other cutting-edge technologies such as push-to-talk, peer-to-peer telephony systems such as Skype, caller-ID spoofing, and phone-number portability. [Wired News, 8/29/2007]
Starting in 1997, the FBI constructs a sophisticated surveillance system that can perform near-instantaneous wiretaps on almost any telephone, cell phone, and Internet communications device, according to documents declassified in August 2007. The system is called the Digital Collection System Network, or DCSNet. It connects FBI wiretapping rooms to switches controlled by land-line operators, Internet-telephony companies, and cellular providers. The documents show that DCSNet is, in reporter Ryan Singel’s words, “far more intricately woven into the nation’s telecom infrastructure than observers suspected.” Steven Bellovin, a computer science professor and surveillance expert, calls DCSNet a “comprehensive wiretap system that intercepts wire-line phones, cellular phones, SMS [short message service, a protocol allowing mobile devices to exchange text messages], and push-to-talk systems.” The system is an entire suite of software that together collects, sifts, and stores phone numbers, phone calls, and text messages. The system directly connects FBI wiretapping offices around the country to a sprawling private communications network. DCSNet is composed of three main clients:
The DCS-3000, also called “Red Hook,” handles pen-registers and trap-and-traces, a type of surveillance that collects signaling information but not communications content.
The DCS-6000, or “Digital Storm,” captures and collects the content—the spoken or written communications—of phone calls and text messages.
The most classified system of the three, the DCS-5000, is used for wiretaps targeting spies or terrorists.
Between the three, the system can allow FBI agents to monitor recorded phone calls and messages in real time, create master wiretap files, send digital recordings to translators, track the location of targets in real time using cell-tower information, and stream intercepts to mobile surveillance vans. The entire system is operated through a private, secure and self-contained backbone that is run for the government by Sprint. Singel gives the following example: “The network allows an FBI agent in New York, for example, to remotely set up a wiretap on a cell phone based in Sacramento, California, and immediately learn the phone’s location, then begin receiving conversations, text messages and voicemail pass codes in New York. With a few keystrokes, the agent can route the recordings to language specialists for translation.” Dialed numbers are subjected to data mining, including so-called “link analysis.” The precise number of US phones being monitored and recorded in this way is classified.
Genesis of DCSNet - The system was made possible by the 1994 Communications Assistance for Law Enforcement Act (CALEA) (see January 1, 1995), which mandated that telecom providers must build “backdoors” in US telephone switches to be used by government wiretappers. CALEA also ordered telecom firms to install only switching equipment that met detailed wiretapping standards. Before CALEA, the FBI would bring a wiretap warrant to a particular telecom, and that firm would itself create a tap. Now, the FBI logs in directly to the telecom networks and monitors a surveillance target itself through DCSNet. FBI special agent Anthony DiClemente, chief of the Data Acquisition and Intercept Section of the FBI’s Operational Technology Division, says the DCS was originally intended in 1997 to be a temporary solution, but has grown into a full-featured CALEA-collection software suite. “CALEA revolutionizes how law enforcement gets intercept information,” he says. “Before CALEA, it was a rudimentary system that mimicked Ma Bell.” Now, under CALEA, phone systems and Internet service providers have been forced to allow DCSNet to access almost all of its data (see 1997-August 2007 and After).
Security Breaches - The system is vulnerable to hacking and security breaches (see 2003). [Wired News, 8/29/2007]
Page 6 of 22 (2163 events (use filters to narrow search))previous
Receive weekly email updates summarizing what contributors have added to the History Commons database
Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.