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The White House Commission on Aviation Safety and Security, led by Vice President Al Gore, issues its final report, which highlights the risk of terrorist attacks in the US. The report references Operation Bojinka, the failed plot to bomb twelve American airliners out of the sky over the Pacific Ocean, and calls for increased aviation security. The commission reports that [it] “believes that terrorist attacks on civil aviation are directed at the United States, and that there should be an ongoing federal commitment to reducing the threats that they pose.” [Gore Commission, 2/12/1997] However, the report has little practical effect: “Federal bureaucracy and airline lobbying [slow] and [weaken] a set of safety improvements recommended by a presidential commission—including one that a top airline industry official now says might have prevented the September 11 terror attacks.” [Los Angeles Times, 10/6/2001]
Gordon Oehler, the US national intelligence officer for weapons of mass destruction, appears before the Senate Governmental Affairs Committee. At a closed hearing he tells it that the administration has intelligence showing that China is shipping nuclear weapons technology to Pakistan, but the administration is covering this up (see (April 1992), (Mid-1990s), Early 1996, May 1996, and September 1996). Authors Adrian Levy and Catherine Scott-Clark will say that by this time Oehler has “had enough” of the administration ignoring his work documenting the deals between China and Pakistan. “There was no consistent policy emerging,” they will write. “There was no strategy even. There was no considered attempt to rein China in or to tackle Pakistan, which was getting increasingly out of hand. There was just a steady drip, drip of doomsday technology from China to Pakistan and from Pakistan to—no one was exactly sure how many countries.” Therefore, Oehler makes the attempt to get the Senate to do something. Levy and Scott-Clark will say he found “the softest way he could to contradict his superiors short of becoming a whistle-blower.” However, no action is taken against China or Pakistan, and Oehler soon resigns (see October 1997). [Levy and Scott-Clark, 2007, pp. 259-260]
Ayaad Asaad. [Source: Public Domain]Dr. Ayaad Assaad, a scientist who has worked at USAMRIID, the US Army’s top biological laboratory, since 1989, is unexpectedly laid off in March 1997, and serves his last day at USAMRIID on May 9, 1997. Assaad is a naturalized American citizen and was born in Egypt. He helped develop a ricin vaccine while working there, but had been harassed by a group of Caucasian colleagues at USAMRIID known as the “Camel Club” who make fun of his Middle Eastern ethnicity. Assaad soon gets a job at the Environmental Protection Agency. He also soon sues the US Army for discrimination and wrongful dismissal. Shortly before the 2001 anthrax attacks become publicly known, he will be the target of a letter that seems to set him up as the one responsible for the attacks (see October 2, 2001). Future anthrax suspect Steven Hatfill gets a job at USAMRIID this year, but not until after Assaad is gone. [Vanity Fair, 9/15/2003] A couple members of the Camel Club lost their jobs in the early 1990s. However, it will later be reported that while Assaad loses his job at this time due to general industry-wide cutbacks, “many of those he accused [keep] theirs.” [Hartford Courant, 7/18/2003]
Kirk Azevedo, Monsanto’s facilitator for genetically modified cotton sales in California and Arizona, will later say that around this time he discovered that Monsanto is feeding GM cotton plants from test fields to cattle. “I had great issue with this. I had worked for Abbot Laboratories doing research, doing test plots using Bt sprays from bacteria. We would never take a test plot and put [it] into the food supply, even with somewhat benign chemistries. We would always destroy the test plot material and not let anything into the food supply.” When he explains to the Ph.D. in charge of the test plot that feeding experimental plants containing unknown proteins (see 1996) to cows is a potential health risk to humans, the scientist refuses to end the practice. “Well that’s what we’re doing everywhere else and that’s what we’re doing here,” Azevedo recalls the scientist saying. Azevedo then raises his concerns with other employees in Monsanto. “I approached pretty much everyone on my team in Monsanto” but no one seemed interested, and in fact, people started to ignore him. Next, he contacts California agriculture commissioners whose responsibility it is to ensure that the management and design of test plots do not pose any risks to public health. But, “once again, even at the Ag commissioner level, they were dealing with a new technology that was beyond their comprehension,” Azevedo later explains. “They did not really grasp what untoward effects might be created by the genetic engineering process itself.” He also tries unsuccessfully to speak with people at the University of California. Frustrated with the company and the government’s apparent lack of concern, he quits his job at Monsanto in early January 1998. [Spilling the Beans, 6/2006]
Gary Milhollin, a law professor and the director of the Wisconsin Project on Nuclear Weapons, testifies to a Senate committee and complains about a lack of US action over intelligence showing China is breaching treaty obligations. “We are simply watching the Chinese shipments go out, without any hope of stopping them,” says Milhollin. “All our present policy has produced is a new missile factory in Pakistan (see (Mid-1990s)), an upgraded nuclear weapons factory in Pakistan (see Early 1996), and new chemical weapon plants in Iran.” At the same hearing, Senator Jon Kyl (R-AZ) criticizes President Clinton for “giving Chinese firms a green light to sell missile technology to Iran and Pakistan.” [Levy and Scott-Clark, 2007, pp. 260, 512]
Steven Hatfill. [Source: Baltimore Sun]In 1998, scientist Steven Hatfill writes and copyrights a novel depicting a biological terrorist attack on the US. This novel will be one reason why he will be suspected for the 2001 anthrax attacks (see October 5-November 21, 2001), before being eventually cleared of any role in those attacks after years of suspicion (see August 1, 2002 and June 27, 2008). The novel, entitled Emergence, depicts a bubonic plague attack by a Palestinian terrorist on the White House and Congress. The bacteria is released in the White House through sprayers installed in a wheelchair, sickening the US president and top Congressional leaders. The terrorist is said to be funded by the Iraqi government, and the novel ends with the US attacking Iraq and dropping a nuclear bomb on Baghdad in retaliation. Hatfill envisions the US media “whip[ping] the American public into a state of near total hysteria” over the attack. He apparently asks for help from friends to get the novel to a publisher or agent, but the help never materializes. The novel will remain on his computer until it is discovered in an FBI raid on his apartment in mid-2002. The FBI will leak details about it to the media in August 2002. [Associated Press, 8/14/2002] However, one detail will not be made public until an article in Vanity Fair one year later: in a short epilogue, a Russian mobster reveals that his own organization and not Iraq was responsible for the attack. The mobster says: “The reaction was as great as we had hoped for the entire focus of the American FBI has now shifted towards combating chemical / biological terrorism and this is allowing us to formulate the unprecedented expansion of our organization.” [Vanity Fair, 9/15/2003]
The Charity Commission, which regulates the affairs of British charities, launches an investigation into the handling of Finsbury Park mosque by radical London cleric Abu Hamza al-Masri. The commission has power over the mosque because it is a registered charity, and launches the inquiry due to complaints from the mosque’s former trustees, who were usurped by British intelligence informer Abu Hamza in 1997 (see Early 1997 and March 1997). However, nothing much happens for several years. Authors Sean O’Niell and Daniel McGrory will comment: “Since taking over the mosque, Abu Hamza had amassed a string of unpaid bills. Yet it was not until after 9/11 that the commission took a serious look at his abuse of the mosque’s charitable status.” [O'Neill and McGrory, 2006, pp. 286] The commission will attempt to suspend Abu Hamza in 2002 (see April 2002).
Aguas Argentinas, the private company that is managing Buenos Aires’ water and sewer services, asks ETOSS, a government regulatory agency, to raise water rates by 11.7 percent. When ETOSS approves only a 1.61 percent increase, the company turns to Secretary of the Environment Maria Julia Alsogaray, who then persuades President Carlos Menem to authorize a 5.1 percent rate hike. It eventually turns into a 17 percent increase. When a judge freezes a portion of the rate hike, the government successfully appeals. [Santoro, 2/6/2003] Aguas Argentinas’ original 1992 contract with Argentina had stipulated that the company could not raise rates for at least ten years (see December 9, 1992). This is the second such increase in rates (see also (Early 1994)).
Weapons inspectors with the United Nations Special Commission (UNSCOM) report finding evidence that Iraq put VX nerve toxin into missile warheads before the 1991 Gulf War. Iraq has denied being able to make a weapon using VX payloads. The evidence comes from a classified US Army laboratory analysis of warhead fragments recovered by UNSCOM inspectors from a destruction pit at Taji, Iraq, in March 1998. Swabs from the warheads analyzed for the UN at the Aberdeen Proving Ground in Maryland showed “significant amounts” of degraded “VX disulfide… and stabilizer” in the samples, according to the UN. The laboratory results seem to confirm suspicions raised by Iraqi defectors and other sources, which indicated that Iraq, contrary to its claims, had indeed succeeded in stabilizing and weaponizing VX nerve gas. VX is an intensely lethal compound; using such nerve toxin in a missile attack would potentially inflict large casualties on the targeted population. The discovery also lends credence to suspicions that Iraq has intentionally misled inspectors about its weapons of mass destruction. Iraq has refused to admit that it ever created weaponized VX or that it deployed the nerve toxin in missile warheads. [Washington Post, 6/23/1998; TruthDig, 3/17/2008]
Leaked by INC - The Aberdeen report is leaked to the Washington Post through officials at the Iraqi National Congress (INC), which the Post will describe as “the principal Iraqi exile opposition group.” Diplomatic sources later confirm the findings, and US government officials will not dispute the conclusion.
Used to Criticize Clinton Administration - The report gives fresh ammunition to conservative Republicans seeking to target the Clinton administration for what they see as its failure to strongly support UNSCOM weapons inspections and the overthrow of Saddam Hussein. Senate Majority Leader Trent Lott (R-MS) will write in response to the report, “The latest example of a failed policy toward Iraq will not be swept under the rug.” Lott will write that he and other Republicans may use the issue to derail the Senate confirmations of US ambassador to the UN Richard Holbrooke and Energy Secretary Bill Richardson.
Republican Official: Iraqis 'Lied from the Start' - INC president Ahmed Chalabi will call the report “a smoking gun,” and add: “It shows that Saddam is still lying, and that this whole arrangement based on his turning his weapons of terror over to the United Nations is not workable. He has stabilized VX, which means he can store it for a long time and bring it out for use when he wants.” A Republican Senate official adds: “This report means that they have VX out there now, and can use it. They have lied from from the start.” [Washington Post, 6/23/1998]
Press Leak Alters UNSCOM Reaction - UNSCOM chief Richard Butler’s plans to announce a “major breakthrough” in diplomatic negotiations with Iraq are scuttled when the Post reports on the VX lab test results. The story focuses not just on the fact that traces of VX were found in Iraqi warheads, but on the harsh criticisms leveled by Lott and other Republicans. The Post writes: “The new indications of Iraqi deception also are likely to reverberate in US politics, where conservative Republicans are increasingly critical of what they see as a failure by the Clinton administration to support strongly either aggressive UNSCOM inspections for Iraqi weapons of mass destruction or efforts to overthrow Iraqi leader Saddam Hussein.” [TruthDig, 3/17/2008]
Report Disproven - Further research will disprove the Aberdeen test results, and conclude that Iraq had not, in fact, packed warheads with VX nerve toxin (see July 1998).
David Horowitz, in a 2009 appearance on Fox News. [Source: Fox News]Conservative pundit and author David Horowitz attacks the NAACP’s advocacy of restrictions on gun ownership. Horowitz writes an op-ed for the Internet magazine Salon in response to NAACP president Kwesi Mfume’s announcement that his organization would file a lawsuit to force gun manufacturers “to distribute their product responsibly.” Mfume noted that gun violence kills young black males at a rate almost five times higher than that of young white males, and in a press release, noted, “Firearm homicide has been the leading cause of death among young African-American males for nearly 30 years.” Horowitz calls the NAACP’s lawsuit “an absurd act of political desperation by the civil rights establishment,” and asks: “What’s next? Will Irish-Americans sue whiskey distillers, or Jews the gas company?” It is young black males themselves who bear the responsibility for the disparate number of gun-related deaths among their number, Horowitz writes, and nothing more; the NAACP is itself “racist” for claiming otherwise. “Unfortunately, as a nation we have become so trapped in the melodrama of black victimization and white oppression that we are in danger of losing all sense of proportion,” he writes, and says that the idea of any African-American oppression in America is nothing more than “a politically inspired group psychosis,” inspired by “demagogic race hustlers” and “racial ambulance chasers” such as Mfume, other civil rights leaders, including Jesse Jackson and the Reverend Al Sharpton, and other organizations such as Amnesty International. Horowitz extends his argument to claim that “race baiting” by civil rights organizations, liberals, and Democrats is a tactic being used to defeat Republican presidential candidate George W. Bush (R-TX). The left is threatened by Bush’s “outreach to minority communities and by his support among blacks,” he writes, and asks, “Is there a vast left-wing conspiracy that sees Bush’s black support as a political threat?” Black males, Horowitz writes, die in disproportionately higher numbers because they commit a disproportionately high number of violent crimes; they do so, he writes, because they are predisposed, either by genetics or culturally, to commit violent crimes. Any other explanation, he writes, is to embrace what he calls “institutional racism” that makes excuses and blames whites for the suffering and oppression blacks apparently inflict upon themselves. African-Americans would do well, Horowitz writes, to abandon their support of “patronizing white liberals” and embrace conservative leadership offered by such figures as Bush and New York City mayor Rudolph Giuliani. However, he concludes, that “would mean abandoning the ludicrous claim that white America and firearms manufacturers are the cause of the problems afflicting African-Americans. It would mean taking responsibility for their own communities instead.” [Salon, 8/16/1998] In response, Time national correspondent Jack E. White labels Horowitz a “real, live bigot.” White calls Horowitz’s column “a blanket assault on the alleged moral failures of African-Americans so strident and accusatory that it made the anti-black rantings of Dinesh D’Souza (see March 15, 1982 and June 5, 2004) seem like models of fair-minded social analysis.” White asks: “Is he really unaware of concerted attempts by African-American civil rights leaders, clergymen, educators, and elected officials to persuade young black men and women to take more responsibility for their actions? Just two weeks ago, at the National Urban League convention in Houston, I heard Jesse Jackson preach a passionate sermon on that theme. In fact, he and other black leaders have been dwelling on such issues for years.” [Time, 8/30/1998]
Gordon Oehler, a former US national intelligence officer for weapons of mass destruction, testifies before the Senate Foreign Relations Committee on the Clinton administration’s non-proliferation efforts. Oehler resigned in disgust the previous year as the administration was ignoring his warnings of Chinese proliferation to Pakistan and other countries (see October 1997). He tells the committee that “analysts were very discouraged to see their work was regularly dismissed.” [Levy and Scott-Clark, 2007, pp. 260, 512]
Phil Zimmerman, the creator of the highly regarded “Pretty Good Privacy” (PGP) protocols, sounds an alarm about the 1994 Communications Assistance for Law Enforcement Act (CALEA), which mandated that telephone providers aid government wiretapping “by installing remote wiretap ports onto their digital switches so that the switch traffic would be available for snooping by law enforcement. After CALEA passed (see January 1, 1995), the FBI no longer had to go on-site with wiretapping equipment in order to tap a line—they could monitor and digitally process voice communications from the comfort of the home office.…CALEA opened up a huge can of worms….” Zimmerman writes, “A year after the CALEA passed, the FBI disclosed plans to require the phone companies to build into their infrastructure the capacity to simultaneously wiretap 1 percent of all phone calls in all major US cities. This would represent more than a thousandfold increase over previous levels in the number of phones that could be wiretapped. In previous years, there were only about a thousand court-ordered wiretaps in the United States per year, at the federal, state, and local levels combined. It’s hard to see how the government could even employ enough judges to sign enough wiretap orders to wiretap 1 percent of all our phone calls, much less hire enough federal agents to sit and listen to all that traffic in real time. The only plausible way of processing that amount of traffic is a massive Orwellian application of automated voice recognition technology to sift through it all, searching for interesting keywords or searching for a particular speaker’s voice. If the government doesn’t find the target in the first 1 percent sample, the wiretaps can be shifted over to a different 1 percent until the target is found, or until everyone’s phone line has been checked for subversive traffic. The FBI said they need this capacity to plan for the future. This plan sparked such outrage that it was defeated in Congress. But the mere fact that the FBI even asked for these broad powers is revealing of their agenda.” [Ars Technica, 12/20/2005]
President Clinton orders the US Air Force to participate in a NATO bombing campaign in Kosovo. The campaign lasts for 79 days, and constitutes the first time since the War Powers Resolution became law in 1974 that any president has deployed US forces into overseas combat for over 60 days without Congressional authorization. Clinton’s legal advisers argue that Clinton has all the authority he needs to continue the air war because on May 22 Congress passes an emergency spending bill to fund the Kosovo war, just days before the 60-day clock runs out. The War Powers Resolution explicitly forbids appropriations to count as authorization, so Clinton’s legal ground is shaky. In 2007, author and reporter Charlie Savage will note the unusual role reversal in Washington—Democrats, who had insisted that Republican presidents obey the War Powers Resolution, now stand by Clinton (or at least offer no overt criticism), and Republicans, who had argued that Congress had no right to challenge a president’s authority to conduct a war as he sees fit, now challenge Clinton’s authority under the selfsame War Powers Resolution they have previously criticized. The Congressional debate ends inconclusively when the air campaign ends. [Savage, 2007, pp. 65-66]
Frank Sesno. [Source: Communications Institute]Radio news host Amy Goodman interviews CNN vice president Frank Sesno, and asks about CNN’s practice of putting retired generals on CNN without balancing its coverage with peace activists. Sesno tells Goodman that he believes it is perfectly appropriate to have retired military officers as paid analysts to comment on foreign affairs and military issues, “as long as we identify them as what they are, as long as we believe in our editorial judgment that their judgment is straight and honest—and we judge that—and it’s not a series of talking points, yes, I think it’s appropriate.” He adds, “I think it would become inappropriate if they were our only source of information or our only source of analysis or our only source of whatever the opinion is that we’re assessing, if there were no opposing viewpoints, if you will.” Goodman asks, “If you support the practice of putting ex-military men, generals, on the payroll to share their opinion during a time of war, would you also support putting peace activists on the payroll to give a different opinion in times of war, to be sitting there with the military generals, talking about why they feel that war is not appropriate?” Senso replies: “We bring the generals in because of their expertise in a particular area. We call them analysts. We don’t bring them in as advocates. In fact, we actually talk to them about that. They are not there as advocates.” So “why not put peace activists on the payroll?” Goodman asks. Sesno retorts, “We do,” and Goodman asks, “Who?” Sesno backs off: “On payroll? No, we don’t put peace activists—we don’t—we do not choose to put a lot of people on the payroll. And we will put people on the payroll whom we choose and whom we feel is necessary to put on the payroll.” Sesno cannot recall the last peace activist that he interviewed. Given all of this, Goodman asks how, aside from “screaming in the streets and getting a picture taken,” does an antiwar voice get heard on CNN? Sesno retorts: “Well, that’s up to you. But, you know, there are a lot of ways people have of registering their opinions: through op-eds, through phone-in shows, through protest, if that’s what people are doing.” [Democracy Now!, 4/22/2008]
Greater Ministries International Church (GMIC) logo. [Source: GMIC / Rick Ross]US marshals in Tampa, Florida, seize the headquarters of the Greater Ministries International Church (GMIC). The church is at the center of a lengthy investigation into a massive “Patriot movement” fraud scheme; federal authorities have already indicted several church principals. [Southern Poverty Law Center, 6/2001] Five leaders of the GMIC will later be convicted of multiple charges and sentenced to lengthy prison terms. The GMIC scheme, which prosecutors call an enormous “Ponzi scheme,” garnered some $500 million from 18,000 Christian investors who believed the GMIC assurances that God would double their money. In late 2001, Gerald Payne, the leader of the scam, will be sentenced to 27 years for his conviction on 19 counts of fraud, conspiracy, money-laundering, and related charges. His wife, Betty Payne, will receive 12 years and seven months. (Judge James Whittemore will give her a lengthier sentence than he had first planned after she announces in court that the trial violates her and her husband’s constitutional rights, and because they were led by the Holy Spirit, she and her husband broke no laws.) Patrick Henry Talbert, who taught church-sponsored antigovernment legal seminars and claimed to be a “sovereign citizen” not subject to US law (see Fall 2010), will get nearly 20 years tacked onto the 10-year term he is serving on unrelated state charges. Eudon “Don” Hall, a flamboyant evangelist for GMIC’s “Faith Promises” program, will be given almost 20 years. David Whitfield, the financial and computer manager for GMIC, will attempt to deny involvement and knowledge of the scam, but will be proven a liar by testimony from an IRS agent that shows he knows where more than $1 million of the stolen funds is hidden in Mexico. Whittemore will sentence Whitfield to 19 years, warning him that if a Mexican cache is found and connected to him, he could face additional charges. Two other GMIC defendants, Andrew Krishak and James Chambers, will plead guilty and cooperate with authorities, receiving significantly lesser sentences. [Southern Poverty Law Center, 6/2001; Christianity Today, 10/1/2001]
With the passing of UN Resolution 1284, the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) is created to assist in the disarming of Iraq. The new body replaces the United Nations Special Commission (UNSCOM). UNMOVIC is deliberately designed to prevent infiltration by spies of the UN Security Council member states, specifically the US and Britain. This had been a problem with its predecessor, UNSCOM. The UN diminishes the role of Americans in the new commission by abolishing the powerful office of deputy chairman, which had always been held by an American, and by appointing non-Americans to important positions. In the new inspections body, “The highest-ranking American in the agency now has a relatively lowly job, in charge of the training division.” A Chinese official holds the senior “activity evaluation” position and a Russian official is in charge of “liaising with foreign governments and companies.” Another reform is that the inspectors will use commercial satellite companies, instead of US spy satellites, to monitor Iraq’s activities. [London Times, 9/18/2002]
Eason Jordan. [Source: Eason Jordan]The US Army’s 4th PSYOPS (Psychological Operations) Group conducts a military symposium in Arlington, Virginia; during the symposium, the unit commander, Colonel Christopher St. John, calls for “greater cooperation between the armed forces and [the nation’s] media giants.” St. John discusses at some length how Army psyops personnel have worked for CNN (see April 22, 1999) and helped that news provider produce news stories. Dutch reporter Abe De Vries finds the information through a February 17 article in an official French intelligence newsletter. Virtually no mainstream American news outlets besides the San Jose Mercury News report the story. In March, CNN senior executive Eason Jordan admits that five “interns” from an Army psyops unit functioned as “observers” in three different units of the network beginning on June 7, 1999, for several weeks at a stretch. He says: “I think they came one at a time, and they worked in three parts of the company: in our radio—and I should be clear, not work, they did not work. They did not function as journalists. They were not paid. But they were in our radio department, our satellites area and our Southeast bureau.… [T]hey should not have been here, they’re not here anymore, and they will not be here ever again.” [Democracy Now!, 3/24/2000]
Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]
Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich RamÃrez Sanchez
Timeline Tags: Civil Liberties
Stephen Hadley, a neoconservative foreign affairs analyst who will become the future President Bush’s national security adviser (see November 2, 2004), briefs a group of prominent Republicans on the national security and foreign policy agenda of Bush. Hadley tells the assembled policymakers that Bush’s “number-one foreign policy agenda” will be removing Iraq’s Saddam Hussein from power. Hadley also says Bush will spend little or no time trying to resolve the Israeli-Palestinian crisis. According to Virginia Military Institute professor Clifford Kiracofe, who speaks to many of the policymakers after the meeting, many of them are shocked at the briefing. [Middle East Policy Council, 6/2004; Unger, 2007, pp. 175]
During an interview about CNN allowing Army psyops personnel to serve as interns inside the network (see March 24, 2000), reporter Amy Goodman asks CNN executive Eason Jordan about the network’s practice of using retired military generals and other high-ranking officers to serve as military analysts in times of war, without balancing the generals’ perspective with commentary from peace activists and antiwar leaders. Jordan says he is not aware of any such policy at CNN; however: “In wartime, we want people who understand how wars are orchestrated. We want experts who can address those issues. And if we have not put enough peace activists on the air, that’s not because we have some policy against that.” Jordan denies that the military analysts are there to discuss policy, but merely to explicate technical issues for the audience. Liberal columnist and editor Alexander Cockburn asks a hypothetical question: if indeed the Army, for example, had mounted “an incredibly successful military penetration of CNN,” and that everything Jordan is saying is complete disinformation: “[H]ow would you disprove that? Because, after all, everything that you see on CNN would buttress that conclusion. CNN was an ardent advocate of the war [in Kosovo, and] did not give a balanced point of view. They fueled at all points the Pentagon, State Department, White House approach to the war. I think you could demonstrate that far beyond the confines of your program, and it’s been done by a number of people. I’m just saying that if you looked at it objectively from afar, actually what you could see is evidence of an enormously successful PSYOPS operation. So, in a way, the burden is far more on CNN to disprove what you could conclude was a successful operation.… CNN, as an outlet, both in Iraq and now, is, to my view of thinking, devotes about 95 percent of its time in times of war to putting the US government point of view.” Jordan calls Cockburn’s hypothesizing “ridiculous.” [Democracy Now!, 3/24/2000]
CNN logo. [Source: CNN]After the San Jose Mercury News reports on a February symposium where the commander of an Army psyops (psychological operations) unit discussed how Army psyops personnel have worked closely with the US news network CNN (see Early February, 2000), journalist Amy Goodman discusses the issue with three guests: Dutch journalist Abe De Vries, who first broke the story; liberal columnist Alexander Cockburn, who wrote about it in the Mercury News and in his own publication, Counterpunch; and CNN senior executive Eason Jordan. De Vries says he originally read of the symposium in a newsletter published by a French intelligence organization, and confirmed it with Army spokespersons. Cockburn says that after he wrote about it in his publication, he was contacted by an “indignant” Jordan, who called the story “a terrible slur on the good name of CNN and on the quality of its news gathering.” Cockburn says that he, too, confirmed that Army psyops personnel—“interns,” Jordan told Cockburn—worked for several weeks at CNN, but the network “maintains stoutly, of course, that these interns, you know, they just were there making coffee or looking around, and they had no role in actually making news.” Goodman asks Jordan about the story, and he insists that the Army personnel were nothing more than unpaid interns who “functioned as observers” and were “always under CNN supervision. They did not decide what we would report, how we would report it, when we would report something.…[T]hey had no role whatsoever in our Kosovo coverage and, in fact, had no role whatsoever in any of our coverage.” Jordan says that allowing them into CNN was a mistake that the network will not repeat. Jordan says that the psyops personnel merely wanted “to see how CNN functioned, as a lot of people from around the world do. We have observers here from all over the world.” He insists that no one in his division—news gathering—knew about the psyops personnel serving as interns until the program was well underway, and that once they found out about it, they brought it to a halt “within a matter of days.” Cockburn points out that from De Vries’s reporting, the Army was “obviously pleased” by their ability to insert personnel inside one of the nation’s largest news organizations. Cockburn says that it isn’t a matter of the Army personnel conducting some sort of “spy novel” operation inside CNN, but a matter of building relationships: “[T]he question is really, you know, the way these things work. If people come to an office, and they make friends at the office, then the next time they want to know something, they know someone they can call up. A relationship is a much more subtle thing than someone suddenly running in and writing [CNN correspondent Christiane] Amanpour’s copy for her.” Jordan says the entire idea of the US military influencing news coverage is “nonsense” (see April 20, 2008 and Early 2002 and Beyond). Goodman counters with a quote from an Army psyops training manual: “Capture their minds, and their hearts and souls will follow.… Psychological operations, or PSYOP, are planned operations to convey selected information and indicators to audiences to influence their emotions, motives, objective reasoning and ultimately the behavior of organizations, groups and individuals. Used in all aspects of war, it’s a weapon whose effectiveness is limited only by the ingenuity of the commander using it. A proven winner in combat and peacetime, PSYOP is one of the oldest weapons in the arsenal of man. It’s an important force, protector, combat multiplier and a non-lethal weapons system.” [Democracy Now!, 3/24/2000]
Bruce Ivins in high school. [Source: Los Angeles Times]Bruce Ivins, a microbiologist specializing in anthrax, is said to have mental problems at least from this time. In 2000, he begins taking antidepressant drugs and getting professional psychiatric help. [Los Angeles Times, 8/7/2008]
Sometimes he shows evidence of a thinking he might be two people. In an e-mail to an unidentified friend in April 2000, he writes, “Other times it’s like I’m not only sitting at my desk, I’m also a few feet away watching me.” [Wall Street Journal, 8/7/2008]
On June 27, he writes in another e-mail to a friend: “Even with the [antidepressant] Celexa and the counseling, the depression episodes still come and go. That’s unpleasant enough. What is REALLY scary is the paranoia.” [Los Angeles Times, 8/7/2008]
On July 4, he writes, “The thinking now by the psychiatrist and counselor is that my symptoms may not be those of a depression or bipolar disorder, they may be that of a ‘Paranoid Personality Disorder.’”
On July 23, he says, “Sometimes I think it’s all just too much.” [New York Times, 8/6/2008]
On August 12, he writes in another e-mail, “I wish I could control the thoughts in my mind. It’s hard enough sometimes controlling my behavior. When I am being eaten alive inside, I always try to put on a good front here at work and at home, so I don’t spread the pestilence.… I get incredible paranoid, delusional thoughts at times, and there’s nothing I can do until they go away, either by themselves or with drugs.” [Los Angeles Times, 8/7/2008]
Ivins’s comments on his distressed mental state seem to abate for a time after this. On March 4, 2001, he says of his psychiatrist, “He’s not that easy to talk to and doesn’t really pick up on my problems.”
His anxiety at least partly seems related to complications arising from an anthrax vaccine project he had worked on in the late 1990s. By 2000, some Defense Department personnel were publicly complaining that the mandatory vaccine made them severely ill. In one July 2000 e-mail message, he writes, “I think the **** is about to hit the fan bigtime. The control vaccine isn’t working. It’s just a fine mess.” His mental problems will resurface in late 2001 (see September-December 2001). The New York Times will later have Richard Rappaport, an associate clinical psychiatry professor at the University of California, San Diego, examine court documents to assess Ivins’s mental state. Rappaport will wonder why Ivins was allowed to work for so long in a high-security biodefense laboratory. [New York Times, 8/6/2008]
The Sunday Times reports that an inquiry has been launched into the behavior of Bayer, after revelations in a British trial regarding the anthrax antibiotic drug Cipro. The drug has been tested on hundreds despite the company having conducted studies which showed it reacted badly with other drugs, seriously impairing its ability to kill bacteria. These results are kept secret. Nearly half of those on whom the drug was tested at one test center develop a variety of potentially life-threatening infections, while data at other test centers is unknown. [Sunday Times (London), 5/14/2000]
John Yoo, an associate law professor at the University of California at Berkeley, makes a presentation at a Cato Institute seminar on executive power. Yoo, who will go on to become one of the Bush administration’s primary advocates of unchecked executive power (see March 1996), accuses the Clinton administration of upending the Constitution to give the executive branch unwarranted authority (see March 24 - Mid-June, 1999). “[T]he Clinton administration has undermined the balance of powers that exist in foreign affairs, and [they] have undermined principles of democratic accountability that executive branches have agreed upon well to the Nixon administration,” he says. Regarding the Clinton administration’s stretched interpretation of the Anti-Ballistic Missile Treaty (see June 2000), Yoo says that the Clinton “legal arguments are so outrageous, they’re so incredible, that they actually show, I think, a disrespect for the idea of law, by showing how utterly manipulatible it is.” [Savage, 2007, pp. 67]
The FDA endorses the use of Bayer’s Cipro drug to prevent inhalation anthrax. [Reuters, 7/28/2000] An official recommendation like this is highly unusual for the FDA. A 1997 Pentagon study of anthrax in rhesus monkeys showed that several other drugs were as effective as Cipro. The reason given for only recommending Cipro is the government wants a weapon against anthrax should it come up against a strain resistant to drugs in the penicillin and tetracycline families of antibiotics. [New York Times, 10/21/2001] The pharmaceutical industry spent $177 million on lobbying in 1999 and 2000—more money than any other industry. The FDA has been accused of conflicts of interest with companies including Bayer. [New York Times, 11/4/2001]
Former federal prosecutor William “Bill” Johnston is indicted for obstructing the investigation of special counsel John Danforth, who led a government probe into the Branch Davidian debacle near Waco, Texas (see April 19, 1993, September 7-8, 1999, and July 21, 2000). Johnston, a former US attorney in Waco, is accused of concealing information about the FBI’s use of pyrotechnic CS gas rounds during the final assault on the Davidian compound (see August 25, 1999 and After). Danforth, a former Republican senator, says he preferred to release the investigation report without prosecuting anyone, but says the charges against Johnston are too severe to ignore. “I couldn’t just shrug it off,” Danforth says. Johnston is accused of hiding his notes about the use of incendiary tear gas rounds from the Justice Department and Congress. He is also accused of later lying about the notes to Danforth’s investigators and to the grand jury. Johnston has admitted to hiding his notes, but also helped bring the information about the incendiary gas rounds to the public. “My actions were foolish, regrettable, and wrong, but they were not criminal,” Johnston says. “I can’t confess to concealing the pyrotechnics when I was the government employee most responsible for disclosing them. And I can’t take full blame when there is so much blame to be spread around.” Danforth’s report found no evidence of a widespread government conspiracy to cover up the use of the pyrotechnic gas rounds, but asserted that members of the Justice Department’s prosecution team had failed to give information about the rounds to Davidian defense lawyers during a criminal trial in 1994 (see January-February 1994). The report also criticized two FBI evidence technicians, Richard Crum and James Cadigan, who checked the crime scene for failing to keep notes and giving evasive statements on their findings. Johnston says he hid his notes to protect himself from “enemies” in the Justice Department. “Certain people leaked a memo to the news media making it appear—falsely—that I attended a 1993 meeting at which the term ‘pyrotechnic’ was used,” Johnston says. “In any event, when I uncovered the notes, only days after the memo was leaked, I panicked, because I had just been ordered to place all my trial material in the hands of the people behind the smear campaign. I should have turned those notes over anyway and suffered the consequences, but I didn’t.” Danforth says that two other prosecutors on the trial, Ray Jahns and LeRoy Jahns, knew about the pyrotechnic gas rounds but did not disclose their knowledge. However, Danforth says there is not enough “tangible” evidence against the two to file charges. “There is a difference between what I believe and conclude and what I can prove beyond a reasonable doubt,” he says. [St. Louis Post-Dispatch, 11/9/2000] Johnston will accept a plea-bargain deal that gives him two years’ probation and 200 hours of community service in return for an admission of guilt. He will tell the court: “Whatever my reason [for withholding his notes], it was wrong. It will never be right to withhold something in fear or panic or whatever reason.” [Associated Press, 6/7/2001] In August 1999, Johnston wrote to Attorney General Janet Reno that he believes unnamed Justice Department officials were concealing evidence from her (see August 30, 1999).
A series of hoax anthrax letters are sent to Fox News commentators Bill O’Reilly and Sean Hannity. Hannity will later say he began receiving the letters in the winter of 2000 and then a second batch in August 2001. Most of them were sent from a postmark in Indianapolis, Indiana, but “one or two were from Trenton,” New Jersey, where the deadly anthrax letters will be sent from shortly after the 9/11 attacks. The FBI will later allow the New York Post to see copies of these letters, which have block handwriting sloping down to the right and other features remarkably similar to the later letters containing real anthrax. Hannity will later say: “When I saw the Tom Daschle envelope and the Tom Brokaw envelope, I immediately was stunned. It was the exact same handwriting that I had recognized.… When I saw it I said, ‘Oh my God, that’s the same guy.’” [New York Post, 11/1/2001; NewsMax, 11/1/2001] The letters have yet to be made public.
Georgia Thompson is hired to oversee Wisconsin’s state travel spending. She soon builds a reputation as a quiet, pleasant, hard-working individual who is devoted to her job. She is not a political appointee, but rather a civil service hire with 27 years of experience in the travel industry. She is hired by the administration of Governor Scott McCallum (R-WI). [Milwaukee Journal-Sentinel, 1/27/2006]
The number of “cooperative research and development agreements” between the EPA and individual corporations or industry associations increases dramatically under the Bush administration. Under such agreements, companies help fund EPA research programs. But critics says these partnerships result in funds being diverted from public health and environmental research toward applied research that is shaped by the interests of corporate funders. In internal agency surveys, EPA scientists say that corporate involvement is influencing the agency’s research agenda. According to one EPA scientist, “Many of us in the labs feel like we work for contracts.” [PEER, 10/5/2005]
Incoming Vice President Dick Cheney is already working to formulate the new administration’s energy policy, and to do so he is calling on a variety of CEOs and lobbyists for the oil, gas, and energy corporations. Authors Lou Dubose and Jake Bernstein will later observe that Cheney’s “visitor log began to look like the American Petroleum Institute [API]‘s membership list. This was no coincidence.” In early January, an oil and gas lobbyist brings a group of industry executives to the API’s Washington offices to put together a wish list for Cheney and the administration. Shortly after the inauguration, the same lobbyist, J. Steven Griles, will be named deputy secretary of the interior and assigned to work with the Cheney energy task force (see May 16, 2001). Griles will become the conduit for API members to funnel their recommendations directly to the task force. [Dubose and Bernstein, 2006, pp. 7]
Bush’s chief of staff, Andrew Card, directs federal agencies to freeze more than 300 pending regulations issued by the administration of Bill Clinton. The regulations affect areas ranging from health and safety to the environment and industry. The delay, Card says, will “ensure that the president’s appointees have the opportunity to review any new or pending regulations.” The process expressly precludes input from average citizens. Inviting such comments, agency officials conclude, would be “contrary to the public interest.” Almost all of the regulations are later overturned. [US News and World Report, 12/23/2003]
The presidential papers of Ronald Reagan are scheduled to be released to the public (by Reagan’s own decision), but on his first day in office, Bush invokes a clause in the Presidential Records Act (PRA) to allow him 30 days to “review” the papers before releasing them. He will continue to “review” them every month until November 2001. Then Bush will issue an executive order giving him essentially carte blanche in deciding if and when any presidential papers will ever be released (see January 20-September 10, 2001 and November 1, 2001). The standard of the 1978 Presidential Records Act is to make presidential records and documents available after twelve years, if not voluntarily made available sooner, and with some obvious exceptions such as classified materials concerning national security. The first president to whom the new law applies is Ronald Reagan, and his vice-president, George H.W. Bush. The Reagan library has already released, or is readying for release, all but about 68,000 pages. The law provides that an incumbent president can double-check the release to ensure it falls within the law’s provision. According to the Act, the 68,000 pages are to be released now. Bush’s order will declare that not only can a former president assert executive privilege over his papers against the will of the incumbent president (a measure Reagan instituted just before he left office) but that a sitting president could also block the papers of a predecessor, even if that predecessor had approved their release. The implications of this change are breathtaking. “It’s pretty fishy,” says Anna Nelson, an American University history professor. “The precautions on ‘national security’ are extreme. These are not Iran-Contra papers.” Steve Aftergood, director of the Federation of American Scientists’ Project on Government Secrecy, says, “This is a test of Congress to see how much the administration can get away with. It is not at all surprising the executive branch would want to operate in secret. The question is, How much will Congress accept?” [Nation, 2/7/2002; Dean, 2004, pp. 89-90]
According to reporter and author Charlie Savage, the White House staff quickly coalesces into two camps: “Bush People[,] mostly personal friends of the new president who shared his inexperience in Washington,” which includes President Bush’s top legal counsels, Alberto Gonzales and Harriet Miers, both corporate lawyers in Texas before joining Bush in Washington. The second group is “Cheney People—allies from [Vice-President Dick] Cheney’s earlier stints in the federal government (see May 25, 1975, November 18, 1980, 1981-1992, 1989, and June 1996) who were deeply versed in Washington-level issues, a familiarity that would allow their views to dominate internal meetings. These included [Defense Secretary Donald] Rumsfeld and other cabinet secretaries, key deputies throughout the administration, and David Addington, Cheney’s longtime aide who would become a chief architect of the administration’s legal strategy in the war on terrorism” (see July 1, 1992 and (After 10:00 a.m.) September 11, 2001). Savage will observe, “Given the stark contrast in experience between Cheney and Bush, it was immediately clear to observers of all political stripes that Cheney would possess far more power than had any prior vice president.”
'Unprecedented' Influence - Cheney will certainly have “unprecedented” influence, according to neoconservative publisher William Kristol, who himself had served as former Vice President Dan Quayle’s chief of staff. “The question to ask about Cheney,” Kristol will write, is “will he be happy to be a very trusted executor of Bush’s policies—a confidant and counselor who suggests personnel and perhaps works on legislative strategy, but who really doesn’t try to change Bush’s mind about anything? Or will he actually, substantively try to shape administration policy in a few areas, in a way that it wouldn’t otherwise be going?”
Expanding the Power of the Presidency - Cheney will quickly answer that question, Savage will write, by attempting to “expand the power of the presidency.” Savage will continue: “He wanted to reduce the authority of Congress and the courts and to expand the ability of the commander in chief and his top advisers to govern with maximum flexibility and minimum oversight. He hoped to enlarge a zone of secrecy around the executive branch, to reduce the power of Congress to restrict presidential action, to undermine limits imposed by international treaties, to nominate judges who favored a stronger presidency, and to impose greater White House control over the permanent workings of government. And Cheney’s vision of expanded executive power was not limited to his and Bush’s own tenure in office. Rather, Cheney wanted to permanently alter the constitutional balance of American government, establishing powers that future presidents would be able to wield as well.” [Savage, 2007, pp. 7-9] Larry Wilkerson, the chief of staff for Secretary of State Colin Powell, will say after leaving the administration: “We used to say about both [Defense Secretary Donald Rumsfeld’s office] and the vice president’s office that they were going to win nine out of 10 battles, because they were ruthless, because they have a strategy, because they never, never deviate from that strategy. They make a decision, and they make it in secret, and they make it in a different way than the rest of the bureaucracy makes it, and then suddenly, foist it on the government—and the rest of the government is all confused.” [Unger, 2007, pp. 299]
Signing Statements to Reshape Legislation, Expand Presidential Power - To that end, Cheney ensures that all legislation is routed through his office for review before it reaches Bush’s desk. Addington goes through every bill for any new provisions that conceivably might infringe on the president’s power as Addington interprets it, and drafts signing statements for Bush to sign. In 2006, White House counsel Bradford Berenson will reflect: “Signing statements unite two of Addington’s passions. One is executive power. And the other is the inner alleyways of bureaucratic combat. It’s a way to advance executive power through those inner alleyways.… So he’s a vigorous advocate of signing statements and including important objections in signing statements. Most lawyers in the White House regard the bill review process as a tedious but necessary bureaucratic aspect of the job. Addington regarded it with relish. He would dive into a 200-page bill like it was a four-course meal.” It will not be long before White House and Justice Department lawyers begin vetting legislation themselves, with Addington’s views in mind. “You didn’t want to miss something,” says a then-lawyer in the White House. [Savage, 2007, pp. 236]
Entity Tags: David S. Addington, Bradford Berenson, Alberto R. Gonzales, Charlie Savage, William Kristol, Richard (“Dick”) Cheney, Donald Rumsfeld, Bush administration (43), Harriet E. Miers, George W. Bush, Lawrence Wilkerson
Timeline Tags: Civil Liberties
The Bush administration broadens the definition of what the government considers classified information from the very beginning of its time in office. Author Ron Suskind will later write, “The [classification] initiative was a pet project of [Vice President Cheney], who’d long believed that public and congressional scrutiny of presidents was weakening executive power. With Cheney’s guidance [before 9/11], documents were being classified at twice the rate of the previous administration.” This penchant for secrecy and classification will increase even more after 9/11. [Suskind, 2006, pp. 98]
Vice President Cheney takes office with every intention to push President Bush into invading Iraq. According to an unnamed former subordinate of Cheney’s while Cheney was secretary of defense (see March 20, 1989 and After), Cheney wants to “do Iraq” because he thinks it can be done quickly and easily, and because “the US could do it essentially alone… and that an uncomplicated, total victory would set the stage for a landslide re-election in 2004 and decades of Republican Party domination.” Cheney believes that overthrowing Saddam Hussein “would ‘finish’ the undone work of the first Gulf War and settle scores once and for all with a cast of characters deeply resented by the vice president: George H. W. Bush, Colin Powell, Brent Scowcroft, and Jim Baker.” [Unger, 2007, pp. 182]
Two of the first people to meet with the newly inaugurated President Bush are Enron CEO Kenneth Lay and Enron vice president Robert Shapiro. Lay and Shapiro are close political allies of Bush and Vice President Cheney. Lay and his Enron executives were not only the largest campaign donors for the Bush-Cheney presidential effort, but are Bush’s largest lifetime political backers, having financed Bush’s two campaigns for governor of Texas to the tune of some $775,000. Enron sank $1.2 million into the various 2000 Republican political campaigns, with the lion’s share of those donations going to the Bush-Cheney campaign. Enron provided more tangible support than just money; during the contentious December 2000 recount debacle in Florida, Enron (and Halliburton) provided corporate jets that shuttled Bush-Cheney lawyers and personnel around Florida and Washington. The early meetings with Bush are matched by meetings between Cheney, Lay, Shapiro, and at least four other Enron executives. [Dubose and Bernstein, 2006, pp. 6-7]
Newly elected president George W. Bush says he opposes price caps on wholesale electricity, and suggests that for California to ease its power crisis, it should relax its environmental regulations and allow power companies such as Enron to operate unchecked. “The California crunch really is the result of not enough power-generating plants and then not enough power to power the power of generating plants,” he says. [Harper's, 1/23/2001] In 2002, former Enron energy trader Steve Barth will give a different perspective. “This was like the perfect storm,” he will say of Enron’s merciless gaming of the California energy crisis. “First, our traders are able to buy power for $250 in California and sell it to Arizona for $1,200 and then resell it to California for five times that. Then [Enron Energy Services] was able to go to these large companies and say ‘sign a 10-year contract with us and we’ll save you millions.’” [CBS News, 5/16/2002]
Habitat for Humanity logo. [Source: Habitat for Humanity]President Bush issues two executive orders establishing a White House Office of Faith-Based and Community Initiatives, and ordering five cabinet-level departments to establish similar centers inside their own bureaucracies. Bush explains the need for such offices: to remove the internal rules and regulations that prevented churches and synagogues from obtaining government grants for welfare work such as building homeless shelters, addiction treatment centers, and soup kitchens. Many faith-based groups such as Habitat for Humanity and the Salvation Army receive millions of government dollars already, but to do so they must obey strict rules for keeping church and state separate: no proselytizing in the same facilities used for taxpayer-funded work, no discrimination against people of different faiths. Bush calls those rules discriminatory against religious groups. To allow the new faith-based offices to reshape the bureaucracy’s behavior, the White House needs to change the federal rules about who can receive taxpayer funds. It sends Congress a bill allowing religious groups to receive taxpayer funds even if they discriminate against people of other faiths, and even if they want to deliver their services in a religious context. Critics call the bill an attempt to establish government-sanctioned religious practices, and say it violates the constitutional wall between church and state. Congress refuses to even bring the bill to a vote. Instead, Bush issues an executive order instructing the bureaucracy to make the changes anyway. With Republicans in charge of both the House and Senate, Congress does not object, and the order stands. Now, faith-based groups can require aid recipients to listen to sermons, view symbols, and even participate in prayer and other religious observances. In 2004, Bush will boast of his actions: “I got a little frustrated in Washington because I couldn’t get the bill passed out of Congress. Congress wouldn’t act, so I signed an executive order—that means I did it on my own.” [Savage, 2007, pp. 289-291]
Just after assuming the presidency, George W. Bush tells reporters, “We’re going to have a frank dialogue about a lot of issues, and I’m going to start by reminding that we know the difference between the executive branch and the legislative branch, but I do believe the president and the vice president can play a part, a strong part, in helping advance an American agenda.” [Congress Daily, 6/29/2007]
According to a 2006 lawsuit against three major US telecommunications firms that alleges the companies illegally cooperated with the NSA’s warrantless surveillance program (see May 12, 2006), NSA officials meet with AT&T officials to discuss that firm’s participation. (Days later, NSA officials will also meet with officials from Qwest, who refuse to cooperate—see February 27, 2001). The officials discuss replicating an AT&T network center in Bedminster, New Jersey, to give the agency access to all the global phone and e-mail traffic that runs through it. According to an AT&T engineer’s court statements, the NSA officials want to “listen in” with unfettered access to communications that they believe may have intelligence value, as well as the ability to store those communications for later review. There is no discussion of limiting the monitoring to international communications, the engineer says: “At some point, I started feeling something isn’t right.” Two other AT&T employees will contradict the engineer’s claims, saying that the NSA merely wanted to upgrade its own internal communications. The lawsuit’s legal counsel, Bruce Afran and Carl Mayer, will say that internal AT&T documents can verify the engineer’s account. Mayer will say that the engineer sees “decisive evidence that within two weeks of taking office, the Bush administration was planning a comprehensive effort of spying on Americans’ phone usage.” [New York Times, 12/16/2007]
Verizon gives the NSA access from within its facilities. [Source: ReallyNews.com]AT&T, Verizon, and BellSouth all cooperate with the NSA in monitoring US citizens’ phone and Internet communications (see October 2001). Qwest, however, refuses to cooperate (see February 27, 2001). Qwest officials are unsure that it is legal to hand over customer information to the government without court warrants. The firm’s refusal to participate in the program leaves a gaping hole in the NSA’s database, with the NSA only getting partial coverage of US citizens in the West and Northwest. Until recently, AT&T and other phone companies have routinely insisted on court warrants before turning over call data to government agencies, protocols growing out of the historical concerns of the Bell Telephone system for customer service and privacy. Gene Kimmelman of the Consumers Union will say in 2006 that such insistence on court warrants was a bedrock principle of the Bell systems. “No court order, no customer information—period.” he says. “That’s how it was for decades.” The Bell system was also concerned with following the law, specifically the Communications Act of 1934, which prohibits telephone companies from giving out such information without court orders. President Bush and other government officials will later say that his 2002 executive order allowing the NSA to wiretap American phones without warrants (see Early 2002) gives the telephone companies legal cover, but many legal experts and civil liberties groups disagree. After 9/11, the NSA approaches the four companies with offers to pay for US citizens’ call histories and for updates, which would allow the agency to track citizens’ phone habits. Three of the four agree to the NSA proposal, but again Qwest does not. An AT&T spokesman will say in May 2006, “We do not comment on matters of national security, except to say that we only assist law enforcement and government agencies charged with protecting national security in strict accordance with the law.” BellSouth will say that the company “does not provide any confidential customer information to the NSA or any governmental agency without proper legal authority.” Verizon will add that the company acts “in full compliance with the law and we are committed to safeguarding our customers’ privacy.” Neither AT&T nor Qwest will comment at all. [USA Today, 5/11/2006] The NSA asks Qwest to install monitoring equipment on its “Class 5” switching facilities, which monitor the most localized calls as well as some international traffic. The NSA claims it will only single out foreigners on Qwest’s network. In 2006, a government official will say that the CEO of Qwest, Joe Nacchio, misunderstood what the agency was asking. [New York Times, 12/16/2007]
Qwest Refuses to Cooperate - In 2006, sources will recall that at the time of the NSA requests, Nacchio is so disturbed by the idea of the NSA wiretapping phones without warrants, and is so unsure of what information would be collected and how it might be used, that he decides the company will not cooperate. The NSA tells Qwest and the other companies that not only would it compile and maintain data on US citizens’ phone habits, but it may well share that information with other US government agencies, including the CIA, the Drug Enforcement Administration, and the FBI. Indeed, the NSA shares what it calls “product” with other intelligence agencies, and perhaps with other governmental agencies. After Nacchio decides not to comply with the NSA’s request, the agency begins pressuring the firm, accusing it of threatening national security and implying that Qwest might not be eligible for future governmental contracts. When Qwest asks the NSA to take its proposal to the FISA Court (FISC), the agency refuses, making Qwest that much more dubious about the NSA operation, especially when NSA lawyers say they won’t take the proposal to FISC because that court “might not agree with them.” The NSA also refuses to ask for authorization from the attorney general’s office. Nacchio will leave Qwest under fire for allegedly misleading shareholders about the company’s financial prospects, but his successor, Richard Notebaert, continues to refuse to cooperate with the NSA. [USA Today, 5/11/2006; USA Today, 5/11/2006] Interestingly, by 2004 the Federal Communications Commission will list Qwest and Verizon as essentially the same company. [Federal Communications Commission, 12/10/2004]
Other Firms Deny Participation - In May 2006, after USA Today reports on the telecom firms’ participation in the surveillance (see May 11, 2006), both Verizon and BellSouth will deny providing the NSA with data on their customers, though they have previously acknowledged their cooperation (see February 5, 2006). A BellSouth spokesman will say, somewhat ingenuously, “We’re not aware of any database that NSA has, so we’re not aware of our customer information being there at all.” And Verizon conspicuously fails to mention possible data from MCI, the long-distance provider it has recently bought. Senator Patrick Leahy (D-VT) will say of the various companies’ participations, “The thing that concerns me is some [companies] said yes and some said no” when asked to participate. “If the government really thought this was legal and necessary, why let some say yes and some say no? It’s either legal and necessary, or it’s not.” [USA Today, 5/16/2006]
Entity Tags: Patrick J. Leahy, Qwest, Richard Notebaert, Verizon Communications, National Security Agency, USA Today, George W. Bush, Joe Nacchio, Foreign Intelligence Surveillance Court, BellSouth, Central Intelligence Agency, AT&T, Consumers Union, Federal Bureau of Investigation, Drug Enforcement Administration, Gene Kimmelman, Federal Communications Commission
Timeline Tags: Civil Liberties
The National Security Agency seeks the assistance of global telecommunications corporation AT&T to help it set up a domestic call monitoring site to eavesdrop on US citizens’ phone communications, according to court papers filed in June 2006 as part of a lawsuit against AT&T (see October 2001). The NSA is expressly forbidden from spying on US citizens within US borders unless authorized by the Foreign Surveillance Intelligence Court (FISC) (see 1978). When the NSA program, which wiretaps phone and email communications often without court warrants, becomes public knowledge well over four years later (see December 15, 2005), President Bush, NSA Director Michael Hayden, and other White House and government officials will assert that the program was set up in response to the September 11, 2001 terrorist attacks. If the claims made in the lawsuit are accurate, these assertions are provably false. “The Bush administration asserted this became necessary after 9/11,” lawyer Carl Mayer will claim in 2006. “This undermines that assertion.” Unbeknownst to most Americans, the NSA is operating a secret “data mining” operation that, by 2006, will have compiled phone records and contact information on millions of domestic phone and email communications. The NSA project is code-named “Project Groundbreaker,” and is ostensibly an above-board attempt announced in June 2000 to have AT&T and other firms help modernize its technological capabilities. The project originally seeks to have AT&T build a network operations center that duplicates AT&T’s facility in Bedminster, New Jersey; this plan will be altered when the NSA decides it will be better served by acquiring the monitoring technology itself. The agency is seeking bids for a project to “modernize and improve its information technology infrastructure,” including the privatization of its “non-mission related” systems support. [TechWeb, 6/13/2000; Bloomberg, 6/30/2006] Groundbreaker’s privatization project is expected to provide up to $5 billion in government contracts to various private firms such as AT&T, Computer Sciences Corporation, and OAO Corporation, [Computerworld, 12/4/2000; Government Executive, 9/1/2001] and up to 750 NSA employees will become private contractors. Hayden, who has aggressively instituted a corporate management protocol to enhance productivity and has brought in numerous senior managers and agency executives from private defense firms, is a strong proponent of privatizing and outsourcing much of the NSA’s technological operations, and in 2001 will say that he wants the agency to focus on its primary task of breaking codes and conducting surveillance. Hayden does not admit that Groundbreaker is part of a larger NSA domestic surveillance program, [Government Executive, 9/1/2001] and publicly, NSA officials say that the project is limited to administrative and logistics functions. [Computerworld, 12/4/2000] The covert data mining portion of the project is code-named “Pioneer.” A former, unnamed employee of the NSA, [Bloomberg, 6/30/2006] and a former AT&T technician, Mark Klein, will provide the key information about Groundbreaker (see Late 2002, July 7, 2009 and December 15-31, 2005). Klein will say in 2006 that he saw the NSA construct a clandestine area within its switching center in San Francisco, and saw NSA technicians shunt fiber optic cable carrying Internet traffic into that area, which contains a large data bank and secret data mining hardware (see April 6, 2006). Klein will say he knew that the NSA built other such facilities in other switching locations. He will go on to say that the NSA did not work with just AT&T traffic; when AT&T’s network connected with other networks, the agency acquired access to that traffic as well. [Democracy Now!, 5/12/2006] The information about AT&T and the NSA will become public knowledge after the 2006 filing of a lawsuit against AT&T and other telecommunications firms (see May 12, 2006 and June 26, 2006).
President Bush’s first national security directive, NPSD-1, dramatically reorganizes the National Security Council. The directive redefines “security” as not only the defense of the US and its borders, but also explicitly defines it as “the advancement of United States interests around the globe. National security also depends on America’s opportunity to prosper in the world economy.” The directive removes many senior advisers and staff from the flow of information and centralizes almost all security information directly to Bush through National Security Adviser Condoleezza Rice (see February 13, 2001). [US President, 2/13/2001]
Exxon logo. [Source: Goodlogo (.com)]One of the first officials to meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001) is James Rouse, the vice president of ExxonMobil and a large financial donor to the Bush-Cheney presidential campaign. Several days later, Kenneth Lay, the CEO of Enron, meets with the group. It will not be his last meeting (see April 17, 2001 and After). The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]
NMA logo. [Source: Enumerate (.com)]Jack N. Gerard of the National Mining Association (NMA) meets with Andrew Lundquist, the executive director of the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001), and other staff members. Gerard wants the Bush administration to give the Energy Department the responsibility for promoting technology that would ease global warming, and more importantly, to keep the issue away from the Environmental Protection Agency (EPA), which could issue regulations on greenhouse gas emissions. Gerard and the NMA want voluntary, not mandatory, regulations. The task force adopts the NMA’s request in its policy. The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]
Duke Energy logo. [Source: University of Michigan]Several officials from the nation’s biggest electric utilities, including Duke Energy and Constellation Energy Group, meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]
API logo. [Source: American Petroleum Institute]James Ford, an official with the American Petroleum Institute (API), sends Energy Department official Joseph T. Kelliher copies of the API’s position papers. In that packet is what the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001) will describe as a “suggested executive order to ensure that energy implications are considered and acted on in rulemakings and executive actions.” In May 2001, President Bush will issue that selfsame executive order (see May 11, 2001). [Washington Post, 7/18/2007]
Conoco logo. [Source: Perkins Oil (.net)]The chairman of oil giant Conoco, Archie Dunham, meets with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). In November 2005, ConocoPhillips CEO James Mulva will claim that no one from Conoco ever met with the task force (see November 16, 2005). [Washington Post, 11/16/2005]
British Petroleum logo. [Source: British Petroleum]Officials from British Petroleum, including regional president Bob Malone, meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The BP representatives are part of a group of officials from some 20 different oil and drilling companies and organizations to meet with Cheney’s task force in March and April. The other organizations include the National Mining Association, the Interstate Natural Gas Association of America, and the American Petroleum Institute. The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). In November 2005, BP America CEO Ross Pillari will testify in a Senate hearing that he does not know about any such meetings (see November 16, 2005). [Washington Post, 11/16/2005; Washington Post, 7/18/2007]
EPA administrator Christie Todd Whitman tells reporters that the Bush administration has “no interest in implementing” the Kyoto Protocol. [BBC, 3/28/2001; Associated Press, 3/28/2001; Environmental News Network, 3/28/2001; CBS News, 3/28/2001; CNN, 3/29/2001] The treaty would require 39 industrialized nations to cut emissions of six greenhouse gases—carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride—to an average of 5.2 percent below 1990 levels by the period 2008-2012. The US would be required to reduce its emissions by about 7 percent. The protocol will not go into effect until it has been ratified by countries that were responsible for at least 55 percent of the world’s carbon emissions in 1990. [BBC, 3/29/2001; BBC, 9/29/2001] The United States is the world’s largest polluter and therefore its refusal to support the treaty represents a significant setback. In 1990, the US was responsible for 36.1 percent of greenhouse emissions. [BBC, 6/4/2004] The Bush administration complains that the treaty would harm US economic interests and that it unfairly puts too much of the burden on industrialized nations while not seeking to limit pollution from developing nations. [BBC, 3/29/2001]
Some commentators react swiftly and angrily to the US’s abrupt withdrawal from the Kyoto Protocols (see March 27, 2001). “China can’t accept any attempt to violate the principles of the convention and eliminate the protocol,” says a spokesman for the Chinese Foreign Ministry. “It is totally groundless to refuse the ratification of the Kyoto Protocol on the excuse that developing countries such as China have not shouldered their responsibility.” British journalist Charles Secrett shows how responsible the US is for the environmental depredations Kyoto attempts to repair: “The US, with 5 percent of the world’s population, emits almost a quarter of the world’s carbon dioxide, the main climate-changing gas. It promised to cut emissions by 7 percent over 1990 levels by 2012 at the latest, but its emissions in fact rose by more than 10 percent between 1990 and 2000. Bush’s campaign for the US presidency was backed by major oil giants, including Exxon, which also led the campaign in the US against the Kyoto treaty.” Fellow British journalist Ed Vulliamy adds: “The story behind the singular determination of Bush to fly in the face of world opinion, the sentiments of most Americans, and even many in his own government reveals adherence to ideological rigor and a payment of debts to the business interests that helped him to the White House—above all, oil and coal. Oil runs through every sinew and vein of the Bush administration; rarely, if ever, has a Western government been so intimately entwined with a single industry.” [Carter, 2004, pp. 270-271]
Representatives of 13 environmentalist groups meet with officials from Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). Since late January, some 40 task force meetings have been held, all with oil and energy company executives and lobbyists (see Before January 20, 2001, After January 20, 2001, Mid-February, 2001, Mid-February, 2001, March 5, 2001, March 20, 2001, March 21, 2001, March 22, 2001, April 12, 2001. April 17, 2001, and April 17, 2001 and After). Today is the one day where environmental groups are allowed to have any input. Anna Aurilio of the US Public Interest Group will later say, “It was clear to us that they were just being nice to us.” (Notably, the only people ever identified as “lobbyists” by the task force to the press are the representatives from the environmental groups from today’s meeting.) Their input is neither wanted nor used; an initial draft of the task force’s report has already been prepared and President Bush has already been briefed on its contents. The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released for six years (see July 18, 2007). Until this meeting, the only environmentalist group to meet with the Cheney task force has been the Council of Republicans for Environmental Advocacy, founded in 1998 by conservative tax activist Grover Norquist and Gale Norton, now the Bush administration’s Secretary of the Interior. That group is now run by Italia Federici, described by the Washington Post as “socially involved” with Norton’s deputy, J. Steven Griles. [Dubose and Bernstein, 2006, pp. 18; Washington Post, 7/18/2007]
USOGA logo. [Source: US Oil and Gas Association]An official from the oil giant Conoco, along with two officials from the US Oil and Gas Association (USOGA), meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). In November 2005, ConocoPhillips CEO James Mulva will claim that no one from Conoco ever met with the task force (see November 16, 2005). [Washington Post, 11/16/2005]
Shell Oil logo. [Source: Terra Daily (.com)]Royal Dutch/Shell Group chairman Sir Mark Moody Stuart, Shell Oil chairman Steven Miller, and two other officials from those firms meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). In November 2005, Shell Oil president John Hofmeister will claim that no one from Shell ever met with the task force (see November 16, 2005). [Washington Post, 11/16/2005]
Vice President Cheney meets with Enron CEO Kenneth Lay as part of Cheney’s secretive energy task force (the National Energy Policy Development Group—see May 16, 2001). Though Cheney may not know it, Enron is on the verge of collapse, with liabilities far outweighing assets and heavily doctored earnings statements. Enron’s only income generation comes from the unregulated energy markets in California and other Western states (see January 23, 2001). Enron traders are gouging the California markets at an unprecedented pace; as authors Lou Dubose and Jake Bernstein later write, Enron is “taking power plants off-line to create shortages, booking transmission lines for current that never move[s], and shuttling electricity back and forth across state lines to circumvent price controls,” among a plethora of other illegal market manipulations.
Ignoring California's Energy Crisis - Unable to make a profit between buying Enron’s energy at staggering prices and then selling it at regulated rates, one of California’s two largest utility companies has filed for bankruptcy and the other has accepted a government bailout. California is in a calamitous energy crisis. Governor Gray Davis is pleading for rate caps that would help both utility companies and consumers. But price caps are the last thing Lay wants. Once in Cheney’s office, Lay gives Cheney a three-page memo outlining Enron’s recommendations for the administration’s national energy policy Cheney’s group is developing. Prominently featured in the memo is the following recommendation: “The administration should reject any attempt to deregulate wholesale power markets by adopting price caps.” Almost every recommendation in the Lay memo will find its way into the energy task force’s final report. Cheney may not know that Enron is in such dire financial straits, but he does know that energy prices in California have gone from $30 to $300 per megawatthour, with periodic jumps to as high as $1,500. He also knows that Enron’s profits in California, along with other power producers, have gone up 400% to 600%.
Price Caps in Spite of Lay, Cheney - Lay does not get his way; the Federal Energy Regulatory Commission will override Cheney’s arguments and impose price caps on energy traders working in California. The state’s energy prices are brought under control, Enron’s trading schemes—luridly given such sobriquets as “Death Star,” “Fat Boy,” and “Get Shorty”—are brought to an end, and Enron collapses six months later (see December 2, 2001). Cheney will have a measure of revenge by forcing one of Lay’s adversaries on FERC, Curtis Hebert, out of his position (see August 14, 2001).
Avoiding Scrutiny and Oversight - This meeting and others are cleverly designed to avoid legal government oversight. According to the Federal Advisory Committees Act (FACA), the energy task force should be subject to public accountability because private parties—in this case, oil and gas industry executives and lobbyists—are helping shape government policy. Cheney’s legal counsel, David Addington, devises a simple scheme to avoid oversight. When a group of corporate lobbyists come together to create policy, a government official is present. Suddenly, FACA does not apply, and the task force need not provide any information whatsoever to the public. Dubose and Bernstein will later write: “It was bold as [artist] Rene Magritte’s near-photographic representation of a pipe over the inscription ceci n’est pas une pipe—‘this is not a pipe.’ Fifteen oil industry lobbyists meet in the Executive Office Building and one midlevel bureaucrat from the Department of Energy steps into the room—and voila, ceci n’est pas une foule de lobbyists. Because one government employee sat in with every group of lobbyists, a committee of outside advisers was not a committee of outside advisers.” Between Addington’s bureaucratic end-around and Cheney’s chairmanship of the working group giving the entire business the cloak of executive privilege, little information gets out of the group. “The whole thing was designed so that the presence of a government employee at a meeting could keep the Congress out,” a Congressional staff lawyer later says. It also keeps the press at bay. [Dubose and Bernstein, 2006, pp. 3-4, 10]
Entity Tags: National Energy Policy Development Group, US Department of Energy, Richard (“Dick”) Cheney, Kenneth Lay, Jake Bernstein, Enron Corporation, David S. Addington, Curtis Hebert, Federal Energy Regulatory Commission, Gray Davis, Lou Dubose, Federal Advisory Committees Act
Timeline Tags: US Environmental Record
George Skelton, a reporter for the Los Angeles Times, gets an unexpected call asking if he wants to interview Vice President Cheney. Skelton thinks the call might be to lay some groundwork for the 2004 Bush-Cheney re-election campaign. But Cheney wants to talk energy. Skelton is happy to oblige: energy prices are out of control in California. Cheney doesn’t just want to talk energy, though, he wants to talk about how bad an idea price caps are (see April 17, 2001 and After). “Price caps provide short-term relief for politicians,” Cheney says, in an oblique swipe at California’s Democratic governor, Gray Davis. He continues, “But they do nothing to deal with the basic, fundamental problem.” Skelton asks if the administration will support temporary price caps to get California through the immediate crisis period, and Cheney replies: “Six months? Six years? Once politicians can no longer resist the temptation to go with price caps, they usually are unable to muster the courage to end them.… I don’t see that as a possibility.” Cheney goes on: “Frankly, California is looked on by many folks as a classic example of the kinds of problems that arise when you do use price caps.” What Skelton does not know is that Cheney is echoing the recommendations of Enron CEO Kenneth Lay, whose company is primarily responsible for the California energy crisis. [Dubose and Bernstein, 2006, pp. 4-5]
A National Security (NSA) linguist who only allows himself to be identified to the media as “J” warns his superiors at the agency that terrorists may be planning to hijack passenger planes to ram into buildings, and that security measures need to be implemented to prevent this. Instead, J is ordered to undergo psychiatric evaluation. (J was given similar treatment in another instance eight years before; see September 11, 1993). J will later claim that NSA officials dismissed his warnings, and instead labeled him as “obsessed” with the idea of a “kamikaze” threat because of time he had spent in Japan. In 2006, J will say that any time his analysis countered conventional wisdom, he was ordered to undergo psychiatric evaluations. He will eventually develop an irregular heartbeat due to the stress of anticipating further retaliatory, potentially career-damaging psychological evaluations. “I believe it was retaliation, but how do you prove that?” he will ask. J will spend his last decade at NSA with no promotion or raise, and will say that another linguist left the agency during that time out of disgust with what was happening. “Who was going to listen to us? Who could do anything anyway?” he asks in 2006. 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, 1/26/2006] It is not clear whether J’s warnings are related to the 33 other warnings picked up by NSA analysts during this same time period (see May-July 2001.)
Victoria “Torie” Clarke joins the Defense Department. She is a public relations specialist who served as press secretary for President George H. W. Bush’s 1992 re-election campaign, worked closely with Senator John McCain (R-AZ), and was an Assistant US Trade Representative during the first Bush’s presidency. In the private sector, she was president of Bozell Eskew Advertising, Vice President of the National Cable Telecommunications Association, and the Washington director for the PR firm of Hill & Knowlton, the firm so heavily involved in promoting and selling the 1991 Gulf War (see January 16, 1991 and After). She brings strong ideas to her new position about achieving what she calls “information dominance” in both the domestic and foreign “markets” (see February 2003). She directs what John Stauber, the executive director of the Center for Media and Democracy, calls the “twin towers of propaganda” for the Pentagon: “embedding news media with the troops, and embedding military propagandists into the TV media” (see April 20, 2008 and Early 2002 and Beyond). [Stennis Center for Public Service, 8/17/2007; New York Times, 4/20/2008; Bill Berkowitz, 5/10/2008]
According to a Gallup poll, 52 percent of Americans believe the federal government is “so large and powerful that it poses an immediate threat to the rights and freedoms of ordinary citizens.” [Roberts, 2008, pp. 35]
A portion of Salem Alhazmi’s New Jersey identification card.
[Source: 9/11 Commission] (click image to enlarge)The US introduces the “Visa Express” program in Saudi Arabia, which allows any Saudi Arabian to obtain a visa through his or her travel agent instead of appearing at a consulate in person. An official later states, “The issuing officer has no idea whether the person applying for the visa is actually the person in the documents and application.” [US News and World Report, 12/12/2001; US Congress, 9/20/2002] At the time, warnings of an attack against the US led by the Saudi Osama bin Laden are higher than they had ever been before—
“off the charts” as one senator later puts it. [Los Angeles Times, 5/18/2002; US Congress, 9/18/2002] A terrorism conference had recently concluded that Saudi Arabia was one of four top nationalities in al-Qaeda. [Star-Tribune (Minneapolis), 5/19/2002]
Suspect Travel Agency - Ten Saudi travel agency companies are allowed to issue US visas as part of the program. One company, Fursan Travel and Tourism, is a subsidiary of Al Rajhi Banking & Investment Corp., a multibillion Saudi banking conglomerate. Fursan is also the only one out of the ten deputized to handle the collection and initial processing of US visas. After 9/11, the CIA will suggest taking action against Al Rajhi for its suspected support of Islamist militancy, but the Bush Administration will decide not to do anything (see Mid-2003 and Mid-2003). It is believed that al-Qaeda and other militant groups advised their operatives to use Al Rajhi for their banking needs (see Before September 11, 2001). [Wall Street Journal, 10/13/2003]
Used by 9/11 Plotters - Five hijackers—Khalid Almihdhar, Abdulaziz Alomari, Salem Alhazmi, Saeed Alghamdi, and Fayez Ahmed Banihammad—use Visa Express over the next month to enter the US. [US Congress, 9/20/2002] Alomari has a bank account with Al Rajhi, but it is unknown if he or any of the other hijackers use Fursan, the Al Rajhi subsidiary, since the names of travel agencies do not appear on copies of the hijackers’ visa applications that are later made public. [Wall Street Journal, 10/13/2003] Even 9/11 mastermind Khalid Shaikh Mohammed will successfully get a US Visa through the “Visa Express” program in July (using a false name but real photograph), despite a posted $2 million reward for his capture. [Los Angeles Times, 1/27/2004]
Saudi Visas Almost Never Rejected - Only three percent of Saudi visa applicants are turned down by US consular officers in fiscal 2000 and 2001. In contrast, about 25 percent of US visa seekers worldwide are rejected. Acceptance is even more difficult for applicants from countries alleged to have ties to terrorism such as Iraq or Iran. [Washington Post, 10/31/2001] The widely criticized program is finally canceled in July 2002, after a public outcry. [Wall Street Journal, 10/13/2003]
National Energy Policy report. [Source: Climate Change Technology Program]Vice President Cheney’s National Energy Policy Development Group releases its energy plan. The plan, titled Reliable, Affordable, and Environmentally Sound Energy for America’s Future, warns that the quantity of oil imported per day will need to rise more than fifty percent to 16.7 million barrels by 2020. “A significant disruption in world oil supplies could adversely affect our economy and our ability to promote key foreign and economic policy objectives, regardless of the level of US dependence on oil imports,” the report explains. To meet the US’s rising demand for oil, the plan calls for expanded oil and gas drilling on public land and the easing of regulatory barriers to building nuclear power plants. [US President, 5/16/2001, pp. 8.5 ; Associated Press, 12/9/2002; Guardian, 1/23/2003]
Emphasis on Foreign Oil - The report places substantial emphasis on oil from the Persian Gulf region. Its chapter on “strengthening global alliances” states: “By any estimation, Middle East oil producers will remain central to world oil security. The Gulf will be a primary focus of US international energy policy.” [US President, 5/16/2001, pp. 8.5 ] But it also suggests that the US cannot depend exclusively on traditional sources of supply to provide the growing amount of oil that it needs and will have to obtain substantial supplies from new sources, such as the Caspian states, Russia, Africa, and the Atlantic Basin. Additionally, it notes that the US cannot rely on market forces alone to gain access to these added supplies, but will also require a significant effort on the part of government officials to overcome foreign resistance to the outward reach of American energy companies. [Japan Today, 4/30/2002]
Revamping of Clean Air Act - The plan also calls for a clarification of the New Source Review section of the Clean Air Act, which requires energy companies to install state-of-the-art emission control technology whenever it makes major modifications to its plants. The administration’s energy plan gives the Environmental Protection Agency 90 days to review NSR and determine whether it is discouraging companies from constructing or expanding power plants and refineries. It also instructs the attorney general to review current NSR litigation efforts against utility companies to determine whether those efforts are contributing to the country’s energy problems. “The outcome could determine whether the government drops some cases, approaches others more leniently, or even renegotiates settlements already reached,” the New York Times reports. [US President, 5/16/2001, pp. 8.5 ; New York Times, 5/18/2001]
Dodging the EPA - The representative of the Environmental Protection Agency (EPA) on the task force had blocked the recommendation of a technique called “hydraulic fracturing.” Sometimes called “fracking,” the technique, used to extract natural gas from the earth, often contaminates aquifers used for drinking water and irrigation. The recommendation was removed to placate the EPA official, then quietly reinserted into the final draft. Halliburton, Cheney’s former firm, is the US leader in the use of hydraulic fracturing. [Dubose and Bernstein, 2006, pp. 18]
Cheney Stayed Largely behind the Scenes - Much of the task force’s work was done by a six-member staff, led by executive director Andrew Lundquist, a former aide to senators Ted Stevens (R-AK) and Frank Murkowski (R-AK). Lundquist served as the Bush-Cheney campaign’s energy expert, earning the nickname “Light Bulb” from the president. Lundquist will leave the Bush administration and become a lobbyist for such firms as British Petroleum, Duke Energy, and the American Petroleum Institute. Much of the report is shaped by Lundquist and his colleagues, who in turn relied heavily on energy company executives and their lobbyists. For himself, Cheney did not meet openly with most of the participants, remaining largely behind the scenes. He did meet with Enron executive Kenneth Lay (see April 17, 2001 and After), with officials from Sandia National Laboratories to discuss their economic models of the energy industry, with energy industry consultants, and with selected Congressmen. Cheney also held meetings with oil executives such as British Petroleum’s John Browne that are not listed on the task force’s calendar. [Washington Post, 7/18/2007]
Controversial Meetings with Energy Executives - Both prior to and after the publication of this report, Cheney and other Task Force officials meet with executives from Enron and other energy companies, including one meeting a month and a half before Enron declares bankruptcy in December 2001 (see After January 20, 2001), Mid-February, 2001, March 21, 2001, March 22, 2001, April 12, 2001, and April 17, 2001). Two separate lawsuits are later filed to reveal details of how the government’s energy policy was formed and whether Enron or other players may have influenced it, but the courts will eventually allow the Bush administration to keep the documents secret (see May 10, 2005). [Associated Press, 12/9/2002]
Entity Tags: Kenneth Lay, Halliburton, Inc., Environmental Protection Agency, Enron Corporation, Andrew Lundquist, Bush administration (43), American Petroleum Institute, Richard (“Dick”) Cheney, British Petroleum, Duke Energy, John Browne
Timeline Tags: US Environmental Record, Complete 911 Timeline, Events Leading to Iraq Invasion, Peak Oil
Senator Dianne Feinstein (D-CA) calls for the Senate Committee on Governmental Affairs to hold hearings on a possible improper relationship between Enron and the Federal Energy Regulatory Commission (FERC). Her call for an investigation is prompted by media reports of Enron CEO Kenneth Lay pressuring FERC chairman Curtis Hebert to deregulate the energy industry in ways favorable to Enron (see August 14, 2001). Feinstein writes to Senator Joseph Lieberman (D-CT), the ranking member of the committee, “Despite evidence of manipulation and price gouging in both the electricity and natural gas markets in California and the West, and a finding by FERC last November of ‘unjust and unreasonable’ rates, the commission has failed to take the actions necessary to bring reliability and stability to the marketplace… [I]t is clear that the citizens of the United States, especially the people of California, who are suffering from FERC’s failure to do its job, deserve an investigation and full public hearing into what happened. FERC is a $175 million a year agency charged with regulating the energy industry, and it would be unconscionable if any of the nation’s electricity traders or generators were in a position to be able to determine who chairs or becomes a member of the commission.” Lay is accused of forcing Hebert from his position in favor of another, more Enron-friendly chairman, Pat Wood. Feinstein adds, “Since FERC has refused to fulfill its legally mandated function under the Federal Power Act to restore ‘just and reasonable’ electricity rates, we need to ask whether undue influence by the companies that FERC regulates has resulted in its failure to act… In California, the total cost of electricity in 1999 was $7 billion. This climbed to $28 billion in 2000 and is predicted to reach $70 billion this year. At the same time, with FERC refusing to act, power generators and marketers have made record profits. The people of our nation deserve a full investigation.” [US Senate, 5/25/2001]
Newly hired Defense Department public relations chief Victoria Clarke (see May 2001) begins a series of regular meetings with a number of Washington’s top private PR specialists and lobbyists. The group is tasked with developing a marketing plan for the upcoming war in Iraq. It is remarkably successful in securing press cooperation to spread its message (see August 13, 2003 and After May 31, 2001).
Bipartisan Makeup - Reporter Jeffrey St. Clair will later write, “The group was filled with heavy-hitters and was strikingly bipartisan in composition.” The group, later informally dubbed “the Rumsfeld Group,” is made up of, among others, PR executives John Rendon and Sheila Tate, Republican political consultant Rich Galen, and Democratic operative Tommy Boggs (brother of NPR’s Cokie Roberts and a PR consultant for the Saudi royal family; St. Clair believes Boggs may have had a hand in the decision to redact 20+ pages concerning the Saudis from Congress’s report on the intelligence failures leading to the 9/11 attacks—see April 2003 and August 1-3, 2003). The direct involvement, if any, of Defense Secretary Donald Rumsfeld is unclear.
Rendon's Involvement - John Rendon, the head of the Rendon Group, is a noteworthy veteran of the 1990-91 PR efforts to market the Gulf War (see August 11, 1990), has worked for both Democratic and Republican politicians and lobbying groups, and was instrumental in creating Ahmed Chalabi’s Iraqi National Congress (see May 1991). Rendon, already under contract with the Pentagon to help market the US bombing of Afghanistan, is one of the key players in marketing the upcoming Iraq invasion. Though Rendon refuses to discuss his work for the Pentagon, St. Clair believes he will be partially or completely responsible for some of the invasion’s signature events, including the toppling of the statue of Hussein in Firdos Square by US troops and Chalabi associates (see April 9, 2003), and video-friendly Iraqi crowds waving American flags as US Army vehicles roll by. Rendon explains his role like this: “I am not a national security strategist or a military tactician. I am a politician, and a person who uses communication to meet public policy or corporate policy objectives. In fact, I am an information warrior and a perception manager.” The Pentagon defines “perception management” as “actions to convey and/or deny selected information and indicators to foreign audiences to influence their emotions, motives, and objective reasoning.” St. Clair adds, “In other words, lying about the intentions of the US government.” One of the biggest instances of Pentagon “perception management” is the Office of Strategic Influence (see Shortly after September 11, 2001), also developed by Rendon. [CounterPunch, 8/13/2003]
Entity Tags: Tommy Boggs, Iraqi National Congress, Donald Rumsfeld, Bush administration (43), “The Rumsfeld Group”, Jeffrey St. Clair, Sheila Tate, John Rendon, US Department of Defense, Rich Galen, Victoria (“Torie”) Clarke, Office of Strategic Influence
Timeline Tags: Events Leading to Iraq Invasion
Vice President Cheney’s top aide, David Addington, begins attending meetings of the Cheney energy task force, further emphasizing the White House’s refusal to cooperate with the General Accounting Office (GAO—see April 19 - May 4, 2001, May 8, 2001, and May 16 - 17, 2001). White House lawyer Bradford Berenson, the legal liaison on the case, is puzzled by the White House’s refusal to cooperate. Most of the information about the task force has already come out in the media, particularly the fact that almost all of the task force’s meetings have been with fossil fuel and nuclear energy corporate executives. But the White House seems willing to weather the controversy in order to keep withholding information from the GAO. In 2007, author Charlie Savage will write, “The long-term payoff was an opportunity to establish a high principle of presidential power: Communications involving the office of the presidency should be secret, whatever a law passed by Congress and signed by some previous president might say.” Addington further enforces the doctrine during the regular morning meetings at the White House counsel’s office, even though he does not work for senior White House counsel Alberto Gonzales. [Savage, 2007, pp. 90-91]
According to the trade publication PR Week, the ad hoc government public relations organization dubbed “The Rumsfeld Group” (see Late May 2001) is quite successful at sending what the publication calls “messaging advice” to the Pentagon.
Marketing a Link between Iraq, Islamist Radicals - The group tells Pentagon PR chief Victoria Clarke and Defense Secretary Donald Rumsfeld that to get the American public’s support for the war on terror, and particularly the invasion of Iraq, they need to fix in the public mind a link between terror and nation-states, not just fluid and ad hoc groups such as al-Qaeda. Reporter Jeffrey St. Clair will write, “In other words, there needed to be a fixed target for the military campaigns, some distant place to drop cruise missiles and cluster bombs.” The Rumsfeld Group comes up with the idea of labeling Iraq and certain other nations “rogue states,” an idea already extant in Rumsfeld’s mind, and the genesis of the so-called “axis of evil” (see January 29, 2002 and After January 29, 2002).
Veterans of the Gulf War - The government allocates tens of millions of dollars, most of which is handed out to private public relations and media firms hired to spread the Bush administration’s message that Iraq’s Saddam Hussein must be taken out before he can use his arsenal of nuclear, chemical, and biological weapons on US targets. Many of the PR and media executives are old friends of senior Bush officials, and many had worked on selling the 1991 Gulf War to the public (see October 10, 1990).
Media Complicity Ensures Success - St. Clair will later note that while the PR efforts are, largely, failures with US allies, they are far more successful with the American population (see August 13, 2003). He will write: “A population traumatized by terror threats and shattered economy became easy prey for the saturation bombing of the Bush message that Iraq was a terrorist state linked to al-Qaeda that was only minutes away from launching attacks on America with weapons of mass destruction. Americans were the victims of an elaborate con job, pelted with a daily barrage of threat inflation, distortions, deceptions, and lies. Not about tactics or strategy or war plans. But about justifications for war. The lies were aimed not at confusing Saddam’s regime, but the American people.” St. Clair places as much blame on the “gullible [and] complicit press corps,” so easily managed by Clarke (see February 2003). “During the Vietnam war, TV images of maimed GIs and napalmed villages suburbanized opposition to the war and helped hasten the US withdrawal,” St. Clair writes. “The Bush gang meant to turn the Vietnam phenomenon on its head by using TV as a force to propel the US into a war that no one really wanted. What the Pentagon sought was a new kind of living room war, where instead of photos of mangled soldiers and dead Iraqi kids, they could control the images Americans viewed and to a large extent the content of the stories. By embedding reporters inside selected divisions, Clarke believed the Pentagon could count on the reporters to build relationships with the troops and to feel dependent on them for their own safety. It worked, naturally.” St. Clair notes the instance of one reporter on national television calling the US Army “our protectors,” and NBC’s David Bloom’s on-air admission that he is willing to do “anything and everything they can ask of us.” [CounterPunch, 8/13/2003]
The INS extends future 9/11 hijacker Nawaf Alhazmi’s permitted stay in the US, 11 months after he filed a late application to extend it (see July 12-27, 2000). The INS should not grant the extension due to the late filing, but does so anyway. It is unclear why it has taken 11 months to process the application. The approval retroactively extends Alhazmi’s stay for six months, from the date it originally expired until January 14, 2001. While his unlawful US presence after July 14, 2000 is retroactively legalized, Alhazmi’s presence after January 14, 2001 remains unlawful, and no other applications for extensions will be filed. [Immigration and Naturalization Service, 2002; INS email, 3/20/2002; Immigration and Naturalization Service, 5/26/2002; 9/11 Commission, 8/21/2004, pp. 12, 25 ] An INS report will note, “The application shouldn’t have been approved because it was filed 13 days late.” However, an official, whose name will be redacted, will write in an INS e-mail: “Per [redacted]. This is a common occurrence that is within the adjudicator’s discretion to forgive a late filing, if it is brief and the applicant has a good story.… How do you suppose the press may spin this, and more importantly, how will the INS defend itself?” [Immigration and Naturalization Service, 2002; INS email, 3/20/2002] Alhazmi never receives notification of the extension, as the notice will be returned as undeliverable on March 25, 2002. [9/11 Commission, 8/21/2004, pp. 25 ] His passport contains an indicator of Islamist extremism used to track terrorists by the Saudi authorities (see March 21, 1999). The 9/11 Commission will comment that this extension is “[y]et another opportunity to spot the suspicious indicator,” but US authorities fail to do so. [9/11 Commission, 8/21/2004, pp. 12 ] The precise state of US knowledge about the indicator at this time is unknown (see Around February 1993). The CIA will learn of it no later than 2003, but will still not inform immigration officials then (see February 14, 2003).
Judicial Watch logo. [Source: Judicial Watch]The conservative government watchdog organization Judicial Watch sends a letter to Vice President Dick Cheney demanding to see the records of his secret energy task force (see January 29, 2001 and May 16, 2001). Chris Farrell, the organization’s director of investigations and research, saw a May 2001 Newsweek article about the task force. Farrell later says he was struck by the similarities between Cheney’s energy task force and the 1994 health care task force chaired by then-First Lady Hillary Clinton. “The government can’t operate in secret,” Farrell will later say. “They are answerable to the people. There are appropriate times for secrecy on military and intelligence matters, but the notion that national policy on a matter like energy or health care can be developed in secret is offensive and counter to the Constitution.” Farrell, along with Judicial Watch chairman Larry Klayman and president Thomas Fitton, agreed that the task force violates core conservative principles, and made the decision to challenge Cheney’s office. Their letter notes that the rules governing the task force are clear: if the executive branch chooses to solicit outside advice while writing policy, then the Federal Advisory Committee Act (FACA) is triggered, requiring the government to make the details of those meetings public (the same argument made by the General Accounting Office—see May 8, 2001). “Judicial Watch respectfully requests that, in light of the questionable legal and ethical practices, negative publicity, and public outrage surrounding Hillary Rodham Clinton’s 1994 national health-care policy development group, you direct the [energy task force] to abide by the FACA. [Such openness] will instill public trust and confidence in the operations of the [task force] and insure that the national policy is formulated, discussed, and acted upon in a manner consistent with the best traditions of our Constitutional Republic.” [Savage, 2007, pp. 91-92] Cheney’s office will refuse the request (see July 5, 2001). In return, Judicial Watch will sue for the documents’ release (see July 14, 2001).
In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [Truthout (.org), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001]
David Addington, the chief counsel to Vice President Cheney, refuses to accept any more communications from the General Accounting Office (GAO) regarding the GAO’s attempt to learn about the doings of Cheney’s secret energy task force (see January 29, 2001 and May 16, 2001). Addington directs GAO officials to contact a lawyer at the Department of Justice with any further inquiries. [General Accounting Office, 8/25/2003 ]
David Addington, the chief counsel for Vice President Dick Cheney, writes a three-sentence letter to the government oversight organization Judicial Watch, rejecting its request for the records of Cheney’s secret energy task force (see June 25, 2001). Addington uses the same argument he used to reject the General Accounting Office’s request for records of the task force (see June 7, 2001): since open-government laws do not apply to the task force, in his opinion, there will be “no disclosure of the materials you requested.” Judicial Watch will file a lawsuit demanding the task force’s records be made available to the public (see July 14, 2001). [Savage, 2007, pp. 92]
The conservative government watchdog organization Judicial Watch files a lawsuit demanding the release of documents pertaining to Vice President Cheney’s energy task force (see January 29, 2001 and May 16, 2001). Judicial Watch had requested that Cheney voluntarily turn over the records, a request his office denied (see July 5, 2001). [Savage, 2007, pp. 92]
Department of Energy safety specialist Chris Steele reads a memo that alerts him to the existence of a secret nuclear waste dump at the Los Alamos nuclear facility. The waste is being stored in an unsecured, unprotected steel building on site, and has been on site for five years. A shocked Steele immediately shuts down the nuclear dump, forcing it to be relocated to protected areas. Steele notes that the existence of such a waste dump is a violation of the law and a serious threat to the health and safety of workers, the public, and the environment. Steele recalls that a wildfire burned part of the Los Alamos facility in May 2000; only the fact that the fire did not jump the road across from the waste dump saved it from going up in radioactive flames. [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
The General Accounting Office, repeatedly rebuffed by Vice President Cheney’s office in its attempt to secure information about Cheney’s secret energy task force (see May 8, 2001, May 10-17, 2001, May 16 - 17, 2001, June 7, 2001, June 21, 2001, and July 3, 2001), sends a letter written by its head, Comptroller General David Walker, to Cheney. Walker notes the repeated rebuffs from Cheney’s chief counsel, David Addington, and others in his office, and once again lays out his request for information regarding the task force’s participants, minutes of meetings, and other relevant information. When Walker follows up his letter with a phone call to Cheney on July 30, Cheney will fail to take the call. [General Accounting Office, 8/25/2003 ]
ABC reporter Ted Koppel asks Vice President Dick Cheney about meetings with his “pals” from the oil and energy industries (see January 29, 2001 and April 17, 2001 and After). Koppel is referring to the attempts by Congress to be given the names of the participants in Cheney’s energy task force meetings. Cheney says: “I think it’s going to have to be resolved in court, and I think that’s probably appropriate. I think, in fact, that this is the first time the GAO [Government Accountability Office] has ever issued a so-called demand letter to a president/vice president. I’m a duly elected constitutional officer. The idea that any member of Congress can demand from me a list of everybody I meet with and what they say strikes me as—as inappropriate, and not in keeping with the Constitution.” Authors Lou Dubose and Jake Bernstein will later write, “The vice president was deftly turning a request for records into a constitutional struggle between the legislative and executive branches.” Representative Henry Waxman (D-CA), who issued the original requests before turning them over to the GAO, will put his demands for information on hold because of the 9/11 attacks and the war in Afghanistan, but the case will indeed end up in court (see February 22, 2002). [Dubose and Bernstein, 2006, pp. 11-12]
The General Accounting Office (GAO)‘s chief, David Walker, backs down from his initial request for all pertinent documents and records of Vice President Cheney’s energy task force (see May 8, 2001). Instead, Walker modifies his request to ask for just the names of the lobbyists at the task force meetings, the dates of the meetings, the general topic(s) of discussion, and the cost of the meetings. Cheney will also refuse this request, and will escalate his rhetorical war against Walker and the GAO in defense of “executive privilege” (see July 26, 2001 and August 2, 2001). [General Accounting Office, 8/25/2003 ; Savage, 2007, pp. 92-93]
Vice President Cheney’s chief counsel, David Addington, responds to the General Accounting Office (GAO)‘s offer to scale back its request for information regarding Cheney’s energy task force (see July 31, 2001) with another blanket refusal. Addington again asserts that the GAO has no authority to make such a request (see June 7, 2001). [General Accounting Office, 8/25/2003 ]
Vice President Cheney sends a letter to Congressional leaders demanding that they order the General Accounting Office (GAO)‘s chief, David Walker, to immediately withdraw his request for records pertaining to Cheney’s secret energy task force (see July 18, 2001). Walker has already scaled back his initial request (see July 31, 2001), but Cheney asserts that even the limited information Walker is requesting would violate “the confidentiality of communications among a president, a vice president, the president’s other senior advisers, and others.” Cheney also rails against “actions undertaken by an agent of the Congress, the comptroller general [Walker], which exceeded his lawful authority and which if given effect, would unconstitutionally interfere with the functioning of the executive branch.” [Savage, 2007, pp. 93] The GAO notes that Cheney’s letter does not cite the specific information requested by the GAO, as required by law. [General Accounting Office, 8/25/2003 ]
Curtis Hebert of the FERC. [Source: PBS]Curtis Hebert is replaced by Pat Wood as the head of the Federal Energy Regulatory Commission (FERC). Hebert announced his resignation on August 6. [US Department of Energy, 12/2001] Hebert, a Clinton appointee who nevertheless is a conservative Republican, an ally of Senator Trent Lott (R-MS), and quite friendly towards the energy corporations, had been named to the FERC shortly before Clinton left office; Bush named him to chair the commission in January 2001. [Consortium News, 5/26/2006]
Replaced at Enron Request - Hebert is apparently replaced at the request of Enron CEO Kenneth Lay, who did not find Hebert responsive enough in doing Enron’s bidding. Hebert had just taken the position of FERC chairman in January when he received a phone call from Lay, in which Lay pressured him to back a faster pace in opening up access to the US electricity transmission grid to Enron and other corporations. (Lay later admits making the call, but will say that keeping or firing Hebert is the president’s decision, not his.) When Hebert did not move fast enough for Lay, he is replaced by Pat Wood, a close friend of both Lay and President Bush. [Guardian, 5/26/2001; Los Angeles Times, 12/11/2001] Lay apparently threatened Hebert with the loss of his job if he didn’t cooperate with Enron’s request for a more pro-Enron regulatory posture. [CNN, 1/14/2002]
Opposed Enron Consolidation Plan - Hebert was leery of Enron’s plan to force consolidation of the various state utilities into four huge regional transmission organizations (RTOs), a plan that would have given Enron and other energy traders far larger markets for their energy sales. Hebert, true to his conservative beliefs, is a states’ rights advocate who was uncomfortable with the plan to merge the state utilities into four federal entities. Lay told Hebert flatly that if he supported the transition to the RTOs, Lay would back him in retaining his position with FERC. Hebert told reporters that he was “offended” at the veiled threat, but knew that Lay could back up his pressure, having already demonstrated his influence over selecting Bush administration appointees by giving Bush officials a list of preferred candidates and personally interviewing at least one potential FERC nominee (see January 21, 2001). [PBS, 2/2/2002; Consortium News, 5/26/2006] According to Hebert, Lay told him that “he and Enron would like to support me as chairman, but we would have to agree on principles.” [Guardian, 5/26/2001] Hebert added to another reporter, “I think he would be a much bigger supporter of mine if I was willing to do what he wanted me to do.” Lay recently admitted to making such a list of preferred candidates: “I brought a list. We certainly presented a list, and I think that was by way of letter. As I recall I signed a letter which, in fact, had some recommendations as to people that we thought would be good commissioners.…I’m not sure I ever personally interviewed any of them but I think in fact there were conversations between at least some of them and some of my people from time to time.” [PBS, 2/2/2002]
Cheney Behind Ouster - Joe Garcia, a Florida energy regulator, says he was interviewed by Lay and other Enron officials. After Hebert made it clear to Lay that he wouldn’t go along with Lay’s plans to reorganize the nation’s utilities, Vice President Dick Cheney, who supervises the Bush administration’s energy policies (see May 16, 2001, began questioning Hebert’s fitness. [Guardian, 5/26/2001] Cheney said in May 2001, “Pat Wood has got to be the new chairman of FERC.” In private, Cheney said then that Hebert was out as chairman and Wood was in, though Hebert did not know at the time that his days were numbered. [PBS, 2/2/2002] “It just confirms what we believed and what we’ve been saying, that the Bush-Cheney energy plan is written by corporations and it’s in the interests of the corporations,” says the National Environmental Trust’s Kevin Curtis. [Guardian, 5/26/2001] Not only was Hebert not responsive enough to Lay’s pressure, but he had become a focus of criticism for his refusal to scrutinize Enron’s price gouging in the California energy deregulation debacle. Wood’s more moderate position helps ease the worries of other states themselves losing confidence in the Bush administration’s deregulation advocacy. [American Prospect, 1/2/2002]
Hebert Investigating Enron Schemes - And even more unsettling for Enron, Hebert was beginning to investigate Enron’s complicated derivative-financing procedures, an investigation that may have led to an untimely exposure of Enron’s financial exploitation of the US’s energy deregulation—exploitation that was going on under plans nicknamed, among other monikers, “Fat Boy,” “Death Star,” “Get Shorty,” all of which siphoned electricity away from areas that needed it most and being paid exorbitant fees for phantom transfers of energy supposedly to ease transmission-line congestion. [Consortium News, 5/26/2006] “One of our problems is that we do not have the expertise to truly unravel the complex arbitrage activities of a company like Enron,” Hebert recently told reporters. “We’re trying to do it now and we may have some results soon.” [Guardian, 5/26/2001] Instead, Hebert is forced out of FERC. Senator Dianne Feinstein (D-CA) called for an investigation into Enron’s improper influence of the FERC committee after the media revealed Lay’s phone call to Hebert in May 2001 (see May 25, 2001).
Entity Tags: National Environmental Trust, Trent Lott, Kevin Curtis, Pat Wood, Kenneth Lay, Federal Energy Regulatory Commission, George W. Bush, Curtis Hebert, Joe Garcia, Dianne Feinstein, William Jefferson (“Bill”) Clinton, Richard (“Dick”) Cheney, Enron Corporation
Timeline Tags: US Environmental Record
A chart of Bruce Ivins’s night hours in 2000 and 2001. [Source: FBI]After keeping relatively consistent work hours for most of 2001, from mid-August through October 2001, scientist Bruce Ivins spends much more time working in the evenings and on the weekends. Security logs show him sometimes working in the B3 biosecurity chamber where the RMR-1029 anthrax spores that investigators will later believe are used in the 2001 anthrax attacks are kept. Sometimes he works past midnight and when no other researchers are there. Ivins will be asked about this surge of after-hours work in 2005 (see March 31, 2005). He will tell investigators that he was working late to escape troubles at home. The FBI will later find this explanation unconvincing and will suggest Ivins put together the anthrax attacks during these hours. [Washington Post, 8/7/2008] A Guardian article will later skeptically note, “[O]ddly enough, Ivins’ late-night hours began to spike in August of that same year, well before the 9/11 attacks, when the rest of the world, including even George Bush, was largely oblivious to threats of Muslim extremist-inspired terror… But still, perhaps it’s just a coincidence that both Ivins and Bin Laden had [terrorism] in mind in August of that year…” [Guardian, 8/11/2008]
The General Accounting Office (GAO)‘s chief, Comptroller General David Walker, issues a report detailing the history of the GAO’s request for information regarding Vice President Cheney’s secret energy task force, and reiterating its request (see July 31, 2001). The report is sent to President Bush, Cheney, Congress, the attorney general, and the Office of Management and Budget (OMB). It reads in part: “In communications with the vice president’s counsel… we offered to eliminate our earlier request for minutes and notes and for the information presented by members of the public. Even though we are legally entitled to this information, as a matter of comity, we are scaling back the records we are requesting to exclude these two items of information.… The GAO as an institution, and the comptroller general as an officer of the legislative branch, assist the Congress in exercising its responsibilities under the Constitution to oversee, investigate, and legislate. In order to help members of Congress carry out their role and evaluate the process used to develop the National Energy Policy, GAO needs selected factual and non-deliberative records that the vice president, as chair of the NEPDG [National Energy Policy Development Group, the formal name for Cheney’s task force], or others representing the Group, are in a position to provide GAO. The records we are requesting will assist the review of how the NEPDG spent public funds, how it carried out its activities, and whether applicable law was followed.” [David Walker, 8/17/2001 ; National Review, 2/20/2002]
Dan Burton. [Source: US House of Representatives]Dan Burton (R-IN), the chairman of the House Government Reform Committee, releases edited transcripts of taped White House conversations between then-President Bill Clinton and Israel’s then-prime minister, Ehud Barak (see Late August, 2001). President Bush’s counsel Alberto Gonzales decided to break with decades of tradition in releasing private conversations between a former president and a head of state, and gave Burton the tapes as part of Burton’s investigation into Clinton’s last-minute pardon of Marc Rich, a commodities trader who had fled the US ahead of tax evasion and fraud charges. Burton and other conservatives have charged that Clinton pardoned Rich at the behest of Rich’s wife Denise, a Clinton presidential library contributor, possibly in return for the contributions, or even sexual favors. However, the tapes indicate that one reason Clinton pardoned Rich was a request made by Barak. On December 11, 2000, Barak said to Clinton, “One last remark. There is an American Jewish businessman living in Switzerland and makes a lot of philanthropic contributions to Israeli institutions and activities and education.” Rich had “violated certain rules of the game in the United States,” Barak said, and wanted Clinton to consider pardoning him. Clinton replied, “I know about that case because I know his ex-wife. If your ex-wife wants to help you, that’s good.” Barak asked Clinton again on January 8, 2001, when Clinton called Rich’s case “bizarre” and said, “It’s best that we not say much about that.” In a third conversation, which took place just days before Clinton left office, Clinton said that such a pardon has “almost no precedent in American history,” and told Barak that he was pondering whether or not to allow Rich to return to the US if pardoned. [New York Times, 8/21/2001; Salon, 2/7/2002; Dean, 2004, pp. 85-86] Clinton, angered by the selective editing of the transcripts in an apparent effort to mischaracterize the Rich pardon, will request that all of the relevant portions of the transcripts be released; the White House will refuse and classify the rest of the transcripts (see Late August, 2001).
Scientist Steven Hatfill, a future suspect in the October 2001 anthrax attacks (see October 5-November 21, 2001), loses his high-level Department of Defense security clearance. He had apparently misrepresented some things on his resume. He is working at a private company at this time (see 2000-2002), but no explanation is given to his employers. He is allegedly visibly angry over this. Some colleagues will later report suspicions about him to the FBI, thinking that his anger might have led him to send off the anthrax-laced letters. [Baltimore Sun, 7/18/2002; ABC News, 8/11/2002]
The rising demand for President Bush to make good on his stated intention to withdraw the United States from the 1972 ABM treaty with Russia (see May 26, 1972, August 3, 2000, May 1, 2001, and June 2001) alarms Yale law professor Bruce Ackerman. Ackerman, a constitutional law expert, writes that Bush lacks the authority to make such a decision. “Presidents don’t have the power to enter into treaties unilaterally,” he writes. “This requires the consent of two-thirds of the Senate, and once a treaty enters into force, the Constitution makes it part of the ‘supreme law of the land’—just like a statute. Presidents can’t terminate statutes they don’t like. They must persuade both houses of Congress to join in a repeal. Should the termination of treaties operate any differently?” Ackerman cites several historical instances, the most recent in 1978, when then-President Carter pulled the US out of a treaty with Taiwan, and was challenged unsuccessfully in a lawsuit that was dismissed by the Supreme Court. “[T]he court did not endorse the doctrine of presidential unilateralism,” Ackerman notes, but felt the issue should be resolved “by the executive and legislative branches.” Congress should not allow Bush to withdraw from the treaty, Ackerman writes. “If President Bush is allowed to terminate the ABM treaty, what is to stop future presidents from unilaterally taking America out of NATO or the United Nations?” he asks. “The question is not whether such steps are wise, but how democratically they should be taken. America does not enter into treaties lightly. They are solemn commitments made after wide-ranging democratic debate. Unilateral action by the president does not measure up to this standard.” Instead, he recommends: “Congress should proceed with a joint resolution declaring that Mr. Bush cannot terminate treaty obligations on his own. And if the president proceeds unilaterally, Congress should take further steps to defend its role in foreign policy.” [New York Times, 8/29/2001; Savage, 2007, pp. 140]
Marc Rich. [Source: Huffington Post]Former president Bill Clinton reacts angrily to edited transcripts of private conversations with former Israeli prime minister Ehud Barak, in which Barak requested that Clinton pardon fugitive American financier Marc Rich (see August 21, 2001 and Early September, 2001). The transcripts were edited and released to the public by House Government Reform Committee chairman Dan Burton (R-IN) as part of his investigation into whether Clinton acted improperly in pardoning Rich. After reading the transcripts, Clinton thinks that Burton has selectively edited them, and giving a false impression of the nature and content of the conversations between himself and Barak. Clinton asks the White House, which had provided Burton with copies of the tapes of the conversations, to release all of the relevant portions of the transcripts, which he says will portray the conversations in a different light. But the White House refuses, saying the remaining portions of the transcripts are now classified. [Dean, 2004, pp. 85-86]
'Hating Bill Clinton' - The classification of the documents is quite sudden. Earlier in the month, a White House spokesperson said that the release of the Clinton-Barak transcripts was nothing more than part of their efforts to make more information available to Congress. “The excerpts were not classified,” the spokesperson said. “The decision to make the documents available was entirely consistent with past practice. You don’t just slap Top Secret on a whole document.” However, some observers dispute this. “Given the secrecy that the Bush-Cheney administration has pursued, it’s inconceivable that they would turn this information over if it affected President Bush,” says Phil Schiliro, the Democratic staff director for the House Government Reform Committee, which is trying in vain to secure information from the White House about the Cheney Energy Task Force. Lynne Weil, the press secretary for the Senate Foreign Relations Committee, calls the sudden decision to classify the previously unclassified transcripts “highly unusual.” She adds, “People who have worked for the Foreign Relations Committee for years can’t recall the last time such a thing happened.” The National Security Archives’s Tom Blanton welcomed the original disclosure of the conversations, but says it came not from a sudden desire for transparency from the Bush administration, but from a desire to smear Clinton. The Bush administration passionately believes in secrecy, a belief rooted in its collective ideology, says Blanton. When asked why that same ideological concern didn’t extend to the Clinton-Barak transcripts, Blanton replies that the question ignores “a rather more focused version of that ideology that’s about hating Bill Clinton.”
Violation of Procedure - Typically, the Bush administration turns down requests such as Burton’s for private presidential conversations. However, White House counsel Alberto Gonzales decided to turn them over. At that point, Clinton could have attempted to block the release of the transcripts by invoking executive privilege, a move that may have cast him in a poor light politically. But the events as carried out by Burton and the White House—breaking with precedent to release potentially embarrassing transcripts, edit those transcripts to make their contents appear more damning than they actually are, then retroactively classify the remainder of the transcripts—is highly unusual. [Salon, 2/7/2002; Dean, 2004, pp. 85-86]
Entity Tags: Energy Task Force, Ehud Barak, Bush administration (43), Alberto R. Gonzales, William Jefferson (“Bill”) Clinton, Tom Blanton, National Security Archives, Phil Schiliro, Senate Foreign Relations Committee, Marc Rich, House Committee on Government Reform, Lynne Weil, Dan Burton
Timeline Tags: Civil Liberties
Dan Burton (R-IN), the chairman of the House Government Reform Committee, asks for more than twelve sets of internal Justice Department documents that detail purported fund-raising abuses by the 1996 presidential campaign of Bill Clinton and Al Gore. Burton also wants documents relating to the FBI’s use of mob informants by its Boston office, where evidence indicates that the office literally let the informants get away with murder and suppressed evidence that allowed an innocent man to go to prison. Burton’s request causes a dilemma for the White House. On the one hand, President Bush and Vice President Cheney have given explicit instructions for staffers to resist such calls for information. On the other hand, when Burton had delved into the questions surrounding Clinton’s last-minute pardons, Bush had already given him unprecedented access to Clinton’s private conversations (see August 21, 2001). Burton immediately released edited transcripts of the tapes (see August 21, 2001). The administration ponders whether or not to release the documents, and in the process perhaps further impugn Clinton, or to refuse, preserving their standard of executive privilege. It will eventually come down on the side of secrecy (see December 13, 2001). [Dean, 2004, pp. 85-86]
Entity Tags: William Jefferson (“Bill”) Clinton, Richard (“Dick”) Cheney, US Department of Justice, Ehud Barak, Albert Arnold (“Al”) Gore, Jr., Bush administration (43), Dan Burton, George W. Bush, Federal Bureau of Investigation, House Committee on Government Reform
Timeline Tags: Civil Liberties
Patrick Philbin. [Source: Daylife (.com)]Patrick Philbin joins the Justice Department’s Office of Legal Counsel (OLC). Philbin is an old friend and colleague of the OLC’s John Yoo; both graduated from Yale and both clerked for Judge Laurence Silberman and Supreme Court Justice Clarence Thomas. Philbin has no experience in the legalities surrounding national security issues; he spent the 1990s working for a corporate law firm helping telecommunications companies sue the Federal Communications Commission. Philbin joins the OLC with the expectation of working solely with administrative law. But after the 9/11 attacks, he will be asked to help Yoo handle the unexpected raft of national security issues. His first real work in the area of national security will be his finding (see November 6, 2001) that the president has untrammeled power to order the establishment of military commissions (see Late October 2001 and November 13, 2001). [Savage, 2007, pp. 136]
Robert Mueller assumes the job of FBI Director. He had been nominated for the job in July 2001 after Louis Freeh’s unexpected and sudden resignation (see May 1, 2001). Thomas Pickard was interim director for three months. Mueller held a variety of jobs in the Justice Department for over a decade prior to his nomination. Most notably, he led Justice Department investigations into the 1991 collapse of the Bank of Credit and Commerce International (BCCI) (see July 5, 1991) and the 1988 bombing of Pan-Am Flight 103 over Lockerbie, Scotland. [BBC, 7/5/2001; CNN, 9/5/2001] Mueller was heavily criticized for his role in the BCCI investigation (see February 1988-December 1992). For instance, a bipartisan Congressional BCCI investigation led by Senators John Kerry (D-MA) and Hank Brown (R-CO) stated, “Unfortunately, as time has passed it has become increasingly clear that the Justice Department did indeed make critical errors in its handling of BCCI… and moreover masked inactivity in prosecuting and investigating the bank by advising critics that matters pertaining to BCCI were ‘under investigation,’ when in fact they were not” and also “[hindered] other legitimate investigative efforts, and [failed] to admit that it had made any of these mistakes.” [US Congress, 12/1992] Mueller himself noted in 1991 that there was an “appearance of, one, foot-dragging; two, perhaps a cover-up,” but denied the cover-up claims. A Wall Street Journal editorial notes that “Even George W. Bush bumped up against the outer fringes of the BCCI crowd during his tenure with Harken Energy and in his friendship with Texas entrepreneur James Bath,” and opines, “On general principles, our view is that it would be a mistake to appoint as FBI head anyone who had any role in the failed BCCI probe. Too many important questions remain unanswered…” [Wall Street Journal, 6/26/2001]
Vice President Cheney’s office responds to repeated requests by the General Accounting Office (GAO) for information about Cheney’s secret energy task force (see August 17, 2001) by sending it a list of the task force’s office support staff, and nothing more. The GAO now considers itself empowered by law to file a lawsuit seeking the requested information, and the next day will issue a statement to that effect. [General Accounting Office, 8/25/2003 ]
The FBI dramatically escalates its warrantless wiretaps of US citizens, most without the proper paperwork or oversight. The public will not learn of the FBI wiretapping program until October 2005, when classified documents will be made available to the Electronic Privacy Information Center (EPIC), an advocacy group that will sue the Justice Department for records relating to the Patriot Act. According to those documents, which are heavily redacted, the FBI conducts clandestine surveillance on some US residents for 18 months and even longer. The FBI will also internally investigate at least 287 violations of its use of secret surveillance against US citizens. One target will be kept under surveillance for over five years, including a 15-month stretch where the FBI fails to notify Justice Department lawyers after the subject moves from New York to Detroit. According to an FBI investigation, that delay is a violation of department guidelines and will prevent the department “from exercising its responsibility for oversight and approval of an ongoing foreign counterintelligence investigation of a US person.” Other cases involve agents obtaining e-mails after warrants expire, seizing bank records without authorization, and conducting improper “unconsented physical search(es).” EPIC’s general counsel, David Sobel, will say in October 2005 that the classified documents indicate possible misconduct by the FBI in counterintelligence investigations, and highlight the need for greater congressional oversight of clandestine surveillance within the United States. “We’re seeing what might be the tip of the iceberg at the FBI and across the intelligence community,” Sobel will say. “It indicates that the existing mechanisms do not appear adequate to prevent abuses or to ensure the public that abuses that are identified are treated seriously and remedied.” The FBI will counter by insisting that all of the infractions are minor, mostly what it calls administrative errors, and that any information obtained improperly is quarantined and eventually destroyed. One senior FBI official will say, “Every investigator wants to make sure that their investigation is handled appropriately, because they’re not going to be allowed to keep information that they didn’t have the proper authority to obtain. But that is a relatively uncommon occurrence. The vast majority of the potential [violations] reported have to do with administrative timelines and time frames for renewing orders.” Catherine Lotrionte, the counsel for the President’s Foreign Intelligence Advisory Board, which is tasked with overseeing the FBI’s domestic surveillance operations, will refuse to disclose any details of any of the FBI violations, saying most of its work is classified and covered by executive privilege. The surveillance operations are conducted under the aegis of the Foreign Intelligence Surveillance Act (see 1978), whose threshold for such surveillance is lower than for criminal warrants. In 2004 alone, over 1,700 new cases will be opened by the secret Foreign Intelligence Surveillance Court. [Washington Post, 10/24/2005] Though Bush officials eventually admit to beginning surveillance of US citizens after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).
After the 9/11 attacks, the Bush administration seizes the new opportunities to expand the power of the presidency that present themselves as part of the government’s response to the attacks (see (After 10:00 a.m.) September 11, 2001). The Bush-Cheney legal team, largely driven by Vice President Dick Cheney and his staff (see January 21, 2001), aggressively pushes for new opportunities to expand executive branch authorities.
'Bravado,' 'Close-Minded Group of Like-Minded People' - A senior White House official later tells author and reporter Charlie Savage of the “pervasive post-9/11 sense of masculine bravado and one-upmanship when it came to executive power.” In Savage’s words, and quoting the official, “a ‘closed group of like-minded people’ were almost in competition with one another, he said, to see who could offer the farthest-reaching claims of what a president could do. In contrast, those government lawyers who were perceived as less passionate about presidential power were derided as ‘soft’ and were often simply cut out of the process” (see also September 25, 2001).
Suspicion of Oversight - “The lawyers for the administration felt a tremendous amount of time pressure, and there was a lot of secrecy,” the official will say. “These things were being done in small groups. There was a great deal of suspicion of the people who normally act as a check inside the executive branch, such as the State Department, which had the reputation of being less aggressive on executive power. This process of faster, smaller groups fed on itself and built a dynamic of trying to show who was tougher on executive power.”
Addington and Yoo: Outsized Influence - While nominally the leaders of the White House legal team are Attorney General John Ashcroft and White House counsel Alberto Gonzales, neither has as much influence as lawyers and staffers ostensibly of lower rank than themselves. Ashcroft is a vociferous supporter of the administration’s anti-terrorism policies, but is not a member of Bush’s inner circle and sometimes disagrees with the White House’s legal moves. Neither Ashcroft nor Gonzales have prior experience dealing with the legal issues surrounding executive power and national security. Two of the driving forces behind the White House’s push for more presidential power are Cheney’s chief counsel, David Addington, and an obscure deputy in the Office of Legal Counsel (OLC), John Yoo. Because of a dispute between Ashcroft and the Bush inner circle over who should lead the OLC, there is no official chief of the OLC until November 2002, leaving Yoo and his fellows free to be as aggressive as they like on expanding presidential power and handling the war on terrorism. When the OLC chief, law professor Jay Bybee, finally arrives, he, like Ashcroft and Gonzales, finds himself hampered by his lack of knowledge of the law as it pertains to national security. Savage will later write, “When he finally started work, Bybee let deputies continue to spearhead the review of matters related to the war on terrorism.” Yoo is only a deputy assistant attorney general, but he has “signing power”—the ability to make his opinion legally binding—and is rarely reviewed by his peers because much of his work is classified. [Savage, 2007, pp. 76-78] As for Addington, Lawrence Wilkerson, the chief of staff for Secretary of State Colin Powell, will later say that he was the leader of the small but highly influential group of lawyers “who had these incredible theories and would stand behind their principles [Cheney, Bush, and others], whispering in their ears about these theories, telling them they have these powers, that the Constitution backs these powers, that these powers are ‘inherent’ and blessed by God and if they are not exercised, the nation will fall. He’d never crack a smile. His intensity and emotions and passion for these theories are extraordinary.” [Savage, 2007, pp. 84]
Congress explicitly refuses to grant the Bush administration the authority to conduct warrantless wiretaps and surveillance operations against US citizens in its resolution authorizing the use of military force (AUMF) against terrorists (see September 14-18, 2001). Tom Daschle (D-SD), the Senate Majority Leader, will write in December 2005 (after his ouster from Congress in November 2004) that the White House and the Justice Department will claim, falsely, that the AUMF grants the right for the NSA to conduct such a program (see Early 2002 and December 15, 2005). Instead, Daschle will write, the NSA merely usurps the authority, with the president’s approval, to conduct such an extralegal surveillance program (see December 21-22, 2005). [Washington Post, 12/22/2005]
Administration Efforts to Rewrite AUMF - In an op-ed for the Washington Post, Daschle will observe that the AUMF authorizes Bush “to use all necessary and appropriate force against those nations, organizations or persons” who “planned, authorized, committed or aided” the 9/11 attacks. But, Daschle will write, “Literally minutes before the Senate cast its vote, the administration sought to add the words ‘in the United States and’ after ‘appropriate force’ in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas—where we all understood he wanted authority to act—but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.”
No Vote for Domestic Surveillance - Daschle will also write that the White House attempted to add draft language to the AUMF resolution that would give the administration new and sweeping authority to use force to “deter and pre-empt any future acts of terrorism or aggression against the United States,” even against nations and organizations not responsible for the 9/11 attacks. Bush officials such as Vice President Dick Cheney will claim that the AUMF “granted authority by the Congress to use all means necessary to take on the terrorists, and that’s what we’ve done.” But Daschle will write that Cheney is mistaken. “As Senate majority leader at the time, I helped negotiate that law with the White House counsel’s office over two harried days. I can state categorically that the subject of warrantless wiretaps of American citizens never came up. I did not and never would have supported giving authority to the president for such wiretaps. I am also confident that the 98 senators who voted in favor of authorization of force against al-Qaeda did not believe that they were also voting for warrantless domestic surveillance.” On September 12, six days before the September 18 AUMF vote, Bush officials demand that Congress authorize the use of military force to, in their words, “deter and pre-empt any future acts of terrorism or aggression against the United States.” But Congress refuses, feeling that the request is “too broad and ill defined.” Instead, on September 14, Congress choses to use language that authorizes Bush to use “all necessary and appropriate force against those nations, organizations or persons [the president] determines planned, authorized, committed or aided” the 9/11 attacks. Daschle later writes, “With this language, Congress denied the president the more expansive authority he sought and insisted that his authority be used specifically against Osama bin Laden and al-Qaeda.… The shock and rage we all felt in the hours after the attack were still fresh. America was reeling from the first attack on our soil since Pearl Harbor. We suspected thousands had been killed, and many who worked in the World Trade Center and the Pentagon were not yet accounted for. Even so, a strong bipartisan majority could not agree to the administration’s request for an unprecedented grant of authority.” Instead, Daschle will write, the administration simply takes the authority anyway, and will argue in hindsight that the AUMF actually gives the administration the right to wiretap US citizens. However, Daschle will write, “at the time, the administration clearly felt they [didn’t have the authority] or it wouldn’t have tried to insert the additional language.”
Breeding 'Fear and Suspicion' - He concludes, “[T]here are right and wrong ways to defeat terrorists, and that is a distinction this administration has never seemed to accept. Instead of employing tactics that preserve Americans’ freedoms and inspire the faith and confidence of the American people, the White House seems to have chosen methods that can only breed fear and suspicion. If the stories in the media over the past week are accurate [detailing the breadth and apparent illegality of the NSA program], the president has exercised authority that I do not believe is granted to him in the Constitution, and that I know is not granted to him in the law that I helped negotiate with his counsel and that Congress approved in the days after Sept. 11. For that reason, the president should explain the specific legal justification for his authorization of these actions, Congress should fully investigate these actions and the president’s justification for them, and the administration should cooperate fully with that investigation. In the meantime, if the president believes the current legal architecture of our country is insufficient for the fight against terrorism, he should propose changes to our laws in the light of day. That is how a great democracy operates. And that is how this great democracy will defeat terrorism.” [Washington Post, 12/23/2005]
An illustration of the NIMD dataflow. [Source: LibertyThink.com] (click image to enlarge)Shortly after the 9/11 attacks, the NSA awards $64 million in research contracts for a program called Novel Intelligence from Massive Data (NIMD). [New York Times, 5/21/2003; National Journal, 1/20/2006] NIMD is one of several cutting-edge data mining technologies that not only has the capability of finding keywords among millions of electronically monitored communications, but can find hidden relationships among data points, and even critique the thinking and biases of a particular analyst and suggest alternative hypotheses differing from the human analysts’ conclusion. Like other data-mining technologies, the NSA will steadfastly refuse to discuss whether NIMD is used to analyze data from domestic surveillance operations. NIMD is designed as an preliminary sort program, to keep human analysts from becoming overwhelmed by raw data. In essence, NIMD is an early-warning system. “NIMD funds research to…help analysts deal with information-overload, detect early indicators of strategic surprise, and avoid analytic errors,” according to the “Call for 2005 Challenge Workshop Proposals” released by the Advanced Research and Development Activity (ARDA). ARDA was founded in 1998 to create, design, and field new technologies for US intelligence agencies, particularly the NSA. A selected few Congressional lawmakers (see January 18, 2006) were informed that the warrantless surveillance program authorized by President George W. Bush (see Early 2002) was designed to be an early-warning system for possible terrorist attacks or plans. Assistant Attorney General William Moschella will inform the top Democrats and Republicans on the House and Senate Intelligence committees in December 2002 that the “president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. He will justify the use of programs such as NIMD by claiming, as NSA director Michael Hayden and other administration officials have repeatedly claimed, that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” Many experts outside of the Bush administration feel that NIMD and other programs do not have to operate outside of the Foreign Intelligence Surveillance Act (FISA) because of limitations in the law, but because of the fact that the programs cannot meet the law’s minimum requirements for surveillance. FISA requires that any such surveillance must have a probable cause that the target is a terrorist. NIMD has no such threshold. Steven Aftergood, an expert on intelligence and government secrecy with the Federation of American Scientists, will say in 2006, “Logistically speaking, the early-warning approach may involve a significant increase in the number of surveillance actions. It may be that neither the Justice Department nor the [Foreign Intelligence Surveillance Court, which approves wiretapping warrants] is prepared to prepare and process several thousand additional FISA applications per year, beyond the 1,700 or so approved in 2004.” [National Journal, 1/20/2006] Some experts will later express the opinion that NIMD is the controversial Total Information Awareness program in a slightly different form (see February 2003 and September 2002).
Entity Tags: Senate Intelligence Committee, US Department of Justice, Total Information Awareness, William E. Moschella, Tom Armour, Novel Intelligence from Massive Data, Steven Aftergood, Michael Hayden, National Security Agency, Advanced Capabilities for Intelligence Analysis, Advanced Research and Development Activity, John Poindexter, Foreign Intelligence Surveillance Act, George W. Bush, Federation of American Scientists (FAS), House Intelligence Committee
Timeline Tags: Civil Liberties
Shortly after the 9/11 attacks, the NSA expands surveillance operations, relying on its own authorities; some sources indicate this includes a massive domestic data mining and call tracking program, and some contend that it is illegal. In a 2006 public briefing, NSA Director Michael Hayden will say, “In the days after 9/11, NSA was using its authorities and its judgment to appropriately respond to the most catastrophic attack on the homeland in the history of the nation.” Following an October 1 briefing by Hayden to the House Intelligence Committee, Representative Nancy Pelosi (D-CA) will write to Hayden on October 11, saying, “[Y]ou indicated that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance” (see October 11, 2001). Some evidence indicates NSA domestic surveillance began even before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
No Connection to Bush-Authorized Warrantless Domestic Call Monitoring - In his 2006 remarks, Hayden will clearly distinguish between the expansion he initiates under his own authorities, and the warrantless monitoring of calls with one end outside the US authorized later by President Bush (see October 4, 2001), saying, “[E]xcept that they involved NSA, these [Hayden-authorized] programs were not related… to the authorization that the president has recently spoken about.” [Michael Hayden, 1/23/2006]
'Stellar Wind' Is Name of Hayden-Authorized Program - In 2012 interviews, former NSA official William Binney will indicate that “Stellar Wind” is the name of the surveillance program initiated by Hayden. [Wired News, 2/15/2012; Democracy Now!, 4/20/2012] Some sources will refer to the Bush-authorized eavesdropping as being part of the Stellar Wind program. [Newsweek, 12/22/2008]
Differing Views on Authority for Surveillance - In his 2006 briefing, Hayden will say the Fourth Amendment only protects Americans against “unreasonable search and seizure,” and that 9/11 changed what was to be considered “reasonable.” Specifically, if communications are believed to have “[i]nherent foreign intelligence value,” interception of these communications is reasonable. In addition to referring to Hayden’s “view of [his] authorities” as “expansive,” Pelosi’s letter will give another indication that the NSA’s new standard is significantly broader than it was previously, stating, “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest.” Hayden will publicly clarify in 2006 that the authority for the NSA’s operational expansion exists under an Executive Order issued by President Reagan, saying, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” And, he will say, “I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities” (see October 1, 2001). In her October 11 letter, Pelosi will also write of having concerns about the program that haven’t been resolved due to restrictions on information-sharing with Congress imposed by Bush (see October 11, 2001). Binney, who pioneered the development of certain NSA data mining and surveillance technologies, will come to believe that what the NSA is doing is unconstitutional; he will first take his concerns to Congress (see Before October 31, 2001) and then resign on October 31 (see October 31, 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
Surveillance Involves Domestic Communications - In his 2006 remarks, Hayden will not say the NSA is only targeting foreign communications under his post-9/11 authorization. Rather, the context of his remarks will indicate he is referring to domestic communications. More specifically, Hayden will state: “If the US person information isn’t relevant, the data is suppressed. It’s a technical term we use; we call it ‘minimized.’ The individual is not even mentioned. Or if he or she is, he or she is referred to as ‘US Person Number One’ or ‘US Person Number Two.’ Now, inherent intelligence value. If the US person is actually the named terrorist, well, that could be a different matter.” Hayden will also reveal that information is being passed to the FBI, an investigative agency with a primarily domestic jurisdiction, saying, “[A]s another part of our adjustment, we also turned on the spigot of NSA reporting to FBI in, frankly, an unprecedented way.” [Michael Hayden, 1/23/2006] One of Pelosi’s statements in her letter to Hayden may indicate an aspect of the domestic component: “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest,” she will write. [Nancy Pelosi, 1/6/2006] In a 2011 interview with Jane Mayer published in the New Yorker, Binney will say the NSA was obtaining “billing records on US citizens” and “putting pen registers [call logs] on everyone in the country.” [New Yorker, 5/23/2011] And in a 2012 Wired article, NSA expert James Bamford will write that Binney “explains that the agency could have installed its tapping gear at the nation’s cable landing stations—the more than two dozen sites on the periphery of the US where fiber-optic cables come ashore. If it had taken that route, the NSA would have been able to limit its eavesdropping to just international communications, which at the time was all that was allowed under US law. Instead it chose to put the wiretapping rooms at key junction points throughout the country—large, windowless buildings known as switches—thus gaining access to not just international communications but also to most of the domestic traffic flowing through the US.” Binney’s account is supported by other sources (see October 2001). [Wired News, 2/15/2012]
Surveillance Program Is Massive - Bamford, citing Binney, will write: “Stellar Wind… included not just eavesdropping on domestic phone calls but the inspection of domestic email. At the outset the program recorded 320 million calls a day, he says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” It is unclear exactly when this level of surveillance began. According to whistleblower AT&T employee Mark Klein, construction of secret rooms splitting communications traffic does not begin until Fall 2002 (see Fall 2002). Bamford will write that Binney says, “[T]he taps in the secret rooms dotting the country are actually powered by highly sophisticated software programs that conduct ‘deep packet inspection,’ examining Internet traffic as it passes through the 10-gigabit-per-second cables at the speed of light.” [Wired News, 2/15/2012] Also, Binney’s remark to Jane Mayer that the NSA was “putting pen registers on everyone in the country” indicates the broad scope of the program. [New Yorker, 5/23/2011]
NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).
Carl Levin. [Source: Publicity photo]Air Force General Richard Myers is questioned about the US military’s response to the 9/11 attacks when he appears before the Senate Armed Services Committee for his confirmation hearing as chairman of the Joint Chiefs of Staff, but his answers are vague and confused, and he claims, incorrectly, that no fighter jets were scrambled in response to the hijackings until after the Pentagon was hit. [Shenon, 2008, pp. 119; Farmer, 2009, pp. 241-243] Myers has been the vice chairman of the Joint Chiefs of Staff since March 2000. [US Air Force, 9/2005] With General Henry Shelton, the chairman of the Joint Chiefs of Staff, flying toward Europe on the morning of September 11 (see (8:50 a.m.-10:00 a.m.) September 11, 2001), he served as the acting chairman of the Joint Chiefs of Staff during the 9/11 attacks. [Myers, 2009, pp. 10; Shelton, Levinson, and McConnell, 2010, pp. 431-433]
Myers Says Fighters Were Only Scrambled after the Pentagon Attack - During the hearing, Senator Carl Levin (D-MI) asks if the Department of Defense was contacted by “the FAA or the FBI or any other agency” after the first two hijacked aircraft crashed into the World Trade Center, at 8:46 a.m. and 9:03 a.m. (see 8:46 a.m. September 11, 2001 and 9:03 a.m. September 11, 2001), but before 9:37 a.m., when the Pentagon was hit (see 9:37 a.m. September 11, 2001). Myers replies, “I don’t know the answer to that question.” Levin then asks if the military was “asked to take action against any specific aircraft” during the attacks. Myers answers, “When it became clear what the threat was, we did scramble fighter aircraft, AWACS, radar aircraft, and tanker aircraft to begin to establish orbits in case other aircraft showed up in the FAA system that were hijacked.” Myers elaborates later in the hearing, telling Senator Bill Nelson (D-FL): “[A]fter the second tower was hit, I spoke to the commander of NORAD, General [Ralph] Eberhart (see (9:37 a.m.) September 11, 2001). And at that point, I think the decision was at that point to start launching aircraft.” But he tells Levin that “to the best of my knowledge,” the order to scramble fighters was only given “after the Pentagon was struck.”
Flight 93 Was Not Shot Down, Myers Says - Myers addresses the military’s response to Flight 93, the fourth hijacked plane, which crashed in a field in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He says: “[I]f my memory serves me… we had launched on the one that eventually crashed in Pennsylvania. I mean, we had gotten somebody close to it, as I recall.” However, he adds, “I’ll have to check that out.” When Levin mentions that there have been “statements that the aircraft that crashed in Pennsylvania was shot down,” Myers responds, “[T]he armed forces did not shoot down any aircraft.” He says, “[W]e never actually had to use force.” Although Myers appears unclear about when the North American Aerospace Defense Command (NORAD) launched fighters in response to the hijackings, he is more confident when he states: “At the time of the first impact on the World Trade Center, we stood up our Crisis Action Team. That was done immediately. So we stood it up. And we started talking to the federal agencies.” [US Congress, 9/13/2001]
NORAD and the 9/11 Commission Contradict Myers's Account - Myers’s claim that fighters were only launched in response to the hijackings after the Pentagon was hit will later be contradicted by the accounts of NORAD and the 9/11 Commission, which state that fighters were ordered to take off from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001) and from Langley Air Force Base in Virginia at 9:24 a.m. (see 9:24 a.m. September 11, 2001). [North American Aerospace Defense Command, 9/18/2001; 9/11 Commission, 7/24/2004, pp. 20, 27] The 9/11 Commission will also contradict Myers’s claim that the military launched fighters in response to Flight 93 and “had gotten somebody close to it.” “By the time the military learned about the flight,” the 9/11 Commission Report will state, “it had crashed.” [9/11 Commission, 7/24/2004, pp. 34]
Myers's Testimony Prompts Criticism in the Media - Journalist and author Philip Shenon will question why Myers, a veteran Air Force fighter pilot, would give such an inaccurate account of the military’s response to the 9/11 attacks during the hearing. “It seemed obvious that Myers, of all people at the Pentagon, would want to know—would demand to know—how jet fighters under NORAD’s control had responded on the morning of September 11 to the threat in the skies,” he will write. [US Congress, 9/13/2001; Shenon, 2008, pp. 119] John Farmer, the senior counsel to the 9/11 Commission, will comment that “Myers’s evident confusion about precisely what had occurred prompted criticism in the media and a quick, if contradictory, response from the administration.” [Farmer, 2009, pp. 243] Major General Paul Weaver, director of the Air National Guard, will provide a more detailed account of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon on September 14 (see September 14, 2001). [Dallas Morning News, 9/14/2001] And four days later, NORAD will release a timeline of its response to the hijackings (see September 18, 2001). [North American Aerospace Defense Command, 9/18/2001]
Officials admit that two planes were near Flight 93 when it crashed, which matches numerous eyewitness accounts. For example, local man Dennis Decker says that immediately after hearing an explosion, “We looked up, we saw a midsized jet flying low and fast. It appeared to make a loop or part of a circle, and then it turned fast and headed out. If you were here to see it, you’d have no doubt. It was a jet plane, and it had to be flying real close when that 757 went down… If I was the FBI, I’d find out who was driving that plane.” [Bergen Record, 9/14/2001] Later the same day, the military says it can “neither confirm nor deny” the nearby planes. [Pittsburgh Tribune-Review, 9/14/2001] Two days later, they claim there were two planes near, but that they were a military cargo plane and business jet, and neither had anything to do with the crash. [Pittsburgh Post-Gazette, 9/16/2001] Supposedly, the business jet was requested to fly low over the crash site to help rescuers find the crash site, 25 minutes after all aircraft in the US had been ordered to land. However, the story appears physically impossible since the FBI says this jet was at 37,000 feet and asked to descend to 5,000 feet. [Pittsburgh Channel, 9/15/2001] That would have taken many minutes for that kind of plane, and witnesses report seeing the plane flying very low even before the crash. [Bergen Record, 9/14/2001] Another explanation of a farmer’s plane 45 minutes later is put forth, but that also does not fit the time at all. [Pittsburgh Channel, 9/15/2001] Deputy Defense Secretary Paul Wolfowitz states: “We responded awfully quickly, I might say, on Tuesday [9/11], and, in fact, we were already tracking in on that plane that crashed in Pennsylvania. I think it was the heroism of the passengers on board that brought it down. But the Air Force was in a position to do so if we had had to.” [NewsHour with Jim Lehrer, 9/14/2001] The next day, Maj. Gen. Paul Weaver, the director of the Air National Guard denies that any plane was scrambled after Flight 93. [Seattle Times, 9/16/2001] That in turn contradicts what Vice President Cheney will say later. [Washington Post, 1/27/2002]
A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]
Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington
Timeline Tags: Civil Liberties
Bruce Ivins playing keyboards in a Celtic band. [Source: New York Times]Future anthrax attacks suspect Bruce Ivins expresses anger at the 9/11 attacks in e-mails.
First E-mail - On September 15, 2001, he writes in an e-mail to a friend: “I am incredibly sad and angry at what happened, now that it has sunk in. Sad for all the victims, their families, their friends. And angry. Very angry. Angry at those who did this, who support them, who coddle them, and who excuse them.”
Second E-mail - Ivins has been receiving psychological help since 2000, and in an e-mail on September 26, he makes reference to a group counseling session: “Of the people in my ‘group,’ everyone but me is in the depression/sadness/flight mode for stress. I’m really the only scary one in the group. Others are talking about how sad they are or scared they are, but my reaction to the WTC/Pentagon events is far different. Of course, I don’t talk about how I really feel with them—it would just make them worse. Seeing how differently I reacted than they did to the recent events makes me really think about myself a lot. I just heard tonight that bin Laden terrorists for sure have anthrax and sarin gas.” He also says in the same e-mail, “Osama bin Laden has just decreed death to all Jews and all Americans.”
Similar Wording with Anthrax Letters - The FBI will later consider this e-mail evidence that Ivins was behind the 2001 anthrax attacks (see October 5-November 21, 2001), even though feelings of anger after 9/11 were hardly unusual. The FBI will note the similarity of that last sentence and the text in anthrax letters sent around September 18 and October 9 that say “DEATH TO AMERICA” and “DEATH TO ISRAEL” (see September 17-18, 2001 and October 6-9, 2001). [Frederick News-Post, 8/7/2008]
Newspaper Reference - Ivins’s e-mail appears to at least partially be in reference to a newspaper article that day in the Washington Times. The article reports, “Intelligence officials say classified analysis of the types of chemicals and toxins sought by al-Qaeda indicate the group probably is trying to produce the nerve agent sarin, or biological weapons made up of anthrax spores.” [Washington Times, 9/26/2001]
Common Phrasing - In 2008, Salon columnist Glenn Greenwald will note that “‘Death to America’ and ‘Death to Israel’ were hardly some exotic or unique phrases the use of which by both Ivins and the anthrax attacker would constitute anything incriminating. To the contrary, those phrases were very common, and routinely appeared in press reports, particularly around the time of 9/11, for obvious reasons…” He will note that both exact phrases appeared in newspapers at the time, including mentions in the Chicago Tribune and Washington Post on September 27, one day after Ivins’s second e-mail. Greenwald will add: “[I]f anything is true, it’s that attributing to Islamic radicals the phrases ‘Death to America’ and ‘Death to Israel’ was a cliché, not some unique rhetorical fingerprint marking Ivins as the author of the anthrax letters. That’s almost certainly why the anthrax attacker invoked those images in the letters—because they were such common fears among Americans in the wake of 9/11.” [Salon, 8/6/2008]
The Federal Aviation Administration (FAA) produces a chronology of the events of September 11, which it uses when it briefs the White House today, but the document fails to mention when NORAD’s Northeast Air Defense Sector (NEADS) was alerted to two of the hijacked planes. The FAA’s chronology, titled “Summary of Air Traffic Hijack Events,” incorporates “information contained in the NEADS logs, which had been forwarded, and on transcripts obtained from the FAA’s Cleveland Center, among others,” according to John Farmer, the senior counsel to the 9/11 Commission.
Document Includes Notification Times for First Two Hijacked Flights - The chronology refers “accurately to the times shown in NEADS logs for the initial notifications from FAA about the hijacking of American 11 and the possible hijacking of United 175,” according to the 9/11 Commission. It gives 8:40 a.m. as the time at which the FAA alerted NEADS to Flight 11, the first plane to be hijacked (see (8:37 a.m.) September 11, 2001), and 9:05 a.m. as the time when the FAA alerted NEADS to Flight 175, the second plane to be hijacked (see (9:03 a.m.) September 11, 2001). However, it makes no mention of when the FAA alerted NEADS to Flight 77 and Flight 93, the third and fourth planes to be hijacked. The FAA’s omission of these two notification times is “suspicious,” according to the 9/11 Commission, “because these are the two flights where FAA’s notification to NEADS was significantly delayed.”
Document Omits Notification Times for Flights 77 and 93 - The chronology, as Farmer will later point out, “makes no mention… of the notification to NEADS at 9:33 that American 77 was ‘lost’ (see 9:34 a.m. September 11, 2001) or of the notification to NEADS at 9:34 of an unidentified large plane six miles southwest of the White House (see 9:36 a.m. September 11, 2001), both of which are in the NEADS logs that the FAA reviewed” when it was putting together the timeline. It also fails to mention the call made by the FAA’s Cleveland Center to NEADS in which, at 10:07 a.m., the caller alerted NEADS to Flight 93 and said there was a “bomb on board” the plane (see 10:05 a.m.-10:08 a.m. September 11, 2001), even though this information was also “duly noted in the NEADS logs” that the FAA has reviewed.
Chronology Omits Other Key Information - The chronology, Farmer will write, reflects “a time at which the FAA was notified that the Otis [Air National Guard Base] fighters were scrambled” in response to the hijacking of Flight 11 (see 8:46 a.m. September 11, 2001), but it gives “no account of the scramble of the fighters from Langley Air Force Base” (see 9:24 a.m. September 11, 2001). It also fails to mention the report that NEADS received after Flight 11 crashed, in which it was incorrectly told the plane was still airborne and heading toward Washington, DC (see 9:21 a.m. September 11, 2001). Despite lacking information about the times when the FAA alerted NEADS to Flights 77 and 93, the FAA’s chronology is one of the documents used to brief the White House about the 9/11 attacks today (see September 17, 2001).
Investigators Were Told to Determine Exact Notification Times - The chronology is the product of investigations that began promptly in response to the 9/11 attacks. According to senior FAA officials, FAA Administrator Jane Garvey and Deputy Administrator Monte Belger “instructed a group of FAA employees (an ‘after-action group’) to reconstruct the events of 9/11.” This group, according to the 9/11 Commission, “began its work immediately after 9/11 and reviewed tape recordings, transcripts, handwritten notes, logs, and other documents in an effort to create an FAA chronology of events.” The group, according to one witness, “was specifically asked to determine exactly when the FAA notified the military that each of the four planes had been hijacked,” and “[s]everal people worked on determining correct times for FAA notifications to the military.” [Federal Aviation Administration, 9/17/2001 ; 9/11 Commission, 7/29/2004; Farmer, 2009, pp. 245-247] NORAD will release a timeline of the events of September 11 and its response to the attacks a day after the FAA chronology is published (see September 18, 2001). [North American Aerospace Defense Command, 9/18/2001; 9/11 Commission, 7/29/2004]
The North American Aerospace Defense Command (NORAD) releases a chronology of the events of September 11 and its response to the terrorist attacks that day, but the accuracy of this account will later be challenged by the 9/11 Commission. [North American Aerospace Defense Command, 9/18/2001; 9/11 Commission, 7/24/2004, pp. 34; 9/11 Commission, 7/29/2004]
NORAD Learned of First Hijackings Too Late to Defend the WTC - The chronology provides the times at which NORAD’s Northeast Air Defense Sector (NEADS) was alerted to the hijackings and when fighter jets were scrambled in response to the hijackings. It states that the Federal Aviation Administration (FAA) notified NEADS about Flight 11, the first hijacked aircraft, at 8:40 a.m. In response, the order was given to scramble two F-15 fighters from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001), the same time that Flight 11 crashed into the World Trade Center (see 8:46 a.m. September 11, 2001), and the fighters were airborne at 8:52 a.m. (see 8:53 a.m. September 11, 2001). The FAA notified NEADS about Flight 175, the second hijacked aircraft, at 8:43 a.m., according to the chronology. When Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001), the chronology states, the Otis fighters were 71 miles away from New York.
Fighters Were Scrambled in Response to Flight 77 Hijacking - NEADS was alerted to Flight 77, the third hijacked aircraft, at 9:24 a.m., according to the chronology. In response, the order was given to scramble two F-16 fighters from Langley Air Force Base in Virginia (see 9:24 a.m. September 11, 2001) and these were airborne at 9:30 a.m. (see (9:25 a.m.-9:30 a.m.) September 11, 2001). But the F-16s were 105 miles from the Pentagon when it was hit at 9:37 a.m. (see 9:37 a.m. September 11, 2001). Regarding the fourth hijacked aircraft, Flight 93, the chronology gives “N/A” as the time the FAA alerted NEADS, but it also states that the FAA and NEADS discussed the flight on “a line of open communication.” At 10:03 a.m., when Flight 93 crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001), the chronology states, the F-16s launched from Langley Air Force Base in response to the hijacking of Flight 77 were “in place to protect DC.” [North American Aerospace Defense Command, 9/18/2001]
9/11 Commission Disputes NORAD's Account - The 9/11 Commission Report, released in 2004, will highlight what it says are inaccuracies in NORAD’s timeline of the events of September 11. It will state that NORAD’s claim that NEADS was alerted to Flight 77 at 9:24 a.m. was incorrect. The notice NEADS received at that time, according to the report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). “NEADS never received notice that American 77 was hijacked,” the report will state. “It was notified at 9:34 that American 77 was lost (see 9:34 a.m. September 11, 2001). Then, minutes later, NEADS was told that an unknown plane was six miles southwest of the White House” (see 9:36 a.m. September 11, 2001). The report will state that NORAD’s claim that the Langley fighters were scrambled in response to the notification about Flight 77 is also incorrect. Instead, it will state, the fighters were scrambled in response to the incorrect report that Flight 11 was still airborne and heading south. [9/11 Commission, 7/24/2004, pp. 34]
9/11 Commission Disputes NORAD's Account regarding Flights 175 and 93 - Furthermore, whereas NORAD’s chronology claims that NEADS discussed Flight 93 with the FAA on “a line of open communication,” the 9/11 Commission Report will state that NEADS “first received a call about United 93 from the military liaison at [the FAA’s] Cleveland Center at 10:07,” by which time the plane “had already crashed” (see 10:05 a.m.-10:08 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 30] And while NORAD states that the FAA notified NEADS about Flight 175 at 8:43 a.m., according to the report, the first notification came “in a phone call from [the FAA’s] New York Center to NEADS at 9:03” (see (9:03 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 23]
Military Has Been Slow to Provide Details of Its Response on September 11 - US military officials, according to the Washington Post, “have been slow to respond to press inquiries for a timeline that would establish the exact times that civil aviation authorities became aware of the hijackings, when US military commanders were notified, and when US fighter jets took to the air.” [Washington Post, 9/15/2001] On September 13, Air Force General Richard Myers was questioned about the military’s response to the 9/11 attacks before the Senate Armed Services Committee, but his answers were vague and confused (see September 13, 2001). [US Congress, 9/13/2001; Farmer, 2009, pp. 241-242] A day later, Major General Paul Weaver, director of the Air National Guard, provided reporters with details of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon (see September 14, 2001). [Dallas Morning News, 9/14/2001]
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