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A memo prepared for Colonel Brittain Mallow, the commander of the Army’s Criminal Investigation Task Force (CITF), documents objections raised by Mallow to the harsh interrogation methods—torture—being used at Guantanamo Bay. Mallow’s memo cites “unacceptable methods” involving “threats,” “discomfort,” and “sensory deprivation,” and provides guidance to CITF agents on permissible interrogation methods for use on detainees. Mallow instructs his unit not to take part in “any questionable” interrogation techniques at the prison. In 2008, the American Civil Liberties Union (ACLU) will observe, “The memo suggests that CITF expressed disapproval of abusive methods used at Guantanamo as far back as September 2002.” [American Civil Liberties Union, 5/14/2008]
Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]
Entity Tags: Porter J. Goss, Senate Intelligence Committee, Pat Roberts, Nancy Pelosi, John D. Rockefeller, Jane Harman, Central Intelligence Agency, George J. Tenet, House Intelligence Committee, Daniel Robert (“Bob”) Graham
Timeline Tags: Torture of US Captives, Complete 911 Timeline
Department of Energy (DOE) safety specialist Chris Steele, who shut down a hazardous, unsecured nuclear waste dump at the Los Alamos nuclear facility a year earlier (see July 18, 2001), is demoted from his position as the DOE’s chief safety official at Los Alamos after he overrules what he calls inept preparations against terrorist attacks. In October 2002, Steele receives a safety analysis report for a radioactive waste treatment facility at Los Alamos. The report estimates the chances of a “rogue” airliner crashing into the facility as being a million to one, even considering the events of September 11, 2001. It predicts that such a crash, deliberate or not, would cause hundreds of thousands of gallons of nuclear waste to catch fire. However, the report said, the roof sprinkler system would put out the flames. Steele points out that the sprinkler system would be destroyed in the crash: “That must be a magical sprinkler system, since it’s apparently able to rise up from the rubble, turn itself on and put out the flames. We should buy one of those for every nuclear plant in the country.” After Steele rejects the report, he is stripped of his security clearance and fired. He is accused of committing “serious security violations” by the National Nuclear Security Administration. [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
Vice President Cheney and his staff have become increasingly reliant on intelligence from Ahmed Chalabi and the Iraqi National Congress (INC—see Early 2003). Cheney’s senior aide John Hannah, the liaison between Cheney and the INC, has become increasingly invested in the exile group. “He relied on Ahmed Chalabi for insights and advice,” a Bush administration official will later recall. Cheney has himself become an increasingly vocal Chalabi advocate. At a meeting of President Bush’s National Security Council, the State Department and Pentagon officials argue over whether to increase funding to the INC. Cheney, a former NSC staffer will recall, “weighed in, in a really big way. He said, ‘We’re getting ready to go to war, and we’re nickel-and-diming the INC at a time when they’re providing us with unique intelligence on Iraqi WMD.’” The fact that no one else, particularly the CIA, could confirm anything the INC was providing was merely proof that the CIA was recklessly disregarding INC intelligence. The administration official will say that before long, “there was something of a willingness to give [INC- provided intelligence] greater weight” than that offered by the intelligence community. In return, Cheney’s aides tried to inject their intelligence into the CIA’s own conduits. One CIA analyst will recall that both Cheney and his chief of staff, Lewis Libby, “come out there loaded with crap from OSP [the Office of Special Plans—see September 2002], reams of information from Chalabi’s people” on both terrorism and WMD. One of the main channels into the CIA for Cheney and his staff is Alan Foley, the director of the CIA’s Nonproliferation Center. Cheney’s office inundates Foley with questions about Iraq’s nuclear weapons program, particularly about Iraq’s supposed attempts to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). At first, Foley attempts to push back by “stressing the implausibility of it,” a colleague of Foley’s will recall. But as Cheney and his aides keep pressing, Foley begins to give in. “He was bullied and intimidated,” one of his friends will recall. The pressure on Foley and other analysts is both relentless and hostile. One retired CIA analyst close to current analysts will recall: “It was done along the lines of: ‘What’s wrong with you bunch of assh_les? You don’t know what’s going on, you’re horribly biased, you’re a bunch of pinkos.’” A current analyst later explains, “It gets to the point where you just don’t want to fight it anymore.” [New Republic, 11/20/2003]
Entity Tags: Lewis (“Scooter”) Libby, Alan Foley, Ahmed Chalabi, Bush administration (43), John Hannah, Central Intelligence Agency, Office of Special Plans, Iraqi National Congress, National Security Council, Richard (“Dick”) Cheney
Timeline Tags: Events Leading to Iraq Invasion, US International Relations
As Vice President Cheney and his staff members pressure CIA analysts for the “proper” intelligence findings (see 2002-Early 2003), intelligence analysts grow increasingly resentful towards both Cheney and his staff. In fact, they see little difference between any of them. CIA analysts in particular see them as acting in concert under Cheney’s direction (see Fall 2002 and After). One former analyst will later recall, “When I heard complaints from people, it was, ‘Man, you wouldn’t believe this sh_t that [Lewis] Libby and [Douglas] Feith and [Paul] Wolfowitz do to us.’ They were all lumped together. I would hear them say, ‘G_ddamn, that f_cking John Hannah, you wouldn’t believe.’ And the next day it would be, ‘That f_cking Bill Luti’ (see September 2002). For all these guys, they’re interchangeable.” Another former analyst will later say: “They had power. Authority. They had the vice president behind them.… What Scooter [Libby] did, Cheney made possible. Feith, Wolfowitz—Cheney made it all possible. He’s the fulcrum. He’s the one.” [New Republic, 11/20/2003]
Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]
Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld
Timeline Tags: US International Relations
White House officials, in interviews with the New York Times, describe the administration’s strategy to convince the public, Congress, and US allies of the need to confront Iraq. They say the centerpiece of the strategy will be Bush’s September 11 speech at Ellis Island in New York Harbor, which they have been planning since at least June. (The speech will not actually make a case for confronting Iraq. Bush will first make his case to the nation in his October 7 speech (see February 20, 2001).) Explaining why the White House did not launch this effort in August when the administration’s plans came under intense criticism from a number of different quarters, White House Chief of Staff Andrew Card tells the New York Times, “From a marketing point of view, you don’t introduce new products in August.” Card is the founding member of the White House Iraq Group (see August 2002 and June 9, 2008), which was formed to “educate the public” on the alleged threat from Iraq. The officials also tell the Times that one of the administration’s goals is for Congress to pass a resolution approving the use of force in Iraq within the next four to five weeks. “In the end it will be difficult for someone to vote against it,” one administration official tells the Times. [New York Times, 9/7/2002] In 2007, author and reporter Charlie Savage will write: “The proposed hurry-up vote on the eve of the first election since 9/11 presented a win-win scenario for the White House: If Democrats voice caution or skepticism about the proposed war resolution (see October 11, 2002), then the GOP could portray them as weak on terrorism ahead of the election, and if Democrats supported the bill, then the Bush-Cheney administration would fortify its powers by eliminating even the suggestion that it might later need to ask for permission to launch any war against Iraq” (see August 2002). By mid-September, Republican Congressional candidates will make Iraq a central issue of their campaigns, proclaiming unwavering support for Bush and attacking their Democratic opponents. In New Mexico, Republican House candidate Mike Pence will say of his opponent, John Arthur Smith, who is still considering whether or not to support the invasion, “While Smith ‘reflects’ on the situation, the possibility of a mushroom cloud hovering over a US city (see September 4, 2002) remains.” In Minnesota, Republican Senate candidate Norm Coleman will attack Democratic incumbent Paul Wellstone for refusing to “stand with the president.” Similar tactics will be used in campaigns around the country. As a result, almost every Democrat facing re-election joins Republicans in supporting the war authorization. Savage will write, “Thus, even though the Founders wanted Congress to make the final decision about when the United States should go to war, lawmakers abdicated their responsibility and delegated their power to the president.” [USA Today, 10/13/2002; Savage, 2007, pp. 156-157]
The White House Iraq Group (WHIG—see August 2002) launches its Iraq marketing campaign with a blitz of the Sunday morning talk shows. Vice President Dick Cheney appears on NBC (see September 8, 2002 and September 8, 2002), Secretary of State Colin Powell on Fox (see September 8, 2002), Defense Secretary Donald Rumsfeld on CBS (see September 8, 2002), and National Security Adviser Condoleezza Rice on CNN (see September 8, 2002). Rice is the first to use the characterization, “We don’t want the smoking gun to be a mushroom cloud” (see September 4, 2002), but President Bush and his senior officials repeat the phrase over and over in the following days. Author Craig Unger will note “Cheney’s most Machiavellian flourish” in having all four officials cite “evidence” of Iraq’s nuclear program, suspicious aluminum tubes, and attribute the information to the New York Times. Cheney and the others are referring to a story by the Times’ Judith Miller and Michael Gordon (see September 8, 2002) that Iraq had tried “to buy thousands of specially designed aluminum tubes” that American experts believe could be used in centrifuges to enrich uranium for nuclear weapons. The story is attributed to “unnamed administration sources;” Miller and Gordon do not inform their readers that the story comes from Cheney’s office. In essence, Cheney planted disinformation in the New York Times, then cited the Times article to prove his contention. Gordon will later insist that he and Miller had to pry that story out of the administration, but Unger will note that it is hard to equate Gordon’s contention with four of the administration’s highest officials going on television simultaneously to spread the story and cite the Times article. Furthermore, because of the scheduling practices on the four networks, it appears that the four officials’ simultaneous appearances were arranged in advance. As the Times is the flagship newspaper of the US press, over 500 other newspapers and broadcast outlets pick up on the Times story and the officials’ appearances, giving the story tremendous visibility throughout the world. [Unger, 2007, pp. 252-254]
Entity Tags: George W. Bush, Condoleezza Rice, Colin Powell, CNN, CBS News, Craig Unger, Judith Miller, Donald Rumsfeld, Richard (“Dick”) Cheney, NBC News, New York Times, Michael Gordon, White House Iraq Group, Fox News
Timeline Tags: Events Leading to Iraq Invasion
Vice President Cheney continues to argue his case for war with Iraq, this time during an appearance on PBS’s “News Hour with Jim Lehrer.” “We know based on primarily intelligence reporting [that Saddam Hussein] is continuing to expand and improve his biological weapons capability both in terms of production and delivery systems; we know he is working once again on a nuclear program.” Cheney goes on to say that Congress would have to make a decision on whether to authorize an attack on Iraq without being able to see the evidence that Cheney says exists. To brief Congress—535 lawmakers—about such “highly classified” matters would invite leaks that would potentially compromise national security. Instead, lawmakers who do not sit on the respective intelligence committees will have to make their decisions based on the limited amount of information the White House chooses to share with them. [Savage, 2007, pp. 157, 357]
FBI translator Melek Can Dickerson and her husband Douglas Dickerson leave the country. Douglas, a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern countries, has been reassigned to Belgium to work on a NATO-related assignment. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005] The Dickersons had been recently subpoenaed in Sibel Edmonds’ lawsuit against the FBI (see June 2002) and are the subject of three separate investigations: one by the Air Force Office of Special Investigation, one by the Justice Department, and the third by the Senate Judiciary Committee. [Anti-War (.com), 8/22/2005] The FBI, under court order not to allow the couple to leave the country, requires that Douglas Dickerson swear under oath that he will return if requested by the court. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005]
Stuart Levey. [Source: US Treasury Department]On the first anniversary of the 9/11 attacks, the Saudi government announces that it is setting up a supervisory body to control Islamic charities accused of financing terrorism. The US government had been strongly pressuring them to do so. Saudi Interior Minister Prince Nayef bin Abdul-Aziz states, “We have established the Saudi Higher Authority for Relief and Charity Work… so all relief and charity work comes under its umbrella.” He says this will help “ensure the aid goes to the right people and for the right purposes,” adding, “We are also creating accurate systems and means… to guarantee a continuous followup of charities.” [Agence France-Presse, 9/11/2002] However, no such body is actually created, then or later. In July 2007, Stuart Levey, the top counterterrorism official at the Treasury Department, will say the Saudi government has failed to keep its promise to create such a body. “They are also not holding people responsible for sending money abroad for jihad. It just doesn’t happen.” The White House will respond with a generic statement saying that “the Saudis continue to be a strong partner in the War on Terror.” [Wall Street Journal, 7/26/2007]
Eleanor Hill. [Source: Reuters]The 9/11 Congressional Inquiry holds its first public hearing. The inquiry was formed in February 2002, but suffered months of delays. The day’s testimony focuses on intelligence warnings that should have led the government to believe airplanes could be used as bombs. [US Congress, 9/18/2002] However, the Washington Post reports, “lawmakers from both parties… [protest] the Bush administration’s lack of cooperation in the congressional inquiry into September 11 intelligence failures and [threaten] to renew efforts to establish an independent commission.” Eleanor Hill, the joint committee’s staff director, testifies that, “According to [CIA Director Tenet], the president’s knowledge of intelligence information relevant to this inquiry remains classified even when the substance of that intelligence information has been declassified.” She adds that “the American public has a compelling interest in this information and that public disclosure would not harm national security.” [Washington Post, 9/19/2002] Furthermore, the committee believes that “a particular al-Qaeda leader may have been instrumental in the attacks” and US intelligence has known about this person since 1995. Tenet “has declined to declassify the information we developed [about this person] on the grounds that it could compromise intelligence sources and methods and that this consideration supersedes the American public’s interest in this particular area.” [US Congress, 9/18/2002] A few days later, the New York Times reveals this leader to be Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks. [New York Times, 9/22/2002] An FBI spokesman says the FBI had offered “full cooperation” to the committee. A CIA official denies that the report is damning: “The committee acknowledges the hard work done by intelligence community, the successes it achieved…” [MSNBC, 9/18/2002]
Kristen Breitweiser. [Source: Hyungwon Kang/ Reuters]Two 9/11 victims’ relatives testify before the Congressional 9/11 inquiry. Kristen Breitweiser, whose husband Ronald died at the WTC, asks how the FBI was so quickly able to assemble information on the hijackers. She cites a New York Times article stating that agents descended on flight schools within hours of the attacks. “How did the FBI know where to go a few hours after the attacks?” she asks. “Were any of the hijackers already under surveillance?” [MSNBC, 9/18/2002] She adds, “Our intelligence agencies suffered an utter collapse in their duties and responsibilities leading up to and on September 11th. But their negligence does not stand alone. Agencies like the Port Authority, the City of NY, the FAA, the INS, the Secret Service, NORAD, the Air Force, and the airlines also failed our nation that morning.” [US Congress, 9/18/2002] Stephen Push states, “If the intelligence community had been doing its job, my wife, Lisa Raines, would be alive today.” He cites the government’s failure to place Khalid Almihdhar and Nawaf Alhazmi on a terrorist watch list until long after they were photographed meeting with alleged al-Qaeda operatives in Malaysia (see January 5-8, 2000 and Shortly After). [MSNBC, 9/18/2002]
Entity Tags: Stephen Push, US Secret Service, Port Authority of New York and New Jersey, US Department of the Air Force, Nawaf Alhazmi, Khalid Almihdhar, Kristen Breitweiser, Al-Qaeda, Federal Aviation Administration, Federal Bureau of Investigation, US Immigration and Naturalization Service, 9/11 Congressional Inquiry, City of New York, Lisa Raines
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
In the wake of damaging Congressional 9/11 inquiry revelations, President Bush reverses course and backs efforts by many lawmakers to form an independent commission to conduct a broader investigation than the current Congressional inquiry. Newsweek reports that Bush had virtually no choice. “There was a freight train coming down the tracks,” says one White House official. [Newsweek, 9/22/2002] But as one of the 9/11 victim’s relatives says, “It’s carefully crafted to make it look like a general endorsement but it actually says that the commission would look at everything except the intelligence failures.” [CBS News, 9/20/2002] Rather than look into such failures, Bush wants the commission to focus on areas like border security, visa issues, and the “role of Congress” in overseeing intelligence agencies. The White House also refuses to turn over documents showing what Bush knew before 9/11. [Newsweek, 9/22/2002]
National Public Radio (NPR) learns of the administration’s tough approach to what it calls a pattern of information leaks from Congress and government employees. The FBI is investigating a number of Congressmen who are suspected of leaking information about the administration’s Iraq policies to the press (regardless of the presumption that members of Congress have the right to reveal unclassified information as they see fit), but the administration wants more from the FBI than questioning legislators. The administration is pushing the FBI to administer lie detector tests to legislators and federal employees it suspects of talking to reporters. Defense Secretary Donald Rumsfeld wants to jail leakers who work for the government. And one of Rumsfeld’s analysts has suggested that police SWAT teams be sent to reporters’ homes to help find leakers. [Unger, 2007, pp. 256] By August 2002, the FBI also questioned nearly all senators and congresspeople making up the 9/11 Congressional Inquiry to uncover which one of them leaked information to the press (see August 2, 2002).
Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]
Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush
Timeline Tags: Torture of US Captives, Civil Liberties
In his weekly radio address, President Bush tells the nation: “The Iraqi regime possesses biological and chemical weapons, is rebuilding the facilities to make more, and, according to the British government, could launch a biological or chemical attack in as little as 45 minutes after the order is given. The regime has long-standing and continuing ties to terrorist groups, and there are al-Qaeda terrorists inside Iraq. This regime is seeking a nuclear bomb, and with fissile material could build one within a year.” Many Americans are shocked and frightened by Bush’s flat litany of assertions. What they do not know is that none of them are true. The CIA had reluctantly agreed to produce a National Intelligence Estimate (NIE) on Iraq less than three weeks before (see September 5, 2002); the result is an NIE packed with half-truths, exaggerations, and outright lies (see October 1, 2002). None of Bush’s statements are supported by hard intelligence, and all will later be disproven. [White House, 9/28/2002; Center for Public Integrity, 1/23/2008] In 2007, author Craig Unger will write that the conflict seems to have gotten personal with Bush. “There’s no doubt [Saddam Hussein’s] hatred is mainly directed against us,” Bush says during the address. “There’s no doubt he can’t stand us. After all, this is a guy that tried to kill my dad at one time.” [Unger, 2007, pp. 264]
In Nebraska, USDA inspectors discover that 550,000 bushels of soybeans have been contaminated with a small amount of leaves and stalks from corn plants genetically modified to produce a pig vaccine. [Washington Post, 11/14/2002; Inter Press Service, 6/9/2004] The soybeans were grown in a field that had previously been planted with the experimental pharma corn. The biofirm developing the corn, ProdiGene, neglected to remove volunteer corn plants that had sprouted up alongside the soybeans. [Washington Times, 12/30/2004] These soybeans were then harvested and shipped to a storage facility where they were mixed with 500,000 bushels of soybeans. Upon discovering the contamination, the USDA orders the company to purchase and destroy all the contaminated soybeans. In December, the company will agree to pay a $250,000 fine, plus an estimated $2.8 million to dispose of the soybeans. [Reuters, 12/9/2002] This is the second incident this season involving the contamination of conventional crops with ProdiGene’s GM corn (see September 2002).
Shabbir Khan, an executive for the Saudi conglomerate Tamimi Global Co, throws a lavish birthday party for KBR procurement manager Stephen Seamans at a Tamimi “party house” near Camp Arifjan, a Kuwaiti base near the border. Khan gives Seamans the use of a prostitute as one of his birthday presents. Driving Seamans back home, Khan offers Seamans $130,000 in kickbacks. Five days after the party, with Seamans and Khan driving the deal, KBR awards Tamimi a $14.4 million mess hall subcontract for the upcoming invasion of Iraq. This and other information about KBR war profiteering in Iraq comes from a federal investigation that will begin in late 2007 (see October 2006 and Beyond). [Chicago Tribune, 2/20/2008; Chicago Tribune, 2/21/2008]
The National Estimate on Intelligence (NIE) on Iraq (see October 1, 2002 and October 4, 2002) suffers from what CIA case officer and Iraq WMD specialist Valerie Plame Wilson will call “intellectual sloppiness.” In her 2007 book Fair Game, Plame Wilson will write that it was intellectually dishonest for the NIE authors to relegate the deep dissensions and counterarguments over the WMD claims to “footnotes in tiny type at the bottom of the” report. The footnotes are not “adequate pushback when building a case for something as serious as war,” she will write. “The CIA failed to demonstrate convincingly to the administration that there was a serious and sustained debate over this issue.” [Wilson, 2007, pp. 123]
The Army’s senior SERE psychologist, Lieutenant Colonel Morgan Banks, warns interrogators at Guantanamo against using SERE techniques in their questioning of detainees. The SERE program, which trains US soldiers to resist torture, has had its tactics “reverse-engineered” to be used against suspected terrorists (see December 2001, January 2002 and After, and July 2002). In an e-mail, Banks writes: “[T]he use of physical pressures brings with it a large number of potential negative side effects.… When individuals are gradually exposed to increasing levels of discomfort, it is more common for them to resist harder.… If individuals are put under enough discomfort, i.e. pain, they will eventually do whatever it takes to stop the pain. This will increase the amount of information they tell the interrogator, but it does not mean the information is accurate. In fact, it usually decreases the reliability of the information because the person will say whatever he believes will stop the pain.… Bottom line: the likelihood that the use of physical pressures will increase the delivery of accurate information from a detainee is very low. The likelihood that the use of physical pressures will increase the level of resistance in a detainee is very high.” [Huffington Post, 4/21/2009]
State Department officials, led by Undersecretary of State Jim Kelly, fly to Pyongyang, North Korea, and confront Kim Jong Il’s foreign ministry with evidence that North Korea is working on centrifuges for processing enriched uranium—a necessity for the production of nuclear weapons. The State officials are surprised when the North Koreans admit to owning such centrifuges. The new threat is not particularly imminent, as it takes years to process the amount of uranium needed for even a single atomic bomb, but the US officials are unsettled by the North Koreans’ ready admission. The North Koreans also have a supply of radioactive fuel rods from their nuclear power plant in Yongbyon; these rods could be processed into plutonium and then into atomic bombs in a matter of months. Under the so-called “Agreed Framework” (see October 21, 1994), an agreement brokered by the Clinton administration and negotiated by former President Jimmy Carter, those fuel rods are locked in a storage facility and monitored by international weapons inspectors. Unfortunately, after the US and North Korea match each other in threats and belligerence, North Korea will throw out the weapons inspectors, open the storage facility, and begin reprocessing them into bomb-grade plutonium. Instead of careful negotiations and diplomacy, the US in essence goads the volatile North Koreans into breaking the agreement and restarting their nuclear weapons program (see October 27, 2002). [Washington Monthly, 5/2004] One administration official will later call the negotiating tactics “no carrot, no stick, and no talk.” Author J. Peter Scoblic will later term the negotiating failure “catastrophic,” noting that by 2006 the North Koreans will not only have produced enough plutonium for 10 nuclear weapons, they will have tested one. Scoblic will write: “Often frustrated by their failures, their inability to rid the world of evil (see December 19, 2003), Bush officials assuaged their moral sensibilities by ‘calling evil by its name.’ Conservatives, who were fond of deriding treaties as mere pieces of paper, had actually opted for an even less forceful alternative: taunting.” [Scoblic, 2008, pp. 234]
CIA Director George Tenet sends a letter to Senator Bob Graham (D-FL), the chairman of the Senate Intelligence Committee. In the letter, Tenet acknowledges declassifying some “material available to further the Senate’s forthcoming open debate on a joint resolution concerning Iraq” (see October 7, 2002). Tenet says that the declassified information supports the following contentions:
“Our understanding of the relationship between Iraq and al-Qaeda is evolving and is based on sources of varying reliability. Some of the information we have received comes from detainees, including some of high rank.”
“We have solid reporting of senior level contacts between Iraq and al-Qaeda going back a decade.”
“Credible information indicates that Iraq and al-Qaeda have discussed safe haven and reciprocal nonaggression.”
“Since Operation Enduring Freedom (see October 7, 2001), we have solid evidence of the presence in Iraq of al-Qaeda members, including some that have been in Baghdad.”
“We have credible reporting that al-Qaeda leaders sought contacts in Iraq who could help them acquire WMD capabilities. The reporting also stated that Iraq has provided training to al-Qaeda members in the areas of poisons and gases and making conventional bombs.”
“Iraq’s increasing support to extremist Palestinians coupled with growing indications of a relationship with al-Qaeda, suggest that Baghdad’s links to terrorists will increase, even absent US military action.” [Senate Intelligence Committee, 10/7/2002; New York Times, 10/9/2002]
In 2007, former CIA analyst Valerie Plame Wilson will write that in the weeks and months preceding the invasion of Iraq, “Congress, just like the general public, was being bombarded with dreadful scenarios of what would happen if the perceived imminent threat from Iraq was not stopped in its tracks.” Plame Wilson will note that little strong evidence exists in CIA analyses to support Tenet’s contentions. [Wilson, 2007, pp. 121]
San Diego FBI agent Steven Butler reportedly gives “explosive” testimony to the 9/11 Congressional Inquiry. Butler, recently retired, has been unable to speak to the media, but he was the handler for Abdussattar Shaikh, an FBI informant who rented a room to 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar. Butler claims he might have uncovered the 9/11 plot if the CIA had provided the FBI with more information earlier about Alhazmi and Almihdhar. [US News and World Report, 12/1/2002] He says, “It would have made a huge difference.” He suggests they would have quickly found the two hijackers because they were “very, very close.… We would have immediately opened… investigations. We would have given them the full court press. We would… have done everything—physical surveillance, technical surveillance, and other assets.” [US Congress, 7/24/2003 ; San Diego Union-Tribune, 7/25/2003] Butler discloses that he had been monitoring a flow of Saudi Arabian money that wound up in the hands of two of the 9/11 hijackers, but his supervisors failed to take any action on the warnings. It is not known when Butler started investigating the money flow, or when he warned his supervisors. [US News and World Report, 12/1/2002] The FBI had tried to prevent Butler from testifying, but was unsuccessful. [Washington Post, 10/11/2002] Following Butler’s testimony, Staff Director Eleanor Hill “detail[s] his statements in a memo to the Justice Department.” The Justice Department will decline comment on the matter, saying Butler’s testimony is classified. [US News and World Report, 12/1/2002] This testimony doesn’t stop the US government from deporting Basnan to Saudi Arabia several weeks later. [Washington Post, 11/24/2002]
A tentative congressional deal to create an independent commission to investigate the 9/11 attacks falls apart hours after the White House objected to the plan (it appears Vice President Cheney called Republican leaders and told them to renege on the agreement [New York Times, 11/2/2002] ). Bush had pledged to support such a commission a few weeks earlier (see September 20, 2002), but doubters who questioned his sincerity appear to have been proven correct. Hours after top Republican leaders announced at a press conference that an agreement had been reached, House Republican leaders said they wouldn’t bring the legislation to the full House for a vote unless the commission proposal was changed. There are worries that if the White House can delay the legislation for a few more days until Congress adjourns, it could stop the creation of a commission for months, if not permanently. [New York Times, 10/11/2002] Another deal is made a few weeks later (see November 15, 2002) and the commission goes forward.
Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]
Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command
Timeline Tags: Torture of US Captives, Civil Liberties
The Office of Legal Counsel (OLC)‘s John Yoo sends a classified memo to Attorney General John Ashcroft. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo’s subject is the legality of certain communications intelligence activities. [American Civil Liberties Union [PDF], 1/28/2009 ]
Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 ; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 ; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 ] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]
At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” [White House, 10/14/2002]
The Bush administration publicly reveals that North Korea has centrifuges needed to produce weapons-grade uranium (see October 4, 2002). The administration has kept this information secret for two weeks, waiting for Congress to pass its resolution authorizing military action against Iraq (see October 10, 2002) before releasing it to the public. Foreign affairs journalist Fred Kaplan will later write: “The public rationale for war was that Saddam Hussein possessed weapons of mass destruction. If it was known that North Korea was also making WMDs—and nuclear weapons, at that—it would have muddied the debate over Iraq. Some would have wondered whether Iraq was the more compelling danger—or asked why Bush saw a need for war against Iraq but not against North Korea.” Three days later, Bush announces that the US is unilaterally withdrawing from the “Agreed Framework” treaty between the US and North Korea that keeps North Korea from producing nuclear weapons (see October 21, 1994 and October 27, 2002). [Washington Monthly, 5/2004]
The directors of three US intelligence agencies, the CIA, FBI and NSA, testify before a Congressional inquiry on 9/11. [US Congress, 10/17/2002; US Congress, 10/17/2002] All three say no individual at their agencies has been punished or fired for any of missteps connected to 9/11. This does not satisfy several on the inquiry, including Senator Carl Levin (D-MI), who says, “People have to be held accountable.” [Washington Post, 10/18/2002]
Concurrent with the New York Times’s revelation of the existence of the Office of Special Plans (OSP—see October 24, 2002), Defense Secretary Donald Rumsfeld announces the existence of a similar operation, the Counter-Terrorism Evaluation Group (CTEG—see Shortly After September 11, 2001). CTEG has been absorbed into the OSP by this point. The Washington Post will call CTEG “a small team of defense officials outside regular intelligence channels to focus on unearthing details about Iraqi ties with al-Qaeda and other terrorist networks.” The unveiling of CTEG coincides with Rumsfeld’s move to take over the financing and management of an outside project, the “Information Collection Project,” sponsored by the Iraqi National Congress and one of CTEG’s primary sources of information. Before now, the State Department had financed and overseen the INC project, and had grown increasingly reluctant to maintain what Defense Intelligence Agency official Patrick Lang later calls an “off the reservation” intelligence operation (see September 15, 2001). Rumsfeld tells reporters, “Any suggestion that [CTEG is] an intelligence-gathering activity or an intelligence unit of some sort, I think would be a misunderstanding of it.” Rumsfeld’s assertion is contradicted by former CIA case officer, enthusiastic neoconservative, and CTEG consultant Reuel Marc Gerecht, who describes the intelligence-gathering mission of CTEG: “The Pentagon is setting up the capability to assess information on Iraq in areas that in the past might have been the realm of the agency (CIA). They don’t think the product they receive from the agency is always what it should be.” [Middle East Policy Council, 6/2004]
The Justice Department provides limited information to the House Judiciary Committee about actions performed under the new Patriot Act (see October 26, 2001). Representative James Sensenbrenner (R-WI) had demanded answers to 50 questions regarding the Patriot Act from Attorney General John Ashcroft, or else he would “start blowing a fuse.” Among other things, Sensenbrenner wanted to know how many times the Justice Department had implemented wiretaps under the act, and threatened Congressional subpoenas and opposition to the act when it comes up for renewal. Sensenbrenner and the Judiciary Committee receive far less than originally requested, with the Justice Department asserting that much of the information is classified and cannot be revealed. Sensenbrenner declares himself satisfied. [Savage, 2007, pp. 114-115]
Shortly after the October 11, 2002, request by Guantanamo commander Major General Michael Dunlavey for approval of new, harsh interrogation techniques, and after Guantanamo legal counsel Diane Beaver submitted her analysis justifying the use of those techniques (see October 11, 2002), General James T. “Tom” Hill forwards everything to General Richard Myers, the chairman of the Joint Chiefs of Staff. Hill includes a letter that contains the sentence, “Our respective staffs, the Office of the Secretary of Defense, and Joint Task Force 170 [the Army unit in charge of interrogating Guantanamo detainees] have been trying to identify counter-resistant techniques that we can lawfully employ.” In the letter, Hill is clearly ambivalent about the use of severe interrogation methods. He wants the opinion of senior Pentagon lawyers, and requests that “Department of Justice lawyers review the third category [the most severe] of techniques.” But none of this happens. The Joint Chiefs should have subjected the request to a detailed legal review, including scrutiny by Myers’s own counsel, Jane Dalton, but instead, Pentagon general counsel William J. Haynes short-circuits the approval process. Navy General Counsel Alberto Mora recalls Dalton telling him: “Jim pulled this away. We never had a chance to complete the assessment.” Myers later recalls being troubled that the normal procedures had been circumvented. Looking at the “Haynes Memo,” Myers will point out, “You don’t see my initials on this.” He notes that he “discussed it,” but never signed off on it. “This was not the way this should have come about.” Myers will come to believe that there was “intrigue” going on “that I wasn’t aware of, and Jane wasn’t aware of, that was probably occurring between [William J.] Haynes, White House general counsel [Alberto Gonzales], and Justice.” Instead of going through the proper channels, the memo goes straight to Haynes, who merely signs off with a note that says, “Good to go.” [Vanity Fair, 5/2008]
Entity Tags: Joint Chiefs of Staff, US Department of Justice, Diane E. Beaver, Alberto R. Gonzales, Alberto Mora, James T. Hill, Jane Dalton, Richard B. Myers, Michael E. Dunlavey, William J. Haynes
Timeline Tags: Torture of US Captives, Civil Liberties
The North Korean Central News Agency, a government-run media outlet, announces that if the US is ready to conclude a peace treaty with North Korea, then it “will be ready to clear the US of its security concerns.” North Korea is implying that it will cease developing nuclear weapons. But the Bush administration has no interest in establishing peaceful relations with North Korea (see November 2002). [Scoblic, 2008, pp. 239] The US chief arms negotiator for North Korea, Jim Kelly, is asked if the administration might ask the United Nations Security Council to intervene. According to a diplomat present for the exchange, Kelly replies, “The Security Council is for Iraq.” Kelly will later claim not to recall making the statement. [Washington Post, 10/26/2004]
Six of Indonesia’s main newspapers, including the Jakarta Post, Jawa Pos, and Bali Pos, suggest that several high-ranking Indonesian government figures could be suspects in the Bali bombings that took place earlier in the month (see October 12, 2002). These newspapers note that Gen. Djaja Suparman and former Jakarta police chief Nugroho Jayusman had flown to Bali just before the bombings. Army chief of staff Gen. Ryamizard Ryacudu was also reportedly in Bali at the time of the bombings. [Jakarta Post, 1/3/2003; Pacific Media Watch, 3/31/2003] Gen. Endriartono Sutarto, head of the Indonesian military, admits to the movements, but claims that Suparman was on vacation, while Riyacudu was in Bali for “health reasons.” An Indonesian human-rights activist says, “General Suparman is one of the generals who was behind the extremist jihad groups. He set up militias composed of gangsters and religious fanatics to counter student demonstrations in 1998. One of these militias, Pram Swarkasa, became the embryo of Laskar Jihad.” Laskar Jihad collaborated with the Indonesian military to kill thousands of Christians in the Indonesian province of Maluku in previous years (see January 1999-July 2001); al-Qaeda and its Southeast Asian affiliate Jemaah Islamiyah provided assistance (see Late 2000-Mid-2001). [Asia Times, 11/7/2002] Wimar Witoelar, spokesman for the previous Indonesian president, Abdurrahman Wahid, also says around this time, “The plot is probably hatched by hardline military rogues. This is certainly an excuse for a military takeover unless it is pre-empted.” Suparman threatens to sue for libel, as does Sutarto, who is accused by the Washington Post around the same time for tacitly approving the killing of a group of US citizens in Indonesia less than two months before the Bali bombings (see Mid-September 2002). But the lawsuits apparently never occur, and an Indonesian press council apparently never rules if the newspapers were irresponsible for making the allegations. None of the government figures are ever charged or officially named as suspects in the bombings. [Jakarta Post, 11/9/2002; Pacific Media Watch, 3/31/2003; Reporters without Borders, 6/3/2004]
A Washington Post front page article about the 2001 anthrax attacks (see October 5-November 21, 2001) states, “Bush administration officials have acknowledged that the anthrax attacks were an important motivator in the US decision to confront Iraq, and several senior administration officials say today that they still strongly suspect a foreign source—perhaps Iraq—even though no one has publicly said so.” The rest of the article focuses on the theory that the attacks were so sophisticated that a state such as Iraq was likely responsible (see October 28, 2002). [Washington Post, 10/28/2002] The Bush administration initially suggested there could be a link between the anthrax attacks and Iraq (see October 14, 2001 and October 17, 2001), but in November 2001 the FBI began focusing on the theory that a loner American was the sole culprit (see November 10, 2001).
In 2002, microbiologist Perry Mikesell came under suspicion as the anthrax attacker. Mikesell is an anthrax specialist who worked with Bruce Ivins and others at USAMRIID, the US Army’s top bioweapons laboratory, in the 1980s and 1990s. Since then, he had worked at the Battelle Memorial Institute, a private contractor in Ohio working on classified government bioweapons programs. According to family members, he begins drinking heavily after the FBI starts suspecting him, consuming up to a fifth of hard liquor a day. One relative will later say, “It was a shock that all of a sudden he’s a raging alcoholic.” He dies in late October 2002. The relative will say, “He drank himself to death.” His connection to the anthrax investigation will not be revealed until 2008, and it still is completely unknown why the FBI was focusing on him. Two weeks before his suicide (see July 29, 2008), Ivins will liken the pressure he is facing from the FBI to the pressure that had been put on Mikesell. He will reportedly tell a colleague, “Perry [Mikesell] drank himself to death.” [New York Times, 8/9/2008]
The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 ]
Presidential adviser Karl Rove is concerned about the 9/11 Commission, which is soon to be established (see November 15, 2002). Author Philip Shenon will say this is because he thinks that “in the wrong hands… [it] could cost President Bush a second term.” According to Democratic Senate Minority Leader Tom Daschle, Republican Senator Trent Lott says that behind-the-scenes opposition to the commission’s creation is orchestrated by Rove and the White House’s political office. “It’s all Rove,” Lott tells Daschle. Rove is also involved in the selection of the Commission’s initial chairman, Henry Kissinger (see November 27, 2002), and his successor Tom Kean (see December 14, 2002). [Shenon, 2008, pp. 15, 29]
On November 2, 2002, only three weeks after the 2002 Bali bombings (see October 12, 2002), the Australian and Indonesian teams investigating the attacks say they have finished their initial forensic analysis of the bomb site. One forensic team member says, “We have all we need to nail these bad guys down.” [New York Times, 11/2/2002; Jakarta Post, 1/3/2003] That same day, investigators get their first big break when they discover the vehicle identification number of the chassis of the van used by some of the bombers. [BBC, 12/3/2002] The first arrest of an officially suspected bomber, Amrozi, takes place on November 5. He had bought the van. He immediately confesses to taking part in the bombings. Other arrests, including the arrest of an alleged mastermind of the bombings, Imam Samudra, follow in the next weeks and months. [Jakarta Post, 1/3/2003] Most Balinese are Hindu, and on November 15, the island holds a large public Hindu ritual purifying the bomb sites. The next day, bulldozers begin dumping the debris into the ocean, and they dump all the bomb site wreckage into the ocean over the next several days. [Jakarta Post, 11/17/2002; New York Times, 5/4/2003] Robert S. Finnegan, editor for the English-language Jakarta Post newspaper, will later sarcastically comment on how quickly the investigators finished their on-site work: “Astounding work, as it must have set a world record for crime scene forensic analysis.” He will also note, “Given the scope of the bombing and the sheer size of the primary and secondary blast areas - where traces from a plethora of different explosive compounds were swabbed from - this was a feat that escaped even the vaunted investigators working the World Trade Center [9/11] crime scene in New York, who spent nearly a year literally sifting by hand for evidence at the site.” [Jakarta Post, 1/3/2003]
Congress passes a law creating the Institute of Education Sciences, a subsidiary of the Department of Education. The new institute is designed to generate independent statistics about student performance. The law stipulates that the institute’s director may conduct and publish research “without the approval of the secretary [of education] or any other office of the department.” President Bush issues a signing statement indicating that contrary to the law, the director will be responsible to the secretary of education. Since the president has the power to control the actions of all executive branch officials, the statement asserts, “the director of the Institute of Education Sciences shall [be] subject to the supervision and direction of the secretary of education.” Bush’s signing statement directly contradicts the letter and the intent of Congress’s law. [Boston Globe, 4/30/2006; Savage, 2007, pp. 240]
Congress approves legislation creating an independent commission—the National Commission on Terrorist Attacks Upon the United States—which will later be popularly known as the 9/11 Commission. The Commission’s mandate is to “examine and report on the facts and causes relating to the September 11th terrorist attacks” and “make a full and complete accounting of the circumstances surrounding the attacks.” President Bush signs it into law November 27, 2002. [US Congress, 11/27/2002] Bush originally opposed an independent commission (see May 23, 2002), but changed his mind over the summer (see September 20, 2002) after political pressure. The Democrats conceded several important aspects of the Commission (such as subpoena approval) after the White House threatened to create a Commission by executive order, over which it would have more control. Bush will appoint the Commission chairman and he sets a strict time frame (18 months) for its investigation. [CNN, 11/15/2002] The Commission will only have a $3 million budget. Senator Jon Corzine (D-NJ) and others wonder how the Commission can accomplish much with such a small budget. [Associated Press, 1/20/2003] (In contrast, a 1996 federal commission investigating casino gambling received $5 million; the federal government spent $50 million investigating Bill Clinton and Whitewater; and the investigation into the February 2003 Columbia shuttle explosion will receive $50 million.) [Carter, 2004, pp. 280] Senate Majority Leader Tom Daschle (D-SD) will call the budget “a joke.” [Shenon, 2008, pp. 31] The budget will later be increased (see March 26, 2003).
The Foreign Intelligence Surveillance Court of Review, in its first-ever ruling, overturns a ruling by the Foreign Intelligence Surveillance Court (see May 17, 2002) that stopped the Justice Department from being granted sweeping new powers to conduct domestic surveillance on US citizens. [American Civil Liberties Union, 11/18/2002; FindLaw, 11/18/2002 ]
'Rubber Stamp' - The ACLU’s Ann Beeson says of the ruling, “We are deeply disappointed with the decision, which suggests that this special court exists only to rubberstamp government applications for intrusive surveillance warrants. “As of today, the Attorney General can suspend the ordinary requirements of the Fourth Amendment in order to listen in on phone calls, read e-mails, and conduct secret searches of Americans’ homes and offices.” The ACLU and other civil liberties organizations filed a friend-of-the-court brief asking that the original ruling stand. The ACLU and its partners are considering appealing the decision to the Supreme Court, as well as asking Congress to legislate tighter restrictions on the Justice Department’s ability to conduct domestic surveillance. Beeson notes that appealing the FISA Review Court’s decision might be impossible: “This is a major Constitutional decision that will affect every American’s privacy rights, yet there is no way anyone but the government can automatically appeal this ruling to the Supreme Court. Hearing a one-sided argument and doing so in secret goes against the traditions of fairness and open government that have been the hallmark of our democracy.” The FISC Review Court is a special three-judge panel appointed by Chief Justice William Rehnquist in accordance with provisions of the Foreign Intelligence Surveillance Act. The judges include appellate court justices Laurence Silberman, Edward Leavy, and Ralph Guy, Jr. [American Civil Liberties Union, 11/18/2002]
Law Professor Slams Ruling - Law professor Raneta Lawson Mack is highly critical of the ruling. Mack writes that the court twisted its reasoning upon itself in order to give the Justice Department what it asked for. It misrepresented the facts and legal arguments of the case. It gratuitously insulted the ACLU and other “friends of the court” in its ruling. It wrote that the entire FISA law is constitutional even though its standards conflict with the Fourth Amendment. To justify its ruling from a legislative standpoint, the Review Court cherrypicked statements by legislators that supported the Justice Department’s stance while ignoring those from other viewpoints. It called the Bush administration’s efforts to challenge the “firewall” between law enforcement and foreign intelligence as “heroic,” even though the Justice Department, Congress, and FISA itself recognizes and accepts the dichotomy. It accepted without question or evidence the government’s contention that false, misleading, or inaccurate FBI affidavits in numerous FISA applications were a result of “confusion within the Justice Department over implementation” of the firewall procedures that the Justice Department itself drafted and implemented. Mack writes that the court failed entirely to grapple with one key question that, if considered, would, in her opinion, “easily have laid bare the Executive Branch’s thinly-veiled quest for unconstrained authority to invade the privacy of US citizens with minimal oversight.” The question is, “why would the government need to alter procedures for obtaining FISA warrants when the lower FISA court had never rejected an application? Indeed, according to the lower FISA court opinion the court had ‘reviewed and approved several thousand FISA applications, including many hundreds of surveillances and searches of US persons [and had] long accepted and approved minimization procedures authorizing in-depth information sharing and coordination with criminal prosecutors.’” The lower court ruling provided for coordination and sharing of information between law enforcement and government agencies, Mack notes, and writes that in light of that finding, “can the government seriously contend that the minimization procedures that it drafted in 1995, which the lower FISA court dutifully adopted, were too restrictive, warranting a still more lenient approach?” Mack considers the ruling to be “legally unsound.” She is appalled by the Review Court’s groundless implication that FISA hindered the ability of the FBI to anticipate and perhaps prevent the 9/11 attacks. “What the lower FISA court recognized and, indeed, what all Americans should legitimately fear is that the Executive branch is disingenuously using its September 11th failures in conjunction with the hastily drafted and poorly crafted Patriot Act to ‘give the government a powerful engine for the collection of foreign intelligence information targeting US persons.’ By adhering to the minimization procedures, the lower FISA court merely sought to assure that the balance between legitimate national security concerns and individual privacy was not disturbed by seemingly unconstrained executive power.… [T]here is… no question that a secret FISA appellate court structure, with judges hand selected by the Chief Justice of the US Supreme Court, that hears only the government’s evidence, and grants only the government a right to appeal is a singularly inappropriate forum to resolve issues that threaten the fundamental rights and values of all US citizens. The only question that remains is how much further our justice system will be derailed in pursuit of the war on terrorism.” [Jurist, 11/26/2002]
Entity Tags: Ralph Guy, Jr., Raneta Lawson Mack, William Rehnquist, US Department of Justice, Open Society Institute, US Supreme Court, Laurence Silberman, Foreign Intelligence Surveillance Court, Center for National Security Studies, American Civil Liberties Union, Center for Democracy and Technology, Foreign Intelligence Surveillance Court of Review, Ann Beeson, Electronic Frontier Foundation, Edward Leavy, Electronic Privacy Information Center
Timeline Tags: Civil Liberties
An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). [Washington Post, 3/3/2005; ABC News, 11/18/2005; Associated Press, 3/28/2010] He had originally been arrested in Pakistan, and then brought to Afghanistan. [Washington Post, 9/19/2009] An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. [Washington Post, 3/3/2005; ABC News, 11/18/2005; Mahoney and Johnson, 10/9/2009, pp. 29 ] The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. [Washington Post, 3/3/2005; ABC News, 11/18/2005] Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. [Washington Post, 9/19/2009; Harper's, 3/28/2010] Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. [Washington Post, 3/3/2005; ABC News, 11/18/2005]
After learning that detainee Gul Rahman has died at the CIA’s Salt Pit black site in Afghanistan (see November 20, 2002), the agency’s headquarters sends a team to investigate what has happened. [Associated Press, 3/28/2010] The team is dispatched by the CIA’s Deputy Director for Operations, Jim Pavitt. [Central Intelligence Agency, 5/7/2004, pp. 1 ] According to a CIA official, “The guidance [from headquarters] was for the people on scene to preserve everything as it was.” After the death, a medic at the site found that Rahman had died of hypothermia, and this is later confirmed by another doctor. Presumably, this later doctor is part of the team sent out now. [Associated Press, 3/28/2010; Harper's, 3/28/2010]
The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. [Central Intelligence Agency, 5/7/2004, pp. 1 ] The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). [Associated Press, 3/28/2010] The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.
The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]
The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]
This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
[Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. [New York Times, 11/26/2002; Los Angeles Times, 11/26/2002] However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. [New York Times, 11/20/2002] The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” [New York Times, 11/20/2002; Los Angeles Times, 11/26/2002] Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” [New York Times, 11/26/2002] The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. [Savage, 2007, pp. 110]
Entity Tags: US Coast Guard, US Department of Homeland Security, US Customs Service, US Secret Service, George W. Bush, Kristen Breitweiser, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, Relatives of September 11 Victims, Tom Ridge
Timeline Tags: Complete 911 Timeline, Civil Liberties
Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” [Shenon, 2008, pp. 32-33] However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).
James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]
The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. [New York Times, 6/21/2004] However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” [Time, 6/12/2005]
On October 15, 2001, FBI Director Robert Mueller appointed Van Harp, a 32-year FBI veteran, head of the anthrax attacks investigation. By late 2002, Harp is ready for retirement and senior FBI agent Richard Lambert takes over as the new head. However, like Harp, Lambert seems focused on suspect Steven Hatfill and little interested in other potential suspects. Eventually, some FBI agents will seek a review of Lambert’s administration. One agent will later say: “There were complaints about him. Did he take energy away from looking at other people? The answer is yes.” [Los Angeles Times, 6/29/2008] The FBI will finally drop its interest in Hatfill in late 2006, when Lambert is replaced (see Autumn 2006).
Undersecretary of Defense for Policy Douglas Feith and Department of Defense General Counsel William J. Haynes press “for looser interrogation rules and [win] approval for them from the administration’s civilian lawyers….” Lawyers with the Army Judge Advocate General’s office are opposed to the new rules. [USA Today, 5/13/2004; Los Angeles Times, 5/13/2004; Newsweek, 5/24/2004]
An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities. [Source: USGS via Microsoft]On behalf of the National Security Agency (NSA), AT&T constructs a secret, highly secured room in its network operations center in Bridgeton, Missouri, used to conduct secret government wiretapping operations. This is a larger and more elaborate “data mining” center than the one AT&T has constructed in San Francisco (see January 2003). Salon’s Kim Zetter will later write that the Bridgeton facility “had the earmarks of a National Security Agency operation,” including a sophisticated “mantrap” entrance using retinal and fingerprint scanners. Sometime in early 2003, AT&T technician Mark Klein (see July 7, 2009) discusses the Bridgeton facility with a senior AT&T manager, whom he will only identify as “Morgan.” The manager tells Klein that he considers the Bridgeton facility “creepy,” very secretive and with access restricted to only a few personnel. Morgan tells Klein that the secure room at Bridgeton features a logo on the door, which Klein will describe as “the eye-on-the-pyramid logo which is on the back of the dollar bill—and that got my attention because I knew that was for awhile the logo of the Total Awareness Program” (TIA-see Mid-January 2002, March 2002 and November 9, 2002). Klein notes that the logo “became such a laughingstock that they [the US government] withdrew it.” However, neither Klein nor Morgan find the NSA secure room at Bridgeton amusing. In June 2006, two AT&T workers will tell Zetter that the 100 or so employees who work in the room are “monitoring network traffic” for “a government agency,” later determined to be the NSA. Only government officials or AT&T employees with top-secret security clearance are admitted to the room, which is secured with a biometric “mantrap” or highly sophisticated double door, secured with retinal and fingerprint scanners. The few AT&T employees allowed into the room have undergone exhaustive security clearance procedures. “It was very hush-hush,” one of the AT&T workers will recall. “We were told there was going to be some government personnel working in that room. We were told: ‘Do not try to speak to them. Do not hamper their work. Do not impede anything that they’re doing.’” (Neither of Zetter’s sources is Klein, who by the time Zetter’s article is published in 2006, will have made his concerns about the NSA and AT&T public.) The Bridgeton facility is the central “command center” for AT&T’s management of all routers and circuits carrying domestic and international Internet traffic. Hence, it is the ideal location for conducting surveillance or collecting data. AT&T controls about a third of all bandwidth carrying Internet traffic to and from homes and businesses throughout the US. The two employees, who both will leave AT&T to work with other telecommunications firms, will say they cannot be sure what kinds of activities actually take place within the secret room. The allegations follow those made by Klein, who after his retirement (see May 2004) will submit an affidavit stating his knowledge of other, similar facilities in San Francisco and other West Coast switching centers, whose construction and operations were overseen by the NSA (see January 16, 2004 and January 2003); the two AT&T employees say that the orders for the San Francisco facility came from Bridgeton. NSA expert Matthew Aid will say of the Bridgeton facility, “I’m not a betting man, but if I had to plunk $100 down, I’d say it’s safe that it’s NSA.” Aid will say the Bridgeton facility is most likely part of “what is obviously a much larger operation, or series of interrelated operations” combining foreign intelligence gathering with domestic eavesdropping and data collection. Former high-level NSA intelligence officer Russell Tice will say bluntly: “You’re talking about a backbone for computer communications, and that’s NSA.… Whatever is happening there with the security you’re talking about is a whole lot more closely held than what’s going on with the Klein case.” The kind of vetting that the Bridgeton AT&T employees underwent points to the NSA, both Aid and Tice will say; one of the two AT&T employees who will reveal the existence of the Bridgeton facility will add, “Although they work for AT&T, they’re actually doing a job for the government.” Aid will add that, while it is possible that the Bridgeton facility is actually a center for legal FBI operations, it is unlikely due to the stringent security safeguards in place: “The FBI, which is probably the least technical agency in the US government, doesn’t use mantraps. But virtually every area of the NSA’s buildings that contain sensitive operations require you to go through a mantrap with retinal and fingerprint scanners. All of the sensitive offices in NSA buildings have them.” The American Civil Liberties Union’s Jameel Jaffer will add that when the FBI wants information from a telecom such as AT&T, it would merely show up at the firm with a warrant and have a wiretap placed. And both the NSA and FBI can legally, with warrants, tap into communications data using existing technological infrastructure, without the need for such sophisticated surveillance and data-mining facilities as the ones in Bridgeton and San Francisco. Both AT&T and the NSA will refuse to comment on the facilities in Bridgeton, citing national security concerns. [Salon, 6/21/2006; Klein, 2009, pp. 28-30]
Entity Tags: Terrorist Surveillance Program, National Security Agency, Russell Tice, Matthew Aid, Federal Bureau of Investigation, Kim Zetter, Mark Klein, AT&T, Jameel Jaffer, “Morgan” (senior AT&T manager), American Civil Liberties Union
Timeline Tags: Civil Liberties
A team of FBI investigators headed by the FBI’s assistant director for counterterrorism, Thomas J. Harrington, visits Guantanamo prison. As he will later report to Maj. Gen. Donald J. Ryder, the Army’s provost marshal general, in a letter dated July 14, 2004 (see July 14, 2004), he and his team witness at least three cases of “highly aggressive interrogation techniques being used against detainees.” Abuse includes the use of a dog to intimidate a prisoner (who later shows symptoms of “extreme” psychological trauma); binding most of a detainee’s head in duct tape because he continued quoting from the Koran; and a female interrogator who bent back the thumbs of a prisoner and then grabbed his genitals. In one case, a prisoner was “curling into a fetal position on the floor and crying in pain.” [Financial Times, 12/7/2004] Torin Nelson, an interrogator stationed at Guantanamo from August 2002 to February 2003, similarly notices an increase in the aggressiveness of interrogation methods in the weeks before he leaves. “When I first got there, things were much more above board. But there was a lot of pressure coming from above in the administration,” he later recalls. “They were very keen on getting results from the interrogations.” It is at this point that, according to him, techniques begin to enter “the grey area of abuse.” [Guardian, 12/1/2004] Criticism, vented within the FBI by a few of the federal agents who have been questioning prisoners at Guantanamo, also begins to arrive at the Pentagon. A senior intelligence official tells reporter Hersh: “I was told that the military guards were slapping prisoners, stripping them, pouring cold water over them, and making them stand until they got hypothermia. The agents were outraged. It was wrong and also dysfunctional.” The agents’ written complaints are sent to officials at the Pentagon, including Department of Defense General Counsel William J. Haynes. [Guardian, 9/13/2004] “In late 2002 and continuing into mid-2003,” according to a report by the FBI, “the [FBI’s] Behavioral Analysis Unit raised concerns over interrogation tactics being employed by the US Military” at Guantanamo. [Federal Bureau of Investigation, 5/6/2004 ]
Assistant Attorney General William Moschella informs the ranking members of the House and Senate Intelligence committees of the administration’s use of potentially unconstitutional data mining and electronic surveillance programs after the 9/11 attacks. Moschella tells the lawmakers, “The president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. One such program is the Novel Intelligence from Massive Data (NIMD) initiative (see After September 11, 2001). Moschella echoes the claims of National Security Agency director Michael Hayden and other administration officials, saying 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.” [National Journal, 1/20/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only 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, July 2001, and Early 2002). Moschella informs the lawmakers of none of this.
David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns disturbing information about detainees in US custody being abused at the Guantanamo detention facility. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals. Brant, an experienced law enforcement officer, finds what his task force agents tell him about interrogations at Guantanamo troubling. According to his agents, who have examined the interrogation logs, the military intelligence interrogators seem poorly trained and frustrated by their lack of success. Brant learns that the interrogators are engaging in ever-escalating levels of physical and psychological abuse, using tactics that Brant will later describe as “repugnant.” Much of his information comes from NCIS psychologist Michael Gelles, who has access to the Army’s top-secret interrogation logs at Guantanamo. [New Yorker, 2/27/2006; Vanity Fair, 5/2008] Gelles learned of the torture techniques being used at Guantanamo while reading through those logs for an internal study. He is taken aback at what author and reporter Charlie Savage will later call “a meticulously bureaucratic, minute-by-minute account of physical torments and degradation being inflicted on prisoners by American servicemen and women.” [Savage, 2007, pp. 178] Brant will later recall that Gelles “is phenomenal at unlocking the minds of everyone from child abusers to terrorists.” Therefore, when Gelles tells Brant that he finds the logs “shocking,” Brant takes it seriously. One of the most horrific cases is that of Mohamed al-Khatani (see December 17, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008] Brant says that NCIS will pull its interrogators out of Guantanamo if the abuses continue, and goes to the Navy’s general counsel, Alberto Mora, for help (see December 17-18, 2002). [Savage, 2007, pp. 178]
Barbara Grewe. [Source: Barbara Grewe]Barbara Grewe, a key investigator on the Justice Department inspector general’s investigation of the FBI’s failures before 9/11, moves to the 9/11 Commission. [University of Michigan Law School, 3/7/2005] She was recommended to the Commission by a former colleague who worked at the office of inspector general at the Justice Department. [University Record Online, 3/14/2005] As special investigative counsel at the Justice Department’s office of the inspector general between July and December 2002 she had investigated and reported on the FBI’s handling of intelligence prior to 9/11, and directed part of the investigation into information sharing between the FBI and CIA, missed opportunities to locate the hijackers before 9/11, and earlier warnings about terrorists using airplanes as weapons. This is similar to the work she does on the 9/11 Commission. According to a press release for a lecture she will give in 2005, Grewe also “drafted and edited” the “relevant sections” of the Justice Department’s final report. [University of Michigan Law School, 3/7/2005; Center for American Progress Action Fund, 4/16/2008] However, it is unclear how she could have done this, as she left the Justice Department’s investigation in 2003. Although December 2002 is early on in the Justice Department inspector general’s probe, the following important interviews have been conducted by this time:
Tom Wilshire, a CIA officer later detailed to the FBI who was involved in many pre-9/11 intelligence failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, March 5, 2000, May 15, 2001, Mid-May 2001, Late May, 2001, July 23, 2001, August 22, 2001, and August 24, 2001); [9/11 Commission, 7/24/2004, pp. 502]
“Michael,” a female CIA officer who had blocked notification to the FBI saying that one of the hijackers, Khalid Almihdhar, had a US visa (see Around 7:00 p.m. January 5, 2000 and January 6, 2000); [9/11 Commission, 7/24/2004, pp. 502]
Dina Corsi, an FBI official who withheld intelligence information from criminal investigators in the summer of 2001 (see June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 474]
Clark Shannon, a CIA officer who withheld information about Almihdhar from the FBI (see June 11, 2001); [9/11 Commission, 7/24/2004, pp. 537]
Margaret Gillespie, an FBI agent detailed to the FBI involved in information sharing problems (see (Late May-Early June) and August 21-22, 2001); [9/11 Commission, 7/24/2004, pp. 538]
Robert Fuller, an FBI agent who searched for Almihdhar in the US just before the 9/11 attacks, but failed to find him (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001); [9/11 Commission, 7/24/2004, pp. 539]
Russell Fincher and Steve Bongardt, FBI agents from whom the CIA withheld information (see June 11, 2001, June 12-September 11, 2001, and August 29, 2001); [9/11 Commission, 7/24/2004, pp. 537]
Sherry Sabol, an attorney involved in errors in the Moussaoui and Almihdhar cases (see August 22-28, 2001 and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 538]
An FBI official who handled an al-Qaeda informer in Pakistan (see January 4, 2001); [9/11 Commission, 7/24/2004, pp. 537]
Harry Samit (see August 15-20, 2001), Greg Jones (see August 27, 2001), John Weess (see August 16, 2001), and Coleen Rowley (see May 21, 2002), FBI officials who worked on the Moussaoui case; [9/11 Commission, 7/24/2004, pp. 531, 540]
Rodney Middleton, acting head of the FBI’s bin Laden unit before 9/11 (see July 27, 2001 and after); and [9/11 Commission, 7/24/2004, pp. 538]
Jennifer Maitner, an FBI official involved in the Phoenix memo and President Bush’s August 6 presidential daily briefing (see July 10, 2001, July 27, 2001 and after, and (August 4-5, 2001)). [9/11 Commission, 7/24/2004, pp. 536]
An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. [American Civil Liberties Union, 1/12/2006]
The 9/11 Congressional Inquiry concludes its seven-month investigation of the performance of government agencies before the 9/11 attacks. A report hundreds of pages long has been written, but only nine pages of findings and 15 pages of recommendations are released at this time, and these have blacked out sections. [Los Angeles Times, 12/12/2002] After months of wrangling over what has to be classified, the final report will be released in July 2003 (see July 24, 2003). In the findings released at the present time, the inquiry accuses the Bush administration of refusing to declassify information about possible Saudi Arabian financial links to US-based Islamic militants, criticizes the FBI for not adapting into a domestic intelligence bureau after the 9/11 attacks, and says the CIA lacked an effective system for holding its officials accountable for their actions. Asked if 9/11 could have been prevented, Senator Bob Graham (D-FL), the committee chairman, gives “a conditional yes.” Graham says the Bush administration has given Americans an “incomplete and distorted picture” of the foreign assistance the hijackers may have received. [ABC News, 12/10/2002] Graham further says, “There are many more findings to be disclosed” that Americans would find “more than interesting,” and he and others express frustration that information that should be released is being kept classified by the Bush administration. [St. Petersburg Times, 12/12/2002] Many of these findings will remain classified after the inquiry’s final report is released. Senator Richard Shelby (R-AL), the vice chairman, singles out six people as having “failed in significant ways to ensure that this country was as prepared as it could have been”: CIA Director George Tenet; Tenet’s predecessor, John Deutch; former FBI Director Louis Freeh; NSA Director Michael Hayden; Hayden’s predecessor, Lieutenant General Kenneth Minihan; and former Deputy Director Barbara McNamara. [US Congress, 12/11/2002; Washington Post, 12/12/2002] Shelby says that Tenet should resign. “There have been more failures on his watch as far as massive intelligence failures than any CIA director in history. Yet he’s still there. It’s inexplicable to me.” [Reuters, 12/10/2002; PBS, 12/11/2002] But the Los Angeles Times criticizes the inquiry’s plan of action, stating, “A list of 19 recommendations consists largely of recycled proposals and tepid calls for further study of thorny issues members themselves could not resolve.” [Los Angeles Times, 12/12/2002]
Entity Tags: John Deutch, George J. Tenet, Michael Hayden, Louis J. Freeh, Richard Shelby, Saudi Arabia, Federal Bureau of Investigation, Daniel Robert (“Bob”) Graham, Kenneth Minihan, Bush administration (43), Central Intelligence Agency, 9/11 Congressional Inquiry, Barbara McNamara
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
CIA inspector general John Helgerson, who is investigating some aspects of the CIA’s performance before 9/11, recuses himself from part of the investigation concerning alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM). According to the report’s executive summary, the reason for the recusal is a “conflict of interest,” although the precise nature of this conflict is unknown. This part of the investigation is handled by two deputy inspectors general. [Central Intelligence Agency, 6/2005, pp. xiii ] Some of the senior positions held by Helgerson at the CIA are known; there appears to be an approximately five-year period between 1993 and 1998 when Helgerson’s positions are mostly unknown. [Helgerson, 1996; Central Intelligence Agency, 5/22/1996; Central Intelligence Agency, 8/3/2001; Washington Post, 5/14/2006; Washington Post, 5/14/2006; Ignet(.gov), 5/17/2007 ] The statement about the conflict of interest appears to indicate that Helgerson must have been involved in activities related to KSM in the mid-1990s, but this is not certain.
When the 9/11 Congressional Inquiry finishes its final report (see December 11, 2002), it asks the CIA’s office of inspector general (OIG) to review its findings and to perform any additional investigations that are required. The purpose of this is to determine whether any CIA employees deserve awards for outstanding services, or whether some should be held accountable for not performing their responsibilities satisfactorily. But these are the only 9/11-related issues the OIG investigates. It does not perform a full review of the CIA’s performance before 9/11, and does not specifically focus on systemic issues. [Central Intelligence Agency, 6/2005, pp. v-vi ]
Bruce Ivins working as a Red Cross volunteer in 2003. [Source: Associated Press]During a several day search of a pond near Frederick, Maryland, by FBI investigators for clues to the anthrax attacks (see October 5-November 21, 2001), Scientist Bruce Ivins is there with the investigators, working as a Red Cross volunteer. Ivins will commit suicide in 2008 after coming under scrutiny as the FBI’s main suspect in the anthrax attacks (see July 29, 2008). The pond search is highly publicized at the time, and is an unsuccessful effort to find evidence connecting the attacks to Steven Hatfill, the FBI’s main suspect at the time (see December 12-17, 2002). The pond is near USAMRIID, the US Army’s top bioweapons laboratory where Ivins works and Hatfill used to work. As a Red Cross volunteer, Ivins serves coffee, donuts, and snacks to FBI agents and other investigators in a military tent. He is eventually removed after officials realize he is an anthrax researcher who could compromise the investigation. Apparently, Ivins is a regular Red Cross volunteer at the time. Miriam Fleming, another Red Cross volunteer working at the pond search, will later recall that Ivins “was kind of goofy, but he was always in a good mood. He seemed so normal.” [New York Times, 8/7/2008]
Henry Kissinger resigns as head of the new 9/11 Commission. [Associated Press, 12/13/2002; Associated Press, 12/13/2002] Two days earlier, the Bush administration argued that Kissinger was not required to disclose his private business clients. [New York Times, 12/12/2002] However, the Congressional Research Service insists that he does, and Kissinger resigns rather than reveal his clients. [MSNBC, 12/13/2002; Seattle Times, 12/14/2002]
Spilled Coffee - Kissinger had also been pressured to reveal his client list at a meeting with a group of victims’ relatives, in particular the “Jersey Girls.” One of the “Girls,” Lorie Van Auken, had even asked Kissinger whether he had “any clients named bin Laden?” Kissinger, who was pouring coffee at that moment, refused to answer, but spilled the coffee and fell off the sofa on which he was sitting. [Shenon, 2008, pp. 12-3]
Business Ties - It is reported that Kissinger is (or has been) a consultant for Unocal, the oil corporation, and was involved in plans to build pipelines through Afghanistan (see September-October 1995). [Washington Post, 10/5/1998; Salon, 12/3/2002] Kissinger claims he did no current work for any oil companies or Mideast clients, but several corporations with heavy investments in Saudi Arabia, such as ABB Group, a Swiss-Swedish engineering firm, and Boeing Corp., pay him consulting fees of at least $250,000 a year. A Boeing spokesman said its “long-standing” relationship with Kissinger involved advice on deals in East Asia, not Saudi Arabia. Boeing sold $7.2 billion worth of aircraft to Saudi Arabia in 1995. [Newsweek, 12/15/2002]
Not Vetted - In a surprising break from usual procedures regarding high-profile presidential appointments, White House lawyers never vetted Kissinger for conflicts of interest. [Newsweek, 12/15/2002] The Washington Post says that after the resignations of Kissinger and Mitchell, the commission “has lost time” and “is in disarray, which is no small trick given that it has yet to meet.” [Washington Post, 12/14/2002]
Following Henry Kissinger’s resignation as 9/11 Commission chairman the day before (see November 27, 2002), presidential aide Karl Rove calls Thomas Kean, a former Republican governor of New Jersey, to ask if he is willing to be considered as chairman of the Commission. Kean, who does not know Rove well and has been out of politics for some time, is surprised that he is being considered for the job. He is even more surprised that it is Rove making the call, especially given Rove’s reputation as the brain behind the rise of President George W. Bush. However, he says that he may do the job, if chosen. Kean will later speak to the president’s chief of staff Andy Card about the job, and formally accept it in a call from President Bush. Rove will later say that he thinks it was he who first suggested Kean as chairman, but will add that he regrets this, due to later battles with the White House. Card will also say he thinks he was the first to suggest Kean. [Shenon, 2008, pp. 16-7, 25]
[Source: Public domain]President Bush names former New Jersey governor Thomas Kean as the chairman of the 9/11 Commission after his original choice, Henry Kissinger, resigned (see December 13, 2002). [Washington Post, 12/17/2002] In an appearance on NBC, Kean promises an aggressive investigation. “It’s really a remarkably broad mandate, so I don’t think we’ll have any problem looking under every rock. I’ve got no problems in going as far as we have to in finding out the facts.” [Associated Press, 12/17/2002] However, Kean plans to remain president of Drew University and devote only one day a week to the commission. He also claims he would have no conflicts of interest, stating: “I have no clients except the university.” [Washington Post, 12/17/2002] However, he has a history of such conflicts of interest. Multinational Monitor has previously stated: “Perhaps no individual more clearly illustrates the dangers of university presidents maintaining corporate ties than Thomas Kean,” citing the fact that he is on the Board of Directors of Aramark (which received a large contract with his university after he became president), Bell Atlantic, United Health Care, Beneficial Corporation, Fiduciary Trust Company International, and others. [Multinational Monitor, 11/1997]
David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” [New Yorker, 2/27/2006]
Newly appointed 9/11 Commission Chairman Thomas Kean comes to the White House to meet top officials and discuss the 9/11 investigation. Although a Republican, Kean does not like the “message discipline” of the current White House, where spokesmen keep repeating the same thing over and over. Kean will later tell author Philip Shenon that he is surprised when the officials he meets use the same tactic and keep telling him the same things. Kean thinks the officials, including National Security Adviser Condoleezza Rice and chief of staff Andy Card, are sticking to a pre-agreed script and wonders whether they are reading off the same talking points cards. They keep telling him: “We want you to stand up. You’ve got to stand up,” “You’ve got to have courage,” and “We don’t want a runaway commission.” Kean is baffled by this and thinks it might be some sort of code. He decides they must want him to stand up for the truth and have the courage to follow the evidence wherever it leads. However, Kean will later say: “I decided as the process went on, that’s not what they meant at all.… You’ve got to stand up for the president, and you’ve got to protect him in the process. That’s what they meant.” Card also suggests some names for the key position of executive director of the Commission, but the post goes to somebody else, Philip Zelikow, in the end (see Shortly Before January 27, 2003). [Shenon, 2008, pp. 35-39]
The first time 9/11 Commission Chairman Tom Kean, a Republican, and Vice Chairman Lee Hamilton, a Democrat noted for his bipartisanship (see 1992-January 1993, Before November 27, 2002 and March 2003-July 2004), meet after their appointment to the commission, Kean offers Hamilton extra powers in the investigation. In effect, Kean and Hamilton would be co-chairmen of the inquiry, rather than chairman and vice chairman. Author Philip Shenon will call this a “remarkable gesture,” as it gives Hamilton an equal say in the hiring and structure of the investigation. Kean also proposes that the two of them should be “joined at the hip,” and that they should always appear in public together, especially on television. Hamilton agrees, thinking this will go some way to make up for their lack of stature in Washington in comparison with the two men they replaced on the commission, Henry Kissinger and George Mitchell. [Shenon, 2008, pp. 68]
Mohammed Jawad, a teenaged Afghan citizen, is captured after allegedly throwing a hand grenade at a US military vehicle in Kabul. The explosion injures two US soldiers and their Afghan interpreter. Jawad insists that he is innocent. After a brief stint in the custody of the Afghan police, where he is tortured into signing a “confession” he cannot read (see November 22, 2008), he will quickly be transferred to Guantanamo, where he will be one of the youngest detainees kept there. [Human Rights First, 9/2008; Salon, 1/21/2009] Jawad’s precise age is unclear. Salon’s Glenn Greenwald will later write, “At the time of his due-process-less imprisonment in Guantanamo, he was an adolescent: between 15 and 17 years old (because he was born and lived his whole life in an Afghan refugee camp in Pakistan, and is functionally illiterate, his exact date of birth is unknown).” [Salon, 1/21/2009]
David Brant, the head of the Naval Criminal Investigative Service (NCIS), approaches Naval General Counsel Alberto Mora about the abuse of detainees in US custody at Guantanamo, abuse perhaps authorized at a “high level” in Washington. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals.
Troubling Information - Brant has learned troubling information about the interrogations at Guantanamo (see Early December, 2002). Brant had never discussed anything so sensitive with Mora before, and later recalls, “I wasn’t sure how he would react.” Brant had already discussed the allegations of abuse with Army officials, since they have command authority over the detainees, and to Air Force officials as well, but goes to Mora after deciding that no one in either branch seems to care. He is not hopeful that Mora will feel any differently.
Worried about Abuse - Brant goes to Mora because, he will recall, he didn’t want his investigators to “in any way observe, condone, or participate in any level of physical or in-depth psychological abuse. No slapping, deprivation of water, heat, dogs, psychological abuse. It was pretty basic, black and white to me.… I didn’t know or care what the rules were that had been set by the Department of Defense at that point. We were going to do what was morally, ethically, and legally permissible.” Brant had ordered his task force members to “stand clear and report” any abusive tactics that they might witness.
Mora 'Rocked' - Brant is not disappointed in Mora’s reactions. A military official who works closely with Brant will later recall that the news “rocked” Mora. The official will add that Mora “was visionary about this,” adding, “He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.” Brant asks if Mora wants to hear more about the situation; Mora will write in a 2004 memo (see July 7, 2004), “I responded that I felt I had to.”
Second Meeting - Brant meets with Mora the next day, and shows Mora part of the transcript of the [Mohamed al-Khatani] interrogations. Mora is shocked when Brant tells him that the abuse was not “rogue activity,” but apparently sanctioned by the highest levels in the Bush administration. Mora will write in his memo, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora will recall in a 2006 interview: “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.” Shocked, Mora will learn more from his counterpart in the Army (see December 18, 2002), and determine that the abusive practices need to be terminated.
Meeting with Pentagon Lawyer - He will bring his concerns to the Pentagon’s general counsel, William J. Haynes, and will leave that meeting hopeful that Haynes will put an end to the extreme measures being used at Guantanamo (see December 20, 2002). But when Mora returns from Christmas vacation, he will learn that Haynes has done nothing. Mora will continue to argue against the torture of detainees (see Early January, 2003). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]
The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Agence France-Presse, 12/29/2002]
Army investigators discover that 62 percent of its gas masks and 90 percent of its chem/bio detectors—which alert soldiers to the presence of chemical or biological toxins—are defective. Nevertheless, the Bush administration continues to prepare for war with Iraq, a country believed to have a large and dangerous stock of chemical and biological weapons. Tens of thousands of US soldiers will be issued defective chem/bio suits, many with holes or ripped seams. Retired Army Colonel David Hackworth will later recall: “When the Pentagon tried to trace down these bad suits, they couldn’t find them at all. So a trooper out in the… middle of a desert is putting on a suit, [and] he doesn’t know if he’s got a good one or a bad one. It’s, it’s kind of like Russian roulette.” [Carter, 2004, pp. 57]
Scott Muller. [Source: New York Times]Sometime in 2003, CIA General Counsel Scott Muller raises the idea of destroying videotapes of the interrogations of al-Qaeda leaders Abu Zubaida and Abd al-Rahim al-Nashiri during discussions in 2003 with Justice Department lawyers. But the Justice Department lawyers advise against destroying them. It is unknown what the basis for their advice is. Muller similarly approaches White House Deputy Chief of Staff Harriet Miers with the idea and she also advises him against it (see Between 2003-Late 2005). [New York Times, 12/8/2007]
After the US invades Iraq (see March 19, 2003), the US Department of Defense begins drastically curbing its oversight of private contractors providing logistical support to US troops, while at the same time ramping up its outsourcing of critical troop support jobs. The prime beneficiary of the Defense Department’s decisions is former Halliburton subsidiary KBR. While Army contracts will quadruple from $23.3 billion in 1992 to $100.6 billion in 2006, the Army halves its number of contract supervisors, from 10,000 in 1990 to 5,500 in 2007. As a result, fraud runs rampant (see October 2006 and Beyond). Subcontractor Christopher Cahill, whose company has spent a decade working under the LOGCAP logistics program, will say: “I think we downsized past the point of general competency. The point of a standing army is to have them equipped.” Cahill will serve 30 months in prison for fraud. A KBR spokeswoman will say, “Ethics and integrity are core values for KBR.”
Monitoring - Military auditors claim they closely monitor the various layers of KBR subcontractors who actually perform most of the LOGCAP work, but prosecutors will show that US-based auditors can manage reviews that are limited at best over the plethora of deals constantly being brokered between KBR and a host of multinational subcontractors. One of KBR’s Houston office buildings houses a 25-member team from the Defense Contract Audit Agency; in 2007 they will admit that they cannot perform any oversight because they have “no communications” with any “personnel on the ground” in Iraq or Kuwait.
Consequences - Without oversight, many KBR officials begin openly displaying and bragging about the Rolex watches, leather jackets, prostitutes, and other “perks” provided to them by Middle Eastern businessmen. “[T]he KBR guys weren’t shy about bragging about the fact that they were being treated to all that stuff,” according to Paul Morrell, whose firm the Event Source ran several mess halls as a KBR subcontractor. In return, subcontractors become indispensable to the logistical functioning of the Army, and throw their weight around. Former KBR subcontract manager Harry DeWolf will say that when subcontracts came up for renegotiation, the firms would say: “‘Fine, we’re going to pull out all of our people and equipment.’ They really had KBR and the government over the barrel.” [Chicago Tribune, 2/20/2008; Chicago Tribune, 2/21/2008]
An internal audit shows that the cutting-edge electronic surveillance system, DCSNet (see 1997-August 2007 and After), is unacceptably vulnerable to hacking and exploitation. The audit finds numerous security vulnerabilities, including the allowing of multiple and shared logins, a lack of firewall and antivirus software, and Windows-based vulnerabilities surrounding the operating system’s administrative functions. Steven Bellovin, a computer science professor and surveillance expert, says the risks from insiders are particularly worrisome. “The underlying problem isn’t so much the weaknesses here, as the FBI attitude towards security,” he says. The FBI assumes “the threat is from the outside, not the inside,” and believes that “to the extent that inside threats exist, they can be controlled by process rather than technology.” He considers the entire system at risk both from insiders and hackers from outside. “Any time something is tappable there is a risk,” Bellovin says. “I’m not saying, ‘Don’t do wiretaps,’ but when you start designing a system to be wiretappable, you start to create a new vulnerability. A wiretap is, by definition, a vulnerability from the point of the third party. The question is, can you control it?” [Wired News, 8/29/2007]
Republican 9/11 Commissioner Jim Thompson becomes involved in a scandal surrounding the Canadian media tycoon Conrad Black. Black is accused by shareholders and then the US Justice Department of appropriating money—tens of millions of dollars—that should have gone to shareholders for his own use, and of spending it on parties, private jets, and luxury homes. Thompson gets involved in the scandal because he was a director of Black’s company, Hollinger International, and also the chairman of the audit committee there, meaning that Thompson’s role is of great interest to prosecutors. Thompson spends a lot of time trying to extricate himself from the scandal and, according to author Philip Shenon, he “all but disappear[s] from the commission during the first year of the investigation.” This has a bad effect on the commission’s relations with Republicans in the House of Representatives, as Thompson is supposed to function as an unofficial liaison to them. As House Republicans have nobody on the commission who talks to them, they begin to attack it, in particular in April 2004 (see April 13-April 29, 2004). [Shenon, 2008, pp. 91-92]
Vice President Dick Cheney unilaterally exempts his office from Executive Order 12958, which established government-wide procedures for safeguarding classified national security information. [White House, 4/17/1995; Congress Committee On Oversight And Government Reform, 6/21/2007] It was amended by President Bush’s Executive Order 13292 (see March 25, 2003) to require that all agencies or “any other entity within the executive branch that comes into the possession of classified information” regularly report on their activities to the Information Security Oversight Office. [White House, 3/25/2003]
Vice President Not Part of Executive Branch, Cheney Argues - Cheney’s argument is that the vice president’s office is not part of the executive branch, and therefore has no legal obligation to report on its classification decisions as mandated by the order. Cheney justifies his position by noting that the vice president has a role in both the executive and legislative branches—the vice president is also president of the Senate—and the vice president’s office is not an agency. In May 2006, Cheney spokeswoman Lea Anne McBride will say, “This has been thoroughly reviewed and it’s been determined that the reporting requirement does not apply to [the office of the vice president], which has both legislative and executive functions.” (McBride does not say who reviewed the claim.)
Criticism - Others, such as government secrecy expert Steven Aftergood of the Federation of American Scientists, disagree. “It undermines oversight of the classification system and reveals a disdain for presidential authority,” he says. “It’s part of a larger picture of disrespect that this vice president has shown for the norms of oversight and accountability.” Around 80 agencies and entities must report annually to the National Archives; besides the Office of the Vice President, only the president’s Homeland Security Council and the president’s Foreign Intelligence Advisory Board have as yet failed to report on their activities. Aftergood will say: “Somebody made a decision that they don’t want to do what they used to do.… They have to explain why they stopped doing it, and they haven’t done that.” [ABC News, 6/21/2007] Law professor Garrett Epps observes: “The vice president is saying he doesn’t have to follow the orders of the president. That’s a very interesting proposition.” And Judicial Watch’s Paul Orfanedes says Cheney’s claim “seems most disingenuous.” [Cox News Service, 6/21/2007]
Retaliation For Attempt To Force Compliance - The National Archives’ Information Security Oversight Office (ISOO) will attempt in 2004 to conduct an inspection of Cheney’s offices pursuant to the executive order; Cheney’s staff will block the inspection, the first time since the ISOO’s inception in 1978 that one of its inspections has been thwarted. The National Archives will protest Cheney’s decision (see June 8, 2006 and January 9, 2007); Cheney will respond by attempting to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 ; ABC News, 6/21/2007] In June 2007, President Bush will announce that he never intended for either his or Cheney’s office to have to comply with the directive. [USA Today, 6/24/2007; Newsweek, 12/27/2007]
Issue Nothing More Than 'Kerfuffle' - In December 2007, Cheney will call the entire issue a “kerfuffle… is he or isn’t he; is he part of the executive branch, part of the legislative branch? And the answer really is, you’ve got a foot in both camps. I obviously work for the president. That’s why I’m sitting here in the West Wing of the White House. But I also have a role to play in the Congress as the president of the Senate. I actually get paid—that’s where my paycheck comes from, is the Senate. So I try to keep lines open to both sides of the Congress, both the House and the Senate.” [White House, 12/6/2007] However, Cheney sometimes asserts executive privilege, a function of the executive branch (see June 26, 2007 and June 29, 2007).
Entity Tags: Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration, Homeland Security Advisory Council, Lea Anne McBride, George W. Bush, Federation of American Scientists (FAS), Issuetsdeah, Garrett Epps, Steven Aftergood, Office of the Vice President, Paul Orfanedes
Timeline Tags: Civil Liberties
The Bush administration tries to convince 9/11 commissioner John Lehman that there are ties between Iraq and al-Qaeda. The attempts take place in a series of meetings at the White House and Pentagon, where Lehman meets with Vice President Dick Cheney, White House chief of staff Andy Card, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz. Lehman, a prominent Republican, was previously frozen out of politics by the administration due to his ties to John McCain, who ran for the Republican presidential nomination against George W. Bush in 2000. However, the administration officials encourage the meetings when they see Lehman is interested in the alleged connection between Iraq and Osama bin Laden, in the hopes that he will use his position on the 9/11 Commission to draw attention to the allegations. However, the White House says it cannot share all the intelligence it has about the ties, because it is too classified. Nevertheless, Lehman can take it on faith that the intelligence exists. Wolfowitz tells him, “Just wait until you see the evidence we’ve got.” Lehman will later say: “I got that from everybody I talked to: ‘Wait and see, just wait until you see the evidence.’” After it becomes clear to Lehman the alleged links are non-existent, he will comment, “I think they were all drinking their own bathwater.” [Shenon, 2008, pp. 178-180]
Former Green Beret Robert Bevelacqua, a Fox News military analyst and a part of the Pentagon’s propaganda operation to promote the Iraq war (see April 20, 2008 and Early 2002 and Beyond), is, along with other analysts, briefed about Iraq’s purported stockpiles of weapons of mass destruction. When he asks his briefer about “smoking gun” proof, the briefer admits, “We don’t have any hard evidence.” Bevelacqua and the other analysts are alarmed by the concession. Another analyst, retired Army lieutenant colonel Robert Maginnis, who works in the Pentagon for a military contractor, is at the same briefing. Maginnis later confirms Bevelacqua’s recollection, saying that he felt “very disappointed” and that he and the other analysts were being “manipulated” to believe in weapons that were not proven to exist. Yet Bevelacqua, Maginnis, and other analysts are firm in their on-air insistence that these weapons do indeed exist. Bevelacqua has started a new defense contracting business, the wvc3 Group, and hopes to win lucrative government contracts. “There’s no way I was going to go down that road and get completely torn apart,” he will later say. “You’re talking about fighting a huge machine.” [New York Times, 4/20/2008]
Jacques Ravel. [Source: New York Times / Brendan Smialowsk]In 2002, scientists mapped the anthrax genome in an attempt to generate new leads for the anthrax attacks investigation. Initially, the results are disappointing because the anthrax used in the letters, which is from the Ames strain, do not seem to differ in any way from the original Ames strain used in many laboratories (see Early-Late 2002). But around early 2003, an unnamed US Army microbiologist at USAMRIID, the US Army’s top bioweapons laboratory, makes a breakthrough. He discovers a morph (also known as a morphotype) that allows scientists to detect differences between the genetic structure of the anthrax used in the attacks and other anthrax. Jacques Ravel, a leading member of the scientific team at the The Institute for Genomic Research (TIGR) that is decoding the anthrax genome, is asked to decode more morphs. After two years, the team is able to decode a total of eight morphs. The head of TIGR will later comment that it was not clear why the FBI did not ask other laboratories to share the task and speed up the process. Other scientists working with the FBI select four of the morphs as having the most reliable unique genetic differences, known as indels. All of the anthrax letters used anthrax containing these four indels. The FBI finally has a unique signature for the anthrax used in the attacks and starts looking for laboratories that have used an exact match. [New York Times, 8/20/2008] Apparently, by early 2004 scientists already know enough to notice a discrepancy with a sample scientist Bruce Ivins has submitted to the investigation, and the FBI raids Ivins’s lab in July 2004 to seize more samples from him (see Early 2004 and July 16, 2004).
President Bush signs an executive order creating the Office of Global Communications (OGC—see July 30, 2002), whose mission is to “ensure consistency in messages that will promote the interests of the United States abroad, prevent misunderstanding, build support for and among coalition partners of the United States, and inform international audiences.” The OGC soon sends out a daily “Global Messenger” e-mail of talking points to administration officials, US embassies, Congress, and outside recipients. It organizes daily telephone conference calls to coordinate foreign policy messages among US government agencies and representatives of British Prime Minister Tony Blair. PR expert Sheldon Rampton later writes, “These activities may sound innocuous. The idea of ‘ensuring consistency’ is a cardinal rule of PR crisis communications, whose practitioners try whenever possible to make sure that all messages flow through a single, controlling channel. In practice, however, ensuring consistency leads to a concerted effort to enforce a ‘party line’ on all messages emanating from the US government, effectively silencing officials whose point of view contradicts the official institutional message.” [PRWatch, 4/2003; US State Department, 9/28/2004]
Two classified intelligence reports prepared for President Bush by the National Intelligence Council warn of the potential costly and bloody consequences of a US-led invasion of Iraq. The reports will be leaked to the press in September 2004 (see September 28, 2004). The assessments both predict that such an invasion will increase support for radical Islam, and deepen already-sharp societal divisions in Iraq to the point where violent internal strife is a strong likelihood. The assessments warn of a possible insurgency, either against the new Iraqi government, the US occupation forces, or both, and predict that “rogue elements” from the Saddam Hussein government may either join with existing terrorist organizations or begin independent insurgent operations. And, the assessments add, war and subsequent occupation is likely to increase sympathy across the Islamic world for some terrorist objectives, at least for a time. It is unlikely that Iraq will actually split into two or three disparate regions, the reports say, but violence between various ethnic and religious groups is almost inevitable unless the occupation forces prevent it. One assessment says that any efforts to build democracy in Iraq will be long, difficult, and potentially turbulent, with the nation always threatening to backslide into authoritarianism, Iraq’s traditional political model. [New York Times, 9/28/2004]
The Commission on Post-Conflict Reconstruction, a group affiliated with the Heritage Foundation’s Center for Strategic and International Studies, releases a report entitled “Play to Win,” which addresses the problem of reconstruction in post-invasion Iraq. The commission, a bipartisan group of retired military and civilian leaders, cautions: “Given the sheer complexity of post-conflict reconstruction efforts, developing a clear strategic plan of action is critical to success. Such a plan should articulate the US interests at stake, define US objectives for the intervention, and lay out the strategy for achieving these policy objectives, and a clear division of labor delineating who is responsible for what aspects of the plan’s implementation. Perhaps even more important than the plan itself is the strategic development and planning process, which allows key players to build working relationships, identify potential inconsistencies and gaps, synchronize their actions, and better understand their roles.” Unfortunately, the report concludes, the federal government lacks the mechanisms necessary for proper planning and coordination of such an effort. [Roberts, 2008, pp. 124-125]
US military commanders in Afghanistan request clarification and guidance from CENTCOM and the Joint Chiefs of Staff as to what interrogation techniques they can use against detainees in US custody. The commanders describe the techniques currently being employed and recommend that they be approved as official policy for Afghanistan operations. Some of the techniques had been approved by Defense Secretary Donald Rumsfeld for Guantanamo exclusively (see December 2, 2002); others had been rescinded altogether. Those officials ignore the request. After a time, the military commanders in Afghanistan will decide that “silence is consent,” and will adopt the techniques being used as “official policy.” [American Civil Liberties Union, 7/10/2006]
The NSA’s secret room in the AT&T switching center. [Source: PBS]Veteran AT&T technician Mark Klein (see July 7, 2009) takes an informal tour of his company’s facility on San Francisco’s Folsom Street (see Late 2002), along with three other technicians from his Geary Street offices. The tour, Klein will later say, is to introduce the four technicians to the Folsom Street staff, “because they were obviously eventually planning to bring us over there.” Klein learns that the rumors of a “secret room” in the facility are true (see Fall 2002). The secret room is on the facility’s sixth floor and is being built to house some sort of equipment, but Klein is unsure exactly what that equipment might be. Klein and the others see the outer door of the secret room, and a workman working on the door “suddenly [began talking to Klein and his colleages in a] very low voice like he didn’t want to be overheard. He felt like this was something secret, you know, and he didn’t know much about it, and he was saying: ‘None of us can go in there. It’s all secret.’ This was not only an affront to the technicians; it was a violation of union rules, because they were obviously planning to install telecommunications equipment, which is supposed to be the jurisdiction of the union technicians. We had a contract. So the technicians were not only angry about this secret thing that they’re not let in on, but also the fact that there’s work there that they’re excluded from. And they were told nothing about it. So that was it.” Klein is further surprised to learn that only a single non-union technician (whom he only identifies as “Ski,” an AT&T “field support specialist” who has been granted a security clearance by the National Security Agency (NSA)), is allowed to work in the secure room. No union technicians are allowed in, even though the installation work being done is specifically contracted to the union workers. “The regular technician work force was not allowed in the room,” Klein will later state. Klein deduces that this secret room is the long-rumored NSA installation he has been hearing about. Moreover, he notes with some alarm that the room is next door to the 4ESS phone switch, “the traditional workhorse used for AT&T long-distance calls.” Klein will write, “Now my mental alarm bells were ringing, but for the moment there was nothing to do but take some mental notes, particularly since it was not clear exactly what they [the NSA and AT&T] were doing.” [Wired News, 4/7/2006; Democracy Now!, 5/12/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 26-28] Klein will explain that he chooses not to say anything about his concerns because he is “scared for several reasons, one being, well, this is obviously secret. This is obviously some federal government secret operation that they don’t want nosy people nosing around in, and if I started asking questions I could get into trouble. Furthermore, our jobs were in jeopardy anyway, because [we] were always getting wind that they were planning to close our previous office at Geary Street, and I didn’t need to give them an excuse to fire me. So I thought after thinking about it that the best thing to do is not to say anything and just watch it.” [PBS Frontline, 5/15/2007] He later learns that similar cabinets are being installed in AT&T centers in other cities, including Seattle, San Jose, Los Angeles, and San Diego (see Late 2003). [Wired News, 4/7/2006] The Folsom Street facility is apparently connected to a more central surveillance facility operated out of one of AT&T’s main command centers in Missouri (see Late 2002-Early 2003).
Harriet Miers. [Source: Public domain via Wikipedia]White House official Harriet Miers is informed by CIA General Counsel Scott Muller that the CIA has made video recordings of detainee interrogations and is told that the CIA is considering destroying the tapes. She advises not to destroy them. [ABC News, 12/7/2007; New York Times, 12/8/2007] The CIA is canvassing opinion on whether the tapes can be destroyed, and it repeatedly asks Miers about what it should do with the videotapes (see November 2005), which are said to show questionable interrogation methods. These discussions are reportedly documented in a series of e-mails between the CIA and the White House. One person involved is CIA Acting General Counsel John Rizzo. Miers’ opinion is asked because the CIA apparently thinks its interrogation and detention program was “imposed” on it by the White House, so the decision about what to do with the tapes should be made “at a political level.” Miers continues to advise the CIA that the tapes should not be destroyed, but the CIA destroys them anyway in late 2005 (see November 2005). [Newsweek, 12/11/2007] It is unclear when this happens. One account says Miers is first consulted in 2003, another in 2005. Miers is deputy chief of staff to the President until early 2005, when she becomes White House Council. [New York Times, 12/19/2007] The CIA also asks other White House officials for their opinions, but there are contradictory reports of their advice (see (2003-2004)).
Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. [Washington Post, 12/26/2002; New Yorker, 2/27/2006] The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). [New Yorker, 2/27/2006]
Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]
North Korea announces that it is withdrawing from the Nuclear Nonproliferation Treaty (see December 12, 1985). Since its attempts to reopen diplomatic talks with the US were rejected (see October 27, 2002 and November 2002), it has announced its restarting of its nuclear energy program (see December 12, 2002) and expelled international inspectors (see December 31, 2002). Around this same time, it begins removing some 8,000 spent fuel rods from storage, a direct indication that it intends to restart its nuclear weapons program. This is a burgeoning crisis for the world, as North Korea is, in many experts’ view, the definition of a “rogue nation,” but the Bush administration refuses to recognize it as a crisis. In 2008, author J. Peter Scoblic will write, “President Bush, focused on Iraq, refused to label it as such.” North Korea has enough nuclear material to make six to eight nuclear weapons; some experts believe it already has one or two. With the inspectors gone, the world has no way to know what North Korea is doing with its spent fuel rods, or where they are being stored—removing the possibility that the US could destroy them with a targeted air strike. Bush’s response to the North Korean crisis is contradictory. While labeling it a member of the “axis of evil” (see January 29, 2002), and sometimes acting belligerently towards that nation (see March 2003-May 2003), he also insists that the US will not use military force to restrain North Korea’s nuclear ambitions. Diplomacy is the answer to the crisis, Bush says, but his administration refuses to talk to the North Koreans (see November 2002) until later in the month (see Mid-January 2003). [BBC, 12/2007; Scoblic, 2008, pp. 239-240, 242]
A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]
The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]
Shayna Steinger, a consular official who issued 12 visas to the 9/11 hijackers at the US Consulate in Jeddah, Saudi Arabia (see July 1, 2000), is interviewed by the State Department’s inspector general. The interview is part of a probe into the issuance of visas to the 9/11 hijackers and the questions asked are the standard ones put to all consular officers that issued visas to the hijackers. Steinger says:
This is only her second interview about what happened, the first being Congressional testimony in August 2002 (see August 1, 2002). She expresses surprise at this.
It did not matter that all the hijackers’ visa applications were incomplete, because Saudis were eligible for visas anyway.
She did not interview most of the hijackers she issued visas to and, even if she had interviewed them, she would probably have issued them with visas.
She did interview Hani Hanjour (see September 10, 2000 and September 25, 2000), and says he seemed “middle class” and not “well-connected.” In this context she adds that Saudis were not asked to provide documents to support their applications. It is unclear why she says this as she said in her Congressional testimony that Hanjour did have to provide documentation and had in fact provided it.
She criticizes David El-Hinn, the other consular officer issuing visas in Jeddah at the same time, for his high refusal rate (see Early Fall 2000).
After 9/11 Steinger wrote a cable saying that nothing had changed at the consulate in Jeddah, and she was criticized for this after the cable was leaked to the press. [Office of the Inspector General (US Department of State), 1/30/2003]
Carolyn Wood. [Source: CBC]On January 22, 2003, Capt. Carolyn A. Wood receives a Bronze Star for “exceptional meritorious service” as the head of military intelligence interrogators at Bagram. She and her small platoon of 15 interrogators from the 519th Military Intelligence Battalion returned from Afghanistan to their base at Fort Bragg, North Carolina earlier in the month. On May 8, 2003, Wood receives her second Bronze Star. [Knight Ridder, 8/21/2004] Wood was previously in charge of the US air base at Bagram, where detainees have alleged torture and where at least two detainees died as a result of physical abuse (see November 30-December 3, 2002)
(see December 26, 2002)
(see December 5-9, 2002). Wood and her battalion will be redeployed to Iraq and handle interrogations at the Abu Ghraib prison while abuses go on there (see July 15, 2003). She will implement nearly the same interrogation rules used in Bagram (see July 15, 2003).
Congress imposes some limitations on the Total Information Awareness program (see March 2002; November 9, 2002). Research and development of the program would have to halt within 90 days of enactment of the bill unless the Defense Department submits a detailed report about the program. The research can also continue if Bush certifies that the report cannot be provided. Congress also okays use of the program internationally, but it cannot be used inside the US unless Congress passes new legislation specifically authorizing such use. [New York Times, 1/24/2003; Los Angeles Times, 2/19/2003] However, a bill to completely stop the program has yet to pass. [Mercury News (San Jose), 1/17/2003; Los Angeles Times, 2/19/2003] Several days earlier, Senator Charles Grassley (R-IA) alleged that the Justice Department and FBI are more extensively exploring the use of the Total Information Awareness program than they have previously acknowledged. [Associated Press, 1/21/2003; Washington Post, 1/22/2003] Contracts worth tens of millions of dollars have been signed with private companies to develop pieces of the program. [Associated Press, 2/12/2003] Salon also reports that the program “has now advanced to the point where it’s much more than a mere ‘research project’.” [Salon, 1/29/2003]
The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]
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