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Context of 'January 3-27, 2008: McCain Repeatedly Suggests US Will Be in Iraq for ‘Maybe a Hundred Years’—Or Perhaps ‘a Thousand’'

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Marian Rippy.Marian Rippy. [Source: Cornell University]Salon will later call USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland, a “disaster area” in the early 1990s. Government documents “paint a chaotic picture of a poorly managed lab.” One problem is that after the Persian Gulf War ended in early 1991, USAMRIID phases out some projects that are no longer deemed important, but certain scientists refuse to quit doing their research. As a result, some scientists would sneak in after hours and/or on weekends to secretly continue their work.
Racial Harassment - In addition, there is considerable racial harassment between some scientists. A group of about six scientists form a group called the Camel Club and focus their anger on three Arab-American scientists, especially one named Ayaad Assaad. In December 2001, one member of the Camel Club, Philip Zack, is forced to leave USAMRIID after complaints about his behavior. Zack had been researching the simian immunodeficiency virus (SIV), and he continues to sneak back into USAMRIID to secretly continue his research. Other scientists let him in, while documents go missing and specimens are deliberately mislabeled in an attempt to hide unsanctioned work.
Anthrax, Ebola Go Missing - Worst of all, it appears some dangerous chemicals are taken out of USAMRIID, including anthrax. Lt. Col. Michael Langford takes over as head of USAMRIID’s experimental pathology division in February 1992, and an investigation into the problems there quickly begins. Langford notices that some scientists are using old specimens of anthrax to cover up unauthorized experiments with newer anthrax specimens. Some of the work being done after hours involves anthrax. Langford has particular troubles with Marian Rippy, another member of the Camel Club who is married but having an affair with Zack. In January 1992, a surveillance camera records Zack being let after hours by Rippy. She leaves shortly after Langford takes over. Around this time, the lab loses track of a total of 27 specimens, including anthrax and Ebola. Some scientists believe that some of the specimens could have still been viable after disappearing. The Ames strain of anthrax later used in the 2001 anthrax attacks (see October 5-November 21, 2001) is heavily used at USAMRIID, but it is unknown if any of the anthrax that is lost is of the Ames strain. After the 1992 investigation, some problems will continue. Two scientists who leave USAMRIID in 1997 will say that controls were still so lax when they left that it would not have been difficult for an employee to smuggle out biological specimens. [Hartford Courant, 1/20/2002; Salon, 1/26/2002]
Connection to Patsy Mooted - Shortly before the 2001 anthrax attacks become publicly known, the FBI will receive an anonymous letter saying that Assaad could launch a biological attack on the US (see September 26, 2001 and October 3, 2001). This will motivate some to speculate Assaad was set up as a patsy, possibly by his old enemies linked to the Camel Club. Speculation will particularly focus on Zack due to his unauthorized lab work after he stopped working there. Some will suspect a religious angle, guessing from his name that Zack was Jewish and hated Assaad, a Muslim. However, Zack’s wedding announcement says he was Catholic, and Assaad is Coptic Christian (see October 3, 2001). [Associated Press, 8/13/2008]

Entity Tags: Camel Club, Ayaad Assaad, Philip Zack, Marian Rippy, United States Army Medical Research Institute of Infectious Diseases, Michael Langford

Timeline Tags: 2001 Anthrax Attacks

USAMRIID logo.USAMRIID logo. [Source: US Army]Steven Hatfill, later suspected of being behind the 2001 anthrax attacks (see October 5-November 21, 2001), has a two-year contract working at USAMRIID, the US Army’s top biological laboratory, at Fort Detrick, Maryland. He has access to the most restricted Biosafety Level 4 laboratories, where scientists handle viruses in biohazard suits tethered to air supplies. There’s no evidence of him specifically working with anthrax at this time or any other time, however. His contract holds little meaning after February, when he had started working full time somewhere else. [Weekly Standard, 9/16/2002; Washington Post, 9/14/2003] It is later reported that the strain of anthrax used in the attacks could be no older than September 1999. [New York Times, 6/23/2002] While at USAMRIID, Hatfill also works on virology in a different building than where anthrax is studied, so the odds of Hatfill getting access to the type of anthrax used in the attacks at USAMRIID seems extremely small. [Weekly Standard, 9/16/2002] Although he is a relatively inexperienced scientist, he begins giving public and private lectures about the dangers of biological terrorist attacks, and gets some media coverage as a quoted bioweapons expert. [Washington Post, 9/14/2003]

Entity Tags: Steven Hatfill, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

A package containing a petri dish mislabeled “anthracks” is received at the B’nai B’rith headquarters in Washington, DC. The choice of B’nai B’rith may be meant to suggest Arab terrorists, because the building had once been the target of an assault by Muslim gunmen. The letter is signed, “The Counter Holocaust Lobbyists of Hillel,” which is similar wording to a known Holocaust denier. The dish does not contain anthrax but does contain bacillus cereus, a very close, non-toxic cousin of anthrax used by the US Defense Department. There are similarities to the later real anthrax attacks (see October 5-November 21, 2001), such as misspelled words—“penacilin,” in the case of the post-9/11 attacks. In July 2002, B’nai B’rith will say the FBI still has not asked it about this hoax anthrax attack. [New York Times, 8/13/2002; Vanity Fair, 9/15/2003]

Entity Tags: B’nai B’rith, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Steven Hatfill.Steven Hatfill. [Source: Baltimore Sun]In 1998, scientist Steven Hatfill writes and copyrights a novel depicting a biological terrorist attack on the US. This novel will be one reason why he will be suspected for the 2001 anthrax attacks (see October 5-November 21, 2001), before being eventually cleared of any role in those attacks after years of suspicion (see August 1, 2002 and June 27, 2008). The novel, entitled Emergence, depicts a bubonic plague attack by a Palestinian terrorist on the White House and Congress. The bacteria is released in the White House through sprayers installed in a wheelchair, sickening the US president and top Congressional leaders. The terrorist is said to be funded by the Iraqi government, and the novel ends with the US attacking Iraq and dropping a nuclear bomb on Baghdad in retaliation. Hatfill envisions the US media “whip[ping] the American public into a state of near total hysteria” over the attack. He apparently asks for help from friends to get the novel to a publisher or agent, but the help never materializes. The novel will remain on his computer until it is discovered in an FBI raid on his apartment in mid-2002. The FBI will leak details about it to the media in August 2002. [Associated Press, 8/14/2002] However, one detail will not be made public until an article in Vanity Fair one year later: in a short epilogue, a Russian mobster reveals that his own organization and not Iraq was responsible for the attack. The mobster says: “The reaction was as great as we had hoped for the entire focus of the American FBI has now shifted towards combating chemical / biological terrorism and this is allowing us to formulate the unprecedented expansion of our organization.” [Vanity Fair, 9/15/2003]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

A classified report discusses responses to an anthrax attack through the mail. The report, precipitated by a series of false anthrax mailings, is written by William Patrick, inventor of the US anthrax weaponization process, under a CIA contract. [New York Times, 12/3/2001] The report was commissioned by Steven Hatfill, a good friend of Patrick. [Baltimore Sun, 6/27/2002] The report describes what the US military could do and what a terrorist might be able to achieve. [New York Times, 12/3/2001] The similarities between what the report predicts and the anthrax attacks that eventually happen after 9/11 are startling (see October 5-November 21, 2001). The BBC later suggests the “possibility that there was a secret CIA project to investigate methods of sending anthrax through the mail which went madly out of control” and that the anthrax attacker knew of this study or took part in it. The CIA and William Patrick will deny the existence of this report, even though copies have been leaked to the media. [BBC, 3/14/2002; Baltimore Sun, 6/27/2002]

Entity Tags: William C. Patrick III, Steven Hatfill, Central Intelligence Agency

Timeline Tags: 2001 Anthrax Attacks

SAIC logo.SAIC logo. [Source: SAIC]In 2000, the US begins a secret project to train its special forces how to detect and disarm mobile biological weapons factories. One real mobile biological weapons factory is built, but not actually used to make weapons. US Delta Force units will use this factory in their training in the months before the 2003 Iraq war. The designer of the factory is Steven Hatfill, who will later be named as a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001) before being exonerated in 2008. Hatfill’s role in making the factory is one reason why he is later suspected in the anthrax attacks, even though there is no evidence the factory makes anthrax or any other kind of biological weapon, as the different components in it are never connected. Hatfill helps build the factory while working for Science Applications International Corporation (SAIC), a contractor for the US military and the CIA. He begins gathering parts to build it in 2000, and construction begins in September 2001, at a metalworking plant near Fort Detrick, Maryland. SAIC fires him in March 2002, after he fails to get a high-level security clearance and he comes under suspicion for the anthrax attacks. But Hatfill continues to work on the half-built factory on his own, for no pay, until it is finished later that year (see Autumn 2002). The factory is commissioned in 2000 apparently because US intelligence chooses to believe the claims of an Iraqi defector named Curveball, who falsely claims that Iraq has such mobile weapons factories (see January 2000-September 2001). [New York Times, 7/2/2003]

Entity Tags: Steven Hatfill, Science Applications International Corporation (SAIC)

Timeline Tags: 2001 Anthrax Attacks

Scientist Steven Hatfill, a future suspect in the October 2001 anthrax attacks (see October 5-November 21, 2001), loses his high-level Department of Defense security clearance. He had apparently misrepresented some things on his resume. He is working at a private company at this time (see 2000-2002), but no explanation is given to his employers. He is allegedly visibly angry over this. Some colleagues will later report suspicions about him to the FBI, thinking that his anger might have led him to send off the anthrax-laced letters. [Baltimore Sun, 7/18/2002; ABC News, 8/11/2002]

Entity Tags: Department of National Defense, Steven Hatfill, US Department of Defense

Timeline Tags: 2001 Anthrax Attacks

Richard Tubb.Richard Tubb. [Source: US Air Force]Dr. Richard Tubb, the White House physician, gives everyone on Air Force One a week’s worth of Cipro, a drug used to treat anthrax. [Politico Magazine, 9/9/2016] Air Force One, with President Bush on board, took off from Offutt Air Force Base in Nebraska at around 4:33 p.m. (see (4:33 p.m.) September 11, 2001). [CNN, 9/12/2001; Draper, 2007, pp. 143]
Doctor Is Concerned about a Possible Biological Attack - Tubb will later recall that as the plane is then flying toward Washington, DC, “The thing at that moment I was most worried about was a biologic [attack].” In order to protect the White House staffers on the plane in the “unlikely but high-risk scenario” of such an attack occurring, he decides there is “little harm” in giving them antibiotics. He therefore gives everyone on the plane—presumably including the president—a week’s worth of Cipro. [Politico Magazine, 9/9/2016] Cipro is an antibiotic that is commonly used to treat anthrax. [Forbes, 10/17/2001]
Passengers Are Given an Envelope Containing Cipro - Brian Montgomery, the White House’s director of advance, notices Tubb giving the drug to the passengers on Air Force One. He sees the doctor leaning over each person, whispering to them, patting them on the shoulder, and giving them a small envelope containing Cipro. When Tubb reaches Montgomery, he asks him, “How do you feel?” Montgomery says he feels fine. “You don’t feel disoriented?” Tubb asks and Montgomery says no. Tubb asks, “Have you ever heard of Cipro?” and comments, “We don’t know what might’ve been in that school”—referring to the Emma E. Booker Elementary School in Sarasota, Florida, which Bush visited this morning (see (8:55 a.m.) September 11, 2001)—“so we’re just being careful.” Montgomery asks what the drug is used for and Tubb replies, “In case it’s anthrax.” [Politico Magazine, 9/9/2016]
Doctor Will Later Be Pleased at His Actions - Letters containing anthrax spores will be sent to media organizations and US government offices later this month and in October, leading to five people dying and a further 17 people becoming ill but surviving (see October 5-November 21, 2001). [South Florida Sun-Sentinel, 12/8/2001; BBC, 9/25/2006; CNN, 2/19/2010; National Public Radio, 2/15/2011] Commenting on this, Tubb will reflect, “It was scary later realizing later that fall [that] anthrax wasn’t as unimaginable as we’d thought.” “I was suddenly real pleased with how we’d reacted on the plane,” he will say. [Politico Magazine, 9/9/2016] Tubb is director of the White House Medical Unit and physician to the White House. He oversees all healthcare services within the White House and Camp David, and aboard executive aircraft. [US Air Force, 7/2006] Later today, staffers accompanying Vice President Dick Cheney to Camp David (see Shortly After 10:00 p.m. September 11, 2001) will also be given Cipro, supposedly as “a precaution” (see Evening, September 11, 2001). [Associated Press, 10/23/2001]

Entity Tags: Richard Tubb, Brian Montgomery

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the days after the 9/11 attacks, white supremacist William Pierce, the leader of the neo-Nazi National Alliance (see 1970-1974 and 1978), tells a radio audience that the attacks could help fundamentally destabilize the US government: “Things are a bit brittle now. A few dozen more anthrax cases (see September 17-18, 2001 and October 5-November 21, 2001), another truck bomb in a well chosen location (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and substantial changes could take place in a hurry: a stock market panic, martial law measures by the Bush government, and a sharpening of the debate as to how we got ourselves into this mess in the first place.” On his Web site, Pierce says that “terrorism is not the problem,” and explains that the current terror threat is “the price for letting ourselves, our nation, be used by an alien minority to advance their own interests at the expense of ours.” Pierce, an outspoken anti-Semite, is referring to Jews as an “alien minority.” Many white supremacists have expressed their support for Islamist terrorists, including al-Qaeda, because of their common antipathy towards Jews. [David Neiwert, 6/17/2003]

Entity Tags: Bush administration (43), National Alliance, William Luther Pierce

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, US Domestic Terrorism

Bruce Ivins playing keyboards in a Celtic band.Bruce Ivins playing keyboards in a Celtic band. [Source: New York Times]Future anthrax attacks suspect Bruce Ivins expresses anger at the 9/11 attacks in e-mails.
First E-mail - On September 15, 2001, he writes in an e-mail to a friend: “I am incredibly sad and angry at what happened, now that it has sunk in. Sad for all the victims, their families, their friends. And angry. Very angry. Angry at those who did this, who support them, who coddle them, and who excuse them.”
Second E-mail - Ivins has been receiving psychological help since 2000, and in an e-mail on September 26, he makes reference to a group counseling session: “Of the people in my ‘group,’ everyone but me is in the depression/sadness/flight mode for stress. I’m really the only scary one in the group. Others are talking about how sad they are or scared they are, but my reaction to the WTC/Pentagon events is far different. Of course, I don’t talk about how I really feel with them—it would just make them worse. Seeing how differently I reacted than they did to the recent events makes me really think about myself a lot. I just heard tonight that bin Laden terrorists for sure have anthrax and sarin gas.” He also says in the same e-mail, “Osama bin Laden has just decreed death to all Jews and all Americans.”
Similar Wording with Anthrax Letters - The FBI will later consider this e-mail evidence that Ivins was behind the 2001 anthrax attacks (see October 5-November 21, 2001), even though feelings of anger after 9/11 were hardly unusual. The FBI will note the similarity of that last sentence and the text in anthrax letters sent around September 18 and October 9 that say “DEATH TO AMERICA” and “DEATH TO ISRAEL” (see September 17-18, 2001 and October 6-9, 2001). [Frederick News-Post, 8/7/2008]
Newspaper Reference - Ivins’s e-mail appears to at least partially be in reference to a newspaper article that day in the Washington Times. The article reports, “Intelligence officials say classified analysis of the types of chemicals and toxins sought by al-Qaeda indicate the group probably is trying to produce the nerve agent sarin, or biological weapons made up of anthrax spores.” [Washington Times, 9/26/2001]
Common Phrasing - In 2008, Salon columnist Glenn Greenwald will note that “‘Death to America’ and ‘Death to Israel’ were hardly some exotic or unique phrases the use of which by both Ivins and the anthrax attacker would constitute anything incriminating. To the contrary, those phrases were very common, and routinely appeared in press reports, particularly around the time of 9/11, for obvious reasons…” He will note that both exact phrases appeared in newspapers at the time, including mentions in the Chicago Tribune and Washington Post on September 27, one day after Ivins’s second e-mail. Greenwald will add: “[I]f anything is true, it’s that attributing to Islamic radicals the phrases ‘Death to America’ and ‘Death to Israel’ was a cliché, not some unique rhetorical fingerprint marking Ivins as the author of the anthrax letters. That’s almost certainly why the anthrax attacker invoked those images in the letters—because they were such common fears among Americans in the wake of 9/11.” [Salon, 8/6/2008]

Entity Tags: Glenn Greenwald, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

Former CIA Director James Woolsey makes a secret trip to Europe to find evidence that could link the Iraqi government to various terrorist attacks. Deputy Defense Secretary Paul Wolfowitz funds and supports his trip. He visits Wales in a fruitless search for evidence to link Iraq to the 1993 World Trade Center bombing (see Late September 2001). But he also looks for evidence tying Iraq to 9/11 and the anthrax attacks once they become publicly known in early October (see October 5-November 21, 2001). The Village Voice will later report, “Woolsey was also asked to make contact with Iraqi exiles and others who might be able to beef up the case that hijacker Mohamed Atta was working with Iraqi intelligence to plan the September 11 attacks, as well as the subsequent anthrax mailings.” [Village Voice, 11/21/2001] In late October, the Iraqi National Congress (INC), the exile group opposed to Saddam Hussein, says it recently held meetings in London with him. [Daily Telegraph, 10/26/2001] Woolsey is a prominent neoconservative and already has extensive links with the INC (see 2000). It is unknown exactly what Woolsey does in Europe, but his trip has an apparent effect on the media. In addition to numerous articles about Atta’s alleged Prague visit, some articles appear attempting to tie Atta and the Iraqi government to the anthrax attacks as well. For instance, on October 14, 2001, The Observer will report, “According to sources in the Bush administration, investigators are talking to Egyptian authorities who say members of the al-Qaeda network, detained and interrogated in Cairo, had obtained phials of anthrax in the Czech Republic.” [Observer, 10/14/2001] And in late October, the London Times will not only report that Atta was given a vial of anthrax in Prague, but that he met with Iraqi agents numerous times all over Europe (see October 27, 2001). But no hard evidence will emerge supporting any of these allegations pushed by Woolsey.

Entity Tags: Mohamed Atta, Iraqi National Congress, Saddam Hussein, James Woolsey, Paul Wolfowitz

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Neoconservative Influence, 2001 Anthrax Attacks

The contents of the anthrax letter addressed to Tom Brokaw. The contents of the anthrax letter addressed to Tom Brokaw. [Source: FBI]A letter addressed to news anchor Tom Brokaw at NBC News is mailed from Princeton, New Jersey. It is postmarked September 18, 2001, which means it is dropped into a mailbox either some time after 5 p.m. on September 17 or some time before 5 p.m. on September 18. The letter contains deadly anthrax spores and a short message in slanting block letters:
bullet 09-11-01
bullet THIS IS NEXT
bullet TAKE PENACILIN NOW
bullet DEATH TO AMERICA
bullet DEATH TO ISRAEL
bullet ALLAH IS GREAT
There is no return address and the word penicillin is misspelled. The letter is opened on October 12, turned over to the FBI the same day, and tests positive for anthrax the next day. Several days later, an employee at the New York Post is diagnosed with cutaneous anthrax. An unopened letter is found at the Post’s editorial office, addressed to “Editor.” It also is found to contain real anthrax and the exact same message as the Brokaw letter, and was postmarked on the same day and from the same location. That same week, an employee at CBS News and the infant son of an ABC News employee are diagnosed with anthrax infections, but no letters are found in their New York offices. It is presumed those letters are mailed with the other two, but are thrown away. Also, several employees at a Florida building containing the offices of the Sun, a tabloid, get sick with anthrax infections. However, no letter is found there either. The victims at the Sun suffer from the more deadly inhalation anthrax instead of cutaneous anthrax, suggesting that letter could be sent separately. That letter appears to be directed at the National Enquirer, another tabloid owned by the same company as the Sun, but was redirected to the Sun due to a recent relocation of the Enquirer’s offices. [New York Times, 12/5/2001; Vanity Fair, 9/15/2003] A second wave of anthrax letters follows in early October (see October 6-9, 2001).

Entity Tags: CBS News, New York Post, NBC News, National Enquirer, Tom Brokaw, ABC News

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The New York Times publishes an article by Sheryl Gay Stolberg entitled, “Some Experts Say US Is Vulnerable to a Germ Attack.” The article claims that the US “is inadequately prepared to confront bioterrorist attacks, according to a broad range of health experts and officials. The nation must develop new vaccines and treatments, they say, but it must also fortify its fragile public health infrastructure, the first line of defense in detecting and containing biological threats.” It further notes that since 9/11, “much of the discussion about bioterrorism has centered on a shortage of antibiotics and vaccines. But the bigger problem, officials agree, is a lack of basic public health infrastructure and preparedness that could thwart a terror attack or limit its effects. Doctors are poorly trained to recognize symptoms of infection with possible biological weapons, like plague and anthrax, which can resemble the flu.” Asha George, an expert on biological warfare, says, “We are not going to have a bomb fly out of the sky and land on somebody so that we can say, ‘Look, there’s a bomb, and we are all dying of anthrax.’ It is most likely going to be a covert release, and people will get sick and go to their hospitals, and the public health system will have to pick up on this.” Ironically, at the time this article is published, the 2001 anthrax attacks (see October 5-November 21, 2001) have already begun and some people have started to get sick but have not been properly identified as having anthrax infections (see September 22-October 2, 2001). The article notes that since shortly after 9/11, the Centers for Disease Control and Prevention have alerted state and local health departments to look for signs of illnesses that could be from a chemical or biological attack. The article also notes, “In the wake of the [9/11] attacks, some members of the public have developed intense fears of germ warfare, and are trying to stock up on their own supplies.” [New York Times, 9/30/2001]

Entity Tags: Asha George

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

After the October 2001 anthrax attacks (see October 5-November 21, 2001), government spending on bioweapons research skyrockets. For instance, the National Institutes of Health (NIH) spends $53 million on bioweapons research in 2001 and more than $1.6 billion in 2008. A total of more than $20 billion is spent on the field of research in the US from 2001 to 2008. When all projects underway in 2008 are completed, there will be ten times more space for working with the most dangerous substances, and thousands of additional scientists are working with deadly bioweapons agents. In 2008, research scholar Elisa Harris will comment that this surge in research using deadly germs “suggests that our biodefense program risks creating the very threat it is meant to fight.” [New York Times, 8/11/2008]

Entity Tags: United States National Institutes of Health, Elisa Harris

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Robert Stevens.Robert Stevens. [Source: Associated Press]The first case of anthrax infection, of Robert Stevens in Florida, is reported in the media (see October 3, 2001). Letters containing anthrax will continue to be received until October 19. After many false alarms, it turns out that only a relatively small number of letters contain real anthrax (see October 5-November 21, 2001). [South Florida Sun-Sentinel, 12/8/2001] In 2004, Washington Post columnist Richard Cohen will recall how a widespread sense of panic spread across the US over the next few weeks, as millions felt the anthrax could target them next. He will write, “People made anthrax-safe rooms, and one woman I know of had a mask made for her small dog. I still don’t know if that was a touching gesture or just plain madness.” He says, “The [9/11] terrorist attacks coupled with the anthrax scare unhinged us a bit—or maybe more than a bit.” But he will also mention that the panic quickly passed and was largely forgotten by most people. [Washington Post, 7/22/2004] Columnist Glenn Greenwald will later comment in Salon, “After 9/11 itself, the anthrax attacks were probably the most consequential event of the Bush presidency. One could make a persuasive case that they were actually more consequential. The 9/11 attacks were obviously traumatic for the country, but in the absence of the anthrax attacks, 9/11 could easily have been perceived as a single, isolated event. It was really the anthrax letters—with the first one sent on September 18, just one week after 9/11—that severely ratcheted up the fear levels and created the climate that would dominate in this country for the next several years after. It was anthrax… that created the impression that social order itself was genuinely threatened by Islamic radicalism.” [Salon, 8/1/2008]

Entity Tags: Tom Daschle, Patrick J. Leahy, NBC, Glenn Greenwald, New York Post, Richard Cohen

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2001 Anthrax Attacks, US Domestic Terrorism

The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. [Source: Reuters and Associated Press] (click image to enlarge)Two waves of letters containing anthrax are received by media outlets including NBC and the New York Post (see September 17-18, 2001), and Democratic senators Tom Daschle and Patrick Leahy (see October 6-9, 2001). The letters sent to the senators both contain the words “Death to America, Death to Israel, Allah is Great.” Five people die:
bullet October 5: Robert Stevens, 63, an employee at the Sun, a tabloid based in Florida.
bullet October 21: Thomas Morris Jr., 55, a postal worker in Washington, DC.
bullet October 22: Joseph Curseen Jr., 47, a postal worker in Washington, DC.
bullet October 31: Kathy Nguyen, 61, a hospital employee in New York City.
bullet November 21: Ottilie Lundgren, 94, of Oxford, Connecticut.
At least 22 more people get sick but survive. Thirty-one others test positive for exposure. As a result of these deaths and injuries, panic sweeps the nation. On October 16, the Senate office buildings are shut down, followed by the House of Representatives, after 28 congressional staffers test positive for exposure to anthrax (see October 16-17, 2001). A number of hoax letters containing harmless powder turn up, spreading the panic further. [South Florida Sun-Sentinel, 12/8/2001; Associated Press, 8/7/2008] Initially it is suspected that either al-Qaeda or Iraq are behind the anthrax letters (see October 14, 2001, October 15, 2001, October 17, 2001, and October 18, 2001). [Observer, 10/14/2001; BBC, 10/16/2001] However, by November, further investigation leads the US government to conclude that, “everything seems to lean toward a domestic source.… Nothing seems to fit with an overseas terrorist type operation (see November 10, 2001).” [Washington Post, 10/27/2001; St. Petersburg Times, 11/10/2001]

Entity Tags: Iraq, Federal Bureau of Investigation, Patrick J. Leahy, Tom Daschle, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

The message of the anthrax letter addressed to Tom Daschle.The message of the anthrax letter addressed to Tom Daschle. [Source: FBI]On October 9, two letters containing deadly anthrax spores are postmarked. One letter is sent to Senator Tom Daschle (D-SD) and the other is sent to Senator Patrick Leahy (D-VT). The letters are sent from a mailbox in Trenton, New Jersey. They could be sent any time after 5 p.m. on October 6 (the last pick up on the day, a Saturday), and before 5 p.m. on October 9. (There is no pickup on October 7, a Sunday, and October 8 is Columbus Day.) The letter to Daschle is opened by one of his staffers on October 15 (see October 15, 2001). It contains the message:
bullet 09-11-01
bullet YOU CAN NOT STOP US.
bullet WE HAVE THIS ANTHRAX.
bullet YOU DIE NOW.
bullet ARE YOU AFRAID?
bullet DEATH TO AMERICA.
bullet DEATH TO ISRAEL.
bullet ALLAH IS GREAT.
The writing is the same slanted, block style used in the earlier wave of anthrax letters (see September 17-18, 2001), and the content of the message is very similar. The letter to Leahy is mis-routed and not discovered until mid-November (see October 15, 2001). It contains the exact same message. Unlike the earlier wave of letters, both of these letters contain return addresses, but to bogus addresses in other New Jersey towns. The anthrax in the letters is also deadlier than the anthrax in the earlier letters. [Vanity Fair, 9/15/2003]

Entity Tags: Patrick J. Leahy, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The FBI allows the original batch of the Ames strain of anthrax to be destroyed, making tracing the type of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) more difficult. The Ames strain actually originates from a dead cow in Texas, but Iowa State University in Ames has kept many vials of Ames and other anthrax strains collected over more than seven decades. This entire collection is destroyed. It is unclear who wanted the collection destroyed or why. The FBI learned the anthrax used in the attack letters was the Ames strain on October 5 (see October 5, 2001), but this will not be publicly confirmed until October 25. The FBI denies it approved the destruction and say they only did not oppose it, but university officials say the FBI gave explicit approval. [New York Times, 11/9/2001; South Florida Sun-Sentinel, 12/8/2001] The Ames strain is one of 89 known varieties of anthrax and is commonly used in US military research. The Washington Post will later report that “The [Ames strain identification], as compelling as a human fingerprint, shifted suspicion away from al-Qaeda and suggested another disturbing possibility: that the anthrax attacks were the work of an American bioweapons insider.” The identification of the Ames strain focuses much attention on two top US Army bioweapons laboratories in particular that have heavily used Ames: USAMRIID in Maryland and Dugway Proving Ground in Utah (see Late 2001). [Washington Post, 9/14/2003]

Entity Tags: Dugway Proving Ground, United States Army Medical Research Institute of Infectious Diseases, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Vice President Dick Cheney suggests al-Qaeda could be behind the recent anthrax attacks (see October 5-November 21, 2001). Cheney tells PBS: “We know that [Osama bin Laden] has over the years tried to acquire weapons of mass destruction, both biological and chemical weapons. We know that he’s trained people in his camps in Afghanistan. For example, we have copies of the manuals that they’ve actually used to train people with respect to how to deploy and use these kinds of substances. So, you start to piece it altogether. Again, we have not completed the investigation and maybe it’s coincidence, but I must say I’m a skeptic.” He adds, “I think the only responsible thing for us to do is proceed on the basis that it could be linked.” [BBC, 10/13/2001] A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001).

Entity Tags: Al-Qaeda, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

The Observer reports that investigators of the anthrax attacks (see October 5-November 21, 2001) believe Iraq is the prime suspect. One CIA source says, “They aren’t making this stuff in caves in Afghanistan. ‘This is prima facie evidence of the involvement of a state intelligence agency. Maybe Iran has the capability. But it doesn’t look likely politically. That leaves Iraq.” [Observer, 10/14/2001] However, this theory only remains the predominant one for a few days. On October 19, the New York Times is dismissive of the Iraq theory and suggests al-Qaeda or a disgruntled American loner could be behind the attacks instead (see October 19, 2001). In November, the American loner theory will become predominant (see November 10, 2001). But in late 2002, with war against Iraq growing increasingly likely, the Iraq theory appears to make a comeback (see October 28, 2002).

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

At a press conference in Italy, President Bush says “there may be some possible link” between the recent anthrax attacks (see October 5-November 21, 2001) and al-Qaeda. He adds: “We have no hard data yet, but it’s clear that [Osama] bin Laden is a man who’s an evil man. He and his spokesmen are openly bragging about how they hope to inflict more pain on our country. So we’re watching every piece of evidence.” [CNN, 10/15/2001] A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001).

Entity Tags: George W. Bush, Osama bin Laden, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

Twenty-eight congressional staffers test positive for anthrax. The Senate office buildings are shut down, followed by the House of Representatives. [South Florida Sun-Sentinel, 12/8/2001] None of the staffers are killed by the anthrax attacks (see October 5-November 21, 2001).

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” [Woodward, 2002, pp. 244] No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.

Entity Tags: George J. Tenet, Bob Woodward, National Security Council, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Senator John McCain (R-AZ) appears on the Late Show with David Letterman. Asked on how the recent US invasion of Afghanistan is progressing, McCain says, “I think we’re doing fine… The second phase… the second phase is Iraq. There is some indication, and I don’t have the conclusions, but some of this anthrax may—and I emphasize may—have come from Iraq.… If that should be the case, that’s when some tough decisions are gonna have to be made.” [Think Progress, 8/1/2008]

Entity Tags: John McCain

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Former US soldier and UN weapons inspector Scott Ritter decries efforts to blame the recent anthrax attacks (see October 5-November 21, 2001) on the Iraqi government. Ritter was a UN weapons inspector in Iraq until 1998, when inspections stopped. He points out that during these inspections, Iraq’s biological weapons programs were completely dismantled. For instance, al Hakum, Iraq’s biological weapons production facility where all its anthrax was produced, was blown up and all its equipment was destroyed (see 1998). He also says that when Iraq did have an anthrax program, it exclusively used the Vollum strain of anthrax, whereas evidence already points to the likelihood that the anthrax attacks used the US-based Ames strain. Ritter concludes: “Those who have suggested that Iraq is the source of the anthrax used in the current attacks—including Richard Butler, a former chairman of the UN weapons inspection effort—merely fan the flames of fear and panic. There is no verifiable link whatever and it is irresponsible for someone of Mr Butler’s stature to be involved in unsubstantiated speculation.” [Guardian, 10/19/2001]

Entity Tags: Scott Ritter, Richard Butler

Timeline Tags: 2001 Anthrax Attacks

White House Press Secretary Ari Fleischer makes a comment about the recent anthrax attacks (see October 5-November 21, 2001). He says: “There is a suspicion that this is connected to international terrorists. Having said that, investigators also do not rule out that it could be something domestic, that it could be a lone person operating doing this, or it could be terrorism. The suspicion is that it is terrorism, but there is no hard evidence yet at this point to lead anybody who is investigating these matters to reach a conclusion on any of these sources.” [Voice of America, 10/23/2001] The same day, House Minority Leader Richard Gephardt (D-MO) echoes Fleisher’s comment and links the attacks to overseas terrorists. He says, “I don’t think there’s a way to prove that, but I think we all suspect that.” [US Department of State, 10/23/2001] In 2004, Washington Post columnist Richard Cohen will say that, at the time it was widely believed that the anthrax attacks were somehow connected to the 9/11 attacks several weeks before. He will cite Fleischer and Gephardt’s comments as one reason why so many made the connection. [Washington Post, 7/22/2004]

Entity Tags: Ari Fleischer, Richard Cohen, Richard Gephardt

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. [Washington Post, 10/27/2001] Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. [St. Petersburg Times, 11/10/2001]

Entity Tags: Central Intelligence Agency, Osama bin Laden, Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” [Wall Street Journal, 10/29/2001]

Entity Tags: Laurie Mylroie, Robert Bartley, James Woolsey

Timeline Tags: 2001 Anthrax Attacks

In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [New York Times, 11/8/2001]

Entity Tags: George W. Bush

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Th Los Angeles Times reports, “The FBI is increasingly convinced that the person behind the recent anthrax attacks is a lone wolf within the United States who has no links to terrorist groups but is an opportunist using the Sept. 11 hijackings to vent his rage…” The FBI is said to base this conclusion on “case studies, handwriting and linguistic analysis, forensic data and other evidence.” FBI investigators say they are looking for “an adult male with at least limited scientific expertise who was able to use laboratory equipment easily obtained for as little as $2,500 to produce high-quality anthrax.” They believe he is an “anti-social loner” who “has little contact with the public and carries deep-seated resentments but does not like direct confrontation.” However, these investigators admit that psychological profiling is a rough science, especially since they have little more than a small number of words written on the anthrax-laced letters. The letters appear to have tried to frame Muslims for the attacks. For instance, each letter contains the phrase “Allah is great.” Investigators say they are not completely ruling out an overseas connection to the letters, such as an Iraqi or Russian connection, but they consider it very unlikely. Investigators have not explained why they are so confident the attacks were caused by only one person. [Los Angeles Times, 11/10/2001]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

Asif Kasi.Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. [Washington Post, 11/15/2001; Newsweek, 8/4/2002; New York Times, 8/9/2008] Even a year later, an FBI spokesperson says the raids are still “a pending matter.” [Associated Press, 9/5/2002] Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. [New York Times, 8/9/2008]

Entity Tags: Asif Kazi, Masood Shaikh, Irshad Shaikh, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

A USAMRIID technician opening one of the anthrax letters in December 2001.A USAMRIID technician opening one of the anthrax letters in December 2001. [Source: Agence France-Presse / Getty Images]A front-page Washington Post story suggests that the Ames strain of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) likely originated from USAMRIID, the US Army’s top biological laboratory at Fort Detrick, Maryland, and was shared with only a small number of other labs. USAMRIID gave it to the Battelle Memorial Institute, in Columbus, Ohio; the University of New Mexico Health Sciences Center, in Albuquerque, New Mexico; the Defense Research Establishment Suffield, in Canada; the US Army Dugway Proving Ground, in Utah; and the Chemical Defense Establishment at Porton Down, Britain. These in turn sent it to seven more labs, for a total of a dozen. But only five labs received the virulent form, and some of these may have received strains that were too old to have been the Anthrax used in the mailings, since it is known the anthrax used was two years old or less. [Washington Post, 11/30/2001; New York Times, 6/23/2002]

Entity Tags: United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

Shortly after the October 2001 anthrax attacks (see October 5-November 21, 2001), suspicions focus on USAMRIID, the US Army’s top biological laboratory, as one of the few places where people would have the skills to make the anthrax. In December 2001, one USAMRIID scientist raises the issue of possible anthrax contamination in the lab. Another USAMRIID scientist, Bruce Ivins, takes it upon himself to investigate. He discovers traces of anthrax near his desk, which is away from the lab facilities where he and others work with anthrax and other dangerous substances. He swabs the area clean and decontaminates it. Then he delays filing a report about this for three months. The FBI is suspicious of this, and begins to consider Ivins as a possible suspect. But in sworn statements to the Army in May 2002, Ivins says he avoided filing a report because he did not want to cause an uproar in the facility with people worrying that they were contaminated. He also suggests that a sloppy lab technician could have spread anthrax from secured work spaces to unsecured ones including the desk area. The Army finishes a 300-plus page report that same month. The report concludes the anthrax contamination was accidental and not potentially deadly, and no discipline is recommended against anyone. But after Ivins’s death in 2008, the unnamed officer who wrote the report will say: “Of course I think [Ivins’s cleaning of the area] was a cover-up.… He was trying to clean up the material” used in the anthrax letters. The report is made available to the FBI, but it is unknown if the FBI makes use of it at the time. By this time, the FBI is more interested in investigating former USAMRIID scientist Steven Hatfill and they put aside their concerns about Ivins. Instead, Ivins remains deeply involved in assisting the FBI’s anthrax investigation (see April 2002). [ABC News, 8/1/2008; Los Angeles Times, 8/15/2008]

Entity Tags: Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Richard Smith]In mid-October 2001, investigators mistakenly believe that the anthrax letters were mailed from somewhere in West Trenton, New Jersey and are said to have narrowed down the location of the mailbox to a one square mile radius. [New York Times, 10/19/2001] But around December 2001, contamination at a New Jersey postal processing center indicates that the letters in the anthrax attacks (see October 5-November 21, 2001) had been mailed on one of a limited number of routes near Princeton, New Jersey. However, seven months pass before FBI investigators test hundreds of mailboxes and identify the mailbox where the letters were mailed from. Congressman Rush Holt (D-NJ), whose congressional district includes the area where the letters were mailed from, will later say that he was surprised by how slow and shoddy the investigation was. He will point out, “Within two days they could have dispatched 50 people to wipe all those mailboxes.” He will also say that he was surprised when anthrax was found in his Congressional office in October 2001, but investigators never returned to conduct systematic testing to trace the path of the anthrax spores. [New York Times, 8/4/2008] The FBI tests about 600 mailboxes for several weeks and finds and removes the right one in early August. It is located in Princeton, New Jersey, on the corner of Nassau and Bank Streets and opposite the Princeton University campus. [New York Times, 8/14/2002] However, there are doubts that the right mailbox was identified (see August 14, 2002).

Entity Tags: Rush Holt, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The FBI is now investigating “whether potential profit from the sale of anthrax medications or cleanup efforts may have motivated” the anthrax attacks (see October 5-November 21, 2001). Battelle, a company doing anthrax work for the CIA, mostly at the Battelle Memorial Institute in Ohio, is the company most discussed in a Washington Post story about this. Dozens of scientists at Battelle have been interviewed by the FBI already because it is one of only a few places where weaponized anthrax has been made. [Washington Post, 12/21/2001] The story comes one day after ABC News reported a Battelle scientist is under investigation for the anthrax attacks, but that story is quickly denied (see September 18-28, 2001).

Entity Tags: Battelle, Battelle Memorial Institute, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Senator John McCain (R-AZ), speaking before US troops on the aircraft carrier USS Theodore Roosevelt in the Arabian Sea, shouts out, “Next stop, Baghdad!” [New York Times, 8/16/2008]

Entity Tags: John McCain

Timeline Tags: Events Leading to Iraq Invasion

Barbara Hatch Rosenberg.Barbara Hatch Rosenberg. [Source: Public domain]In February 2002, Dr. Barbara Hatch Rosenberg claims in a public speech at Princeton University that she knows the identity of the killer behind the 2001 anthrax attacks (see October 5-November 21, 2001). Rosenberg is a professor of molecular biology at the State University of New York at Purchase, and a biological arms control expert. She states: “There are a number of insiders—government insiders—who know people in the anthrax field who have a common suspect. The FBI has questioned that person more than once… so it looks as though the FBI is taking that person very seriously.” She also claims that the FBI is not that interested in going after this suspect because “[t]his guy knows too much, and knows things the US isn’t very anxious to publicize” (see February 8, 2002). In June 2002, she puts out a paper that details her theory about this suspect. She states that “a number of inside experts (at least five that I know about) gave the FBI the name of one specific person as the most likely suspect.” That same month, she presents her ideas to Senators Tom Daschle and Patrick Leahy, both of whom had been targeted in the anthrax attacks. She also is invited to brief the Senate Judiciary Committee and the Senate Intelligence Committee (see June 24, 2002). Immediately after this, the FBI searches Hatfill’s home while reporters watch, putting him in the public eye as a possible suspect (see June 25, 2002). Rosenberg later denies ever mentioning Hatfill by name. However, one reporter later claims that Rosenberg had specifically given Hatfill’s name as the lead suspect. Furthermore, the description of her suspect exactly matches Hatfill. Hatfill will later blame Rosenberg for the FBI’s interest in him. He will say: “She’s crazy. She caused it.” [Washington City Paper, 7/25/2003] In 2008, Hatfill will be officially cleared of any involvement in the anthrax attacks (see August 8, 2008).

Entity Tags: Steven Hatfill, Patrick J. Leahy, Barbara Hatch Rosenberg, Federal Bureau of Investigation, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks

In June 2001, Ahmed Alhaznawi visited the emergency room of Holy Cross Hospital in Fort Lauderdale, Florida, and was treated for a skin lesion. He was accompanied by Ziad Jarrah. In October 2001, after a series of mysterious anthrax attacks in the US became front-page news (see October 5-November 21, 2001), the treating doctor told the FBI he recognized the two hijackers and thought the wound was consistent with cutaneous anthrax exposure. However, the FBI discounted the possibility that the anthrax attacks originated with the hijackers or al-Qaeda. In March 2002, the New York Times reports that FBI spokesman John Collingwood “said the possibility of a connection between the hijackers and the anthrax attacks had been deeply explored. ‘This was fully investigated and widely vetted among multiple agencies several months ago… Exhaustive testing did not support that anthrax was present anywhere the hijackers had been.’” [New York Times, 3/23/2002] The FBI is criticized by the neoconservative Weekly Standard for focusing its investigation on a possible domestic perpetrator rather that Iraq or al-Qaeda: “Based on the publicly available evidence, there appears to be no convincing rationale for the FBI’s nearly exclusive concentration on American suspects. And the possibility is far from foreclosed that the anthrax bioterrorist was just who he said he was: a Muslim, impliedly from overseas.” [Weekly Standard, 4/29/2002] In March 2002 it is also reported that US forces in Afghanistan have discovered installations that could have been used by al-Qaeda to produce biological weapons. “US forces recently discovered a site near the southern Afghan city of Kandahar that appeared to be an al-Qaeda biological weapons lab under construction. At the lab, ‘there was evidence of the attempt, by bin Laden, to get his hands on weapons of mass destruction, anthrax, or a variety of others,’ Gen. Tommy Franks, head of the US Central Command, said… in an interview.” [CBS News, 3/23/2002] However, little new evidence will subsequently come out suggesting al-Qaeda was behind the October 2001 anthrax attacks.

Entity Tags: Ahmed Alhaznawi

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

ABC News will later report that the FBI begins suspecting scientist Bruce Ivins for the 2001 anthrax attacks (see October 5-November 21, 2001) in early 2002. The FBI first begins to suspect Ivins in April when it is discovered he had failed to quickly report anthrax had been found near his desk, away from the laboratory area where he usually works with anthrax. Ivins claims he did not report the leak in a timely manner because he did not want to cause an uproar (see December 2001-May 2002). One of Ivins’s colleagues will later confirm that Ivins knew he had been under suspicion for years, and hired a criminal defense lawyer not long after the attacks. However, the FBI is already focusing their suspicions on a different scientist, Steven Hatfill (see February-June 2002), and largely dismisses concerns about Ivins. Ivins had passed a polygraph test (see Winter 2001), and directly assists the FBI with the anthrax investigation (see Mid-October 2001). Not only does he help analyze the anthrax letters, but he participates in strategy meetings on how to find the person responsible. [ABC News, 8/1/2008] Court documents will later claim that Ivins also repeatedly offers the FBI names of colleagues at USAMRIID who might be potential suspects in the attacks. In a 2007 search of his house, the FBI will find an e-mail from 2002 in which he names two fellow scientists and gives 11 reasons for their possible guilt. He sent the email from a personal account to his Army account, but it is not known if he sent it to anyone else. The FBI will later claim he was attempting to mislead the investigation. [New York Times, 8/7/2008; Wall Street Journal, 8/7/2008] Brad Garrett, a former FBI agent involved in the anthrax investigation, will later say, “If he in fact was the correct person, he was actually put in charge of analyzing the evidence of his own crime.” [ABC News, 8/1/2008]

Entity Tags: Brad Garrett, Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Nicholas Kristof.Nicholas Kristof. [Source: Publicity photo]Columnist Nicholas Kristof writes a series of articles in the New York Times suggesting that Steven Hatfill could be responsible for the 2001 anthrax attacks (see October 5-November 21, 2001). His columns start out vague. In his first column on the subject on May 24, 2002, he speaks of an unnamed “middle-aged American who has worked for the United States military bio-defense program and had access to the labs at Fort Detrick, Maryland. His anthrax vaccinations are up to date, he unquestionably had the ability to make first-rate anthrax, and he was upset at the United States government in the period preceding the anthrax attack.” [New York Times, 5/24/2002] Kristof writes in his next column: “Some in the biodefense community think they know a likely culprit, whom I’ll call Mr. Z. Although the bureau has polygraphed Mr. Z, searched his home twice and interviewed him four times, it has not placed him under surveillance or asked its outside handwriting expert to compare his writing to that on the anthrax letters.” [New York Times, 7/2/2002] His next column suggests Mr. Z could have been behind a fake anthrax scare in 1997 (see April 24, 1997). [New York Times, 7/12/2002] In his final column, he reveals that Mr. Z is in fact Steven Hatfill, the FBI’s prime suspect at the time. Kristof writes: “There is not a shred of traditional physical evidence linking him to the attacks. Still, Dr. Hatfill is wrong to suggest that the FBI has casually designated him the anthrax ‘fall guy.’ The authorities’ interest in Dr. Hatfill arises from a range of factors, including his expertise in dry biological warfare agents, his access to Fort Detrick labs where anthrax spores were kept (although he did not work with anthrax there) and the animus to some federal agencies that shows up in his private writings. He has also failed three successive polygraph examinations since January, and canceled plans for another polygraph exam two weeks ago.” [New York Times, 8/13/2002] Many of the allegations in Kristof’s articles will turn out to be incorrect. The US government will finally clear Hatfill of any connection to the anthrax attacks in 2008 (see August 8, 2008).

Entity Tags: Steven Hatfill, Nicholas Kristof

Timeline Tags: 2001 Anthrax Attacks

The FBI names Steven Hatfill as a “person of interest” in the anthrax attacks (see October 5-November 21, 2001), the first person to be so named. The same day, the FBI conductis a second search of his house after tipping the media off in advance (see August 1, 2002). [Associated Press, 8/1/2002; London Times, 8/2/2002] CBS News initially reports: “Federal law enforcement sources told CBS News that Dr. Steven Hatfill was ‘the chief guy we’re looking at’ in the probe. The sources were careful not to use the word suspect, but said they were ‘zeroing in on this guy’ and that he is ‘the focus of the investigation.’” But later in the day their story is changed and that text is removed. Instead, Hatfill is referred to as “a bio-defense scientist on the FBI’s radar screen for months who’s now emerged as a central figure in the anthrax investigation.” [CBS News, 8/1/2002] On the same day, Barbara Hatch Rosenberg, one of the world’s top anthrax specialists, is interviewed by FBI agents who ask her whether a team of government scientists could be trying to frame Hatfill. Rosenberg has been very publicly critical of the FBI investigation. [Washington Times, 8/3/2002] She actually appears to be a key figure in getting the FBI to focus on Hatfill in the first place (see February-June 2002). Newsweek follows with a lengthy article purporting to detail the entire anthrax investigation, but it focuses entirely on Hatfill and fails to mention others involved in suspicious activities. [Newsweek, 8/4/2002] The Washington Post does a similar story focusing on Hatfill only, and even claims the US biowarfare program ended decades ago, despite revelations in late 2001 that it is still continuing. [Washington Post, 8/4/2002] Attorney General John Ashcroft calls Hatfill a “person of interest” on August 6. [Los Angeles Times, 6/29/2008]

Entity Tags: Barbara Hatch Rosenberg, United States Army Medical Research Institute of Infectious Diseases, John Ashcroft, Steven Hatfill, Philip Zack, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Roscoe Howard Jr.Roscoe Howard Jr. [Source: Associated Press]Newsweek reports that bloodhounds have recently been used in the search for the killer in the 2001 anthrax attacks (see October 5-November 21, 2001). Supposedly, the dogs were presented with “scent packs” lifted from anthrax-tainted letters mailed the year before, even though the letters had long since been decontaminated. The dogs reportedly showed no reaction wherever they were sent, except when taken to the apartment of anthrax suspect Steven Hatfill, where the dogs reportedly become agitated and go “crazy.” It is said they showed similar reactions at the apartment of Hatfill’s girlfriend and a Denny’s restaurant in Louisiana where Hatfill had eaten the day before. [Newsweek, 8/4/2002] However, three days later, the Baltimore Sun reports that managers at all 12 of the Denny’s in Louisiana say they have not been visited by federal agents with bloodhounds. Furthermore, three veteran bloodhound handlers are interviewed and say they are skeptical that any useful scent could have remained on the letters after so much time, as well as after the decontamination. Former officer and bloodhound handler Weldon Wood says, “Anything is possible. But is it feasible, after this length of time and what the letters have been through? I would doubt it.” The Sun suggests, “the possibility exists that the story was a leak calculated to put pressure on Hatfill.” [Baltimore Sun, 8/8/2002] Investigators will later conclude that the dogs’ excitement is useless as evidence. Van Harp, the FBI official in charge of the anthrax investigation, and Roscoe Howard Jr., the US attorney for Washington, DC, will later admit they leaked the bloodhound story to Newsweek. [Los Angeles Times, 6/29/2008]

Entity Tags: Van Harp, Steven Hatfill, Federal Bureau of Investigation, Roscoe Howard Jr.

Timeline Tags: 2001 Anthrax Attacks

It is reported on ABC World News Tonight that Steven Hatfill is “known as a person who has worked around anthrax experts, although the FBI concedes he could not himself make anthrax, does not have what they call ‘the bench skills’ to make it.” Hatfill is the FBI’s only publicly named suspect in the 2001 anthrax attacks at this time (see October 5-November 21, 2001 and August 1, 2002). [ABC News, 8/11/2002] But despite this, the FBI will continue to focus on Hatfill for years and apparently will not even consider the possibility of accomplices.

Entity Tags: Federal Bureau of Investigation, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

A picture of Steven Hatfill’s apartment after the FBI went through it.A picture of Steven Hatfill’s apartment after the FBI went through it. [Source: Alex Wong / Getty Images]Anthrax attacks (see October 5-November 21, 2001) suspect Steven Hatfill releases photos he claims show that the FBI “trashed” his girlfriend’s apartment. The photos “evoked an uneasy sense of recognition among law enforcement experts,” who have seen these kinds of strong armed tactics when the FBI is desperate for a conviction. “Veteran FBI-watchers suggest the Bureau, looking at Steven Hatfill off and on for nearly a year, does not have the goods on him. Law enforcement sources confirm he passed a polygraph test administered by the FBI last fall… Apparent absence of evidence suggests either incompetence at the level of false accusations in the 1996 Atlanta Olympic Park bombing—or something worse.” [New York Post, 8/3/2002]

Entity Tags: Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

In autumn 2002, US Delta Force units train on a mobile biological weapons factory to prepare them for dealing with mobile biological weapons factories in Iraq. The factory is just like the factories the US accuses the Iraqi government of having but which it does not have. The chief designer of the factory is Steven Hatfill, who is also the FBI’s main suspect at the time for the 2001 anthrax attacks (see October 5-November 21, 2001). Hatfill began designing the factory while working for Science Applications International Corporation (SAIC), a contractor for the US military and the CIA. He begins gathering parts to build it in 2000, and construction began in September 2001, at a metalworking plant near Fort Detrick, Maryland. SAIC fired him in March 2002, after he failed to get a high-level security clearance and he came under suspicion for the October 2001 anthrax attacks. But Hatfill continues to work on the half-built factory on his own, for no pay, until it is finished later that year. Once it is done, Hatfill continues to advise the US military about it, and sometimes supervises Delta Force training exercises on it at Fort Bragg, North Carolina. However, at the same time, the Justice Department and the FBI is heavily investigating Hatfill for the anthrax attacks, and there is a conflict between agencies over Hatfill’s continued role with the factory. The FBI wants to confiscate the factory, but the military will not give it up. Its equipment includes a fermenter, a centrifuge, and “a mill for grinding clumps of anthrax into the best size for penetrating human lungs,” according to experts familiar with it. However, its components are not connected and it is never used to make lethal germs. The FBI examines the unit but finds no anthrax spores or any other evidence linking it to the anthrax attacks. [New York Times, 7/2/2003] Hatfill will be cleared of any connection to the anthrax attacks in 2008 (see June 27, 2008).

Entity Tags: Federal Bureau of Investigation, Science Applications International Corporation (SAIC), Steven Hatfill, 1st Special Forces Operational Detachment--Delta

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

The FBI searches Steven Hatfill’s house for anthrax residue for a third time. Hatfill had moved out several weeks earlier. He is the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). [MSNBC, 9/11/2002]

Entity Tags: Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Peter Jennings reports on ABC News’ World News Tonight, “The FBI tells ABC News it is very confident that it has found the person responsible” for the 2001 anthrax attacks (see October 5-November 21, 2001). Reporter Brian Ross explains, “That’s right, Peter, Steven Hatfill. And while there’s no direct evidence, authorities say they are building what they describe as a growing case of circumstantial evidence.” [Salon, 8/10/2008] In 2008, Hatfill will be exonerated and given a large cash settlement after a federal judge states there “is not a scintilla of evidence” linking him to the anthrax attacks (see June 27, 2008).

Entity Tags: Federal Bureau of Investigation, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

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).

Entity Tags: Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Senate Majority Leader Tom Daschle (D-SD) responds to conservative radio host Rush Limbaugh’s accusations that Daschle and Congressional Democrats are guilty of treason by not supporting the Bush administration’s push for war with Iraq (see November 15, 2002). Daschle calls Limbaugh “and all of the Rush Limbaugh wannabees” of having “a shrill edge,” and says of his listeners: “They want to act because they get emotionally invested. And so, you know, the threats to us in public life go up dramatically (see October 5-November 21, 2001), and on our families and on us in a way that’s very disconcerting. You know, we see it in foreign countries. And we think, well my God, how can this religious fundamentalism become so violent? Well, it’s the same shrill rhetoric. It’s that same shrill power that motivates. They—you know, they—that somebody says something, and then it becomes a little more shrill the next time, and then more shrill the next time.” Some media observers, such as the Washington Post’s Howard Kurtz, later say that such responses from their political targets merely elevate figures such as Limbaugh in their listeners’ eyes. [Jamieson and Cappella, 2008, pp. 157]

Entity Tags: Tom Daschle, Howard Kurtz, Rush Limbaugh

Timeline Tags: Events Leading to Iraq Invasion

The cover of ‘Bush at War.’The cover of ‘Bush at War.’ [Source: Amazon (.co.uk)]Author and famed reporter Bob Woodward’s book Bush at War is published.
Unprecedented Access - Woodward, who made his reputation uncovering the Watergate conspiracy from 30 years before (see June 15, 1974), is no longer an unknown young reporter working to find sources that will confide in him. Now he is an established Washington insider. For this book, Woodward was granted “unprecedented access” to Bush administration officials, including notes from National Security Council meetings and two long interviews with President Bush himself, far more access than even that granted to the 9/11 Commission and Congressional inquiries into other events of interest. Former Republican House Speaker Newt Gingrich will find this level of access inexplicable, saying that “it makes no sense for an administration that has jealously guarded its executive privilege to allow a reporter the access it denies to members of Congress.”
Hagiographic Account - The Observer’s Peter Preston calls Woodward’s book a “more-or-less instant study of the White House after 9/11,” and writes that while Woodward could have created “a classic of investigative journalism,” instead he gave us a compendium of “painful, obsessively useless detail” that generally paints the picture the White House wants painted. If Woodward’s book is to be believed, Preston writes, the Colin Powell moderates and the Dick Cheney hawks “had their snappy moments, but they’re OK-ish now.” CIA Director George Tenet “is a far-sighted man” who not only immediately divined that Osama bin Laden was behind the attacks, but while the towers were still burning, wondered if the attacks had anything to do with “that guy taking pilot training,” Zacarias Moussaoui. Iraq war planner General Tommy Franks usually feels “finer than the hair on a frog’s back.” Former President Clinton’s “weak-willed men used to ‘pound the desert’ ineffectually, while his brilliant successors like to hit something, if at all possible.” And President Bush “is bright and talented and eloquent and decisive,” who runs National Security Council meetings himself and knows all he needs to know about the state of the world (Woodward quotes Bush as saying, “I’m not a textbook player—I’m a gut player”). Both Preston and author Frank Rich accuse Woodward of “burnishing” Bush’s image at the expense of the truth. A few potentially embarrassing tidbits manage to poke their way through what both Preston and Rich call the “hagiography,” mostly relating to senior administration officials’ lack of knowledge about Afghan tribal politics and the lack of evidence tying Saddam Hussein to the 9/11 attacks. But all told, the book seems to tell a clear story: where Clinton was indecisive, Bush is forthright; where Clinton muddled around with bin Laden and Middle East terrorism, Bush is taking the war straight into the heart of the Islamist redoubt. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] The book gives such a favorable impression of Bush and his administration that the Republican National Committee will recommend it on its Web site. [New York Times, 11/12/2006]
Selective Reporting - The administration officials who talked to Woodward are painted in largely glowing terms, while those who did not (including Attorney General John Ashcroft and Homeland Security head Tom Ridge) are, in Preston’s words, “written out of the script.” Potentially embarrassing incidents such as the administration’s complete failure to find the source of the anthrax mailings of 2001 (see September 17-18, 2001 and October 5-November 21, 2001) and the ineffective roundup of thousands of Middle Eastern “terror suspects” after 9/11 (see Late November, 2001) are ignored entirely. The pivotal Afghan battle of Tora Bora, where bin Laden was allowed to escape US clutches (see Mid-November 2001-Mid-December 2001), gets two paragraphs. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] Guardian reviewer Peter Symon notes that Woodward even fails to ask the most “obvious questions” about the 9/11 attacks, instead accepting the administration’s accounts of events and its responses as absolute and unquestionable. [Guardian, 1/29/2003] Rich notes that Woodward grants Bush and his officials tremendous individual credence, taking their word on one issue after another without question: for example, when Bush calls investigative journalist Seymour Hersh “a liar,” Woodward takes Bush’s word without giving Hersh a chance to respond. More generally, Woodward never asks the obvious follow-up questions. Bush explains why the US didn’t attack Afghanistan and Iraq simultaneously after the 9/11 attacks: “If we tried to do too many things… militarily, then… the lack of focus would have been a huge risk.” Rich notes, “The follow-up question that was not to be found in Bush at War was simple enough: If it was a huge risk to split our focus between Saddam and al-Qaeda then, why wasn’t it now?” Preston concludes: “Maybe the Woodward of three decades ago would have given [the Bush administration more intense scrutiny]. No longer. Today’s Woodward, eight bestsellers later, skates breathlessly from interview to interview and notepad to notepad without ever, seemingly, stopping to think, ‘Why am I being told all this? What does it mean?’ It isn’t investigation, just cross-referenced compilation.” [Observer, 12/1/2002; Rich, 2006, pp. 66-67]

Entity Tags: Peter Preston, National Security Council, John Ashcroft, Frank Rich, Bob Woodward, Bush administration (43), Newt Gingrich, Thomas Franks, Peter Symon, George W. Bush, Republican National Committee, Seymour Hersh, Richard (“Dick”) Cheney

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Bruce Ivins working as a Red Cross volunteer in 2003.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]

Entity Tags: Miriam Fleming, Federal Bureau of Investigation, Bruce Ivins, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

Scientist Steven Hatfill files a lawsuit against Attorney General John Ashcroft, the Justice Department, and FBI, saying his constitutional rights have been violated. Hatfill has been named by the FBI as a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001), but has not been charged or officially declared a suspect. His attorneys claim the FBI deliberately tipped off the media to searches of his house to hide the fact that the anthrax investigation was making little progress. They say 24-hour surveillance and wiretaps violated his privacy (see July 2002-Late 2003). [CNN, 8/26/2003] In 2008, Hatfill will settle out of court and receive nearly $6 million in compensation from the government (see June 27, 2008).

Entity Tags: Steven Hatfill, John Ashcroft, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: 2001 Anthrax Attacks

On February 2, 2004, the deadly toxin ricin is detected on an automatic mail sorter in the Senate office building mailroom that serves the office of Senate Majority Leader Bill Frist (R-TN). Subsequent tests confirm the substance is ricin. No one gets ill. Some buildings are closed, but Senate business continues as usual. It is presumed that the ricin arrived in a letter, but the letter is not found, leaving few clues. [CNN, 2/4/2004] About two months later, it is reported that laboratories are continuing to analyze the ricin in an attempt to determine where it came from, but no suspects or likely motives have been identified. In October 2004, two letters were intercepted in South Carolina and Tennessee containing real ricin. Letters were found with the ricin objecting to new rules for truckers. One letter was intended to go to the Department of Transportation and another to the White House. But it is unknown if there is any connection between those letters and the ricin in Frist’s office, although Frist represents Tennessee. It is also unknown if there is any connection to the 2001 anthrax attacks (see October 5-November 21, 2001). According to the Associated Press, “Unlike anthrax spores, ricin requires little scientific training to engineer and is not nearly as dangerous to handle.” [Associated Press, 3/31/2005]

Entity Tags: Bill Frist

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

On February 11, 2004, the FBI interviews at least one scientist from the Environmental Protection Agency (EPA) in connection with the 2001 anthrax attacks (see October 5-November 21, 2001). The name of the person interviewed is not known, but he is asked whether he wrote an anonymous letter to the FBI that possibly set up scientist Ayaad Assaad as a patsy for the attacks just before they occurred (see October 3, 2001). Assaad worked at USAMRIID, the US Army’s top bioweapons laboratory, until 1997, and has worked at the EPA since then. The unnamed scientist says that he had nothing to do with the letter. It appears this person is possibly subjected to a polygraph test after this, but if so the results are not known. [Hartford Courant, 2/17/2004] On March 17, 14 additional EPA employees are interviewed about the letter. The interviews are said to focus on trying to find out who wrote it. [Washington Times, 3/30/2004]

Entity Tags: Federal Bureau of Investigation, Ayaad Assaad

Timeline Tags: 2001 Anthrax Attacks

Rene Lerner, a deputy assistant attorney general in the Office of Legal Counsel (OLC), and Justice Department lawyer Adrien Silas send a memo to Assistant Attorney General William Moschella. The memo will remain classified, but the American Civil Liberties Union (ACLU) will learn that it pertains to the so-called “McCain Amendment,” later known as the Detainee Treatment Act (see December 15, 2005). President Bush will sign the bill into law, but will include a signing statement that states the administration will not follow the law because it impinges on the president’s constitutional authority to conduct military operations (see December 30, 2005). It is unclear whether Bush’s signing statement is influenced by the memo. [ProPublica, 4/16/2009]

Entity Tags: Detainee Treatment Act, Adrien Silas, American Civil Liberties Union, US Department of Justice, Rene Lerner, Office of Legal Counsel (DOJ), George W. Bush, William E. Moschella

Timeline Tags: Civil Liberties

Kenneth Berry.Kenneth Berry. [Source: Public domain]On August 5, 2004, FBI agents target Dr. Kenneth Berry for a role in the 2001 anthrax attacks (see October 5-November 21, 2001). Agents raid his home and former apartment in Wellsville, New York, as well as his parents’ apartment in New Jersey. Agents cordon off streets and search the residences wearing biochemical protective suits. This becomes a highly publicized media spectacle. But Berry is not charged or arrested. The raids are the culmination of an 18-month investigation. For instance, in July, dozens of his associates were interviewed. Berry apparently panics and gets in a fight with his wife and stepchildren. A restraining order prevents him from returning home and he is eventually divorced. He also loses his job. By October 2004, government officials say their investigation has uncovered nothing that would implicate him in the anthrax attacks, but he is not officially cleared of suspicion.
Unusual Background as WMD Expert - Berry is a licensed physician working in a hospital. But in 1997, he formed an organization named Preempt, which promoted training for first responders to protect against a WMD attack. By 1999, Berry had risen in prominence and was meeting with prominent experts and politicians about WMD threats, including some US senators and former CIA Director James Woolsey. He was also working on inventions for systems to detect the release of germ weapons, but none of his inventions are successfully developed. In late 2000, he attended a two-day course on using anthrax and other germs as weapons, taught by bioweapons expert William Patrick. His organization Preempt slowly fizzled in importance, but he continued to consider himself a freelance WMD expert. [New York Times, 10/3/2004]
Investigators Lose Interest, but Name is Never Cleared - The Associated Press will comment in 2008, “investigators seemed to lose interest in Berry quickly,” but he lost his job and his wife in the process. He has never spoken about the experience, but a friend will say, “Since things quieted down, he’s put his life back together again and he’s in a stable environment right now.… As far as I know, he just wants his name cleared as publicly as it was smeared.” [Associated Press, 8/7/2008]

Entity Tags: Kenneth Berry, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

An aerial view of USAMRIID in 2005.An aerial view of USAMRIID in 2005. [Source: Sam Yu / Frederick News-Post]By the end of March 2005, the FBI clearly suspects Bruce Ivins for the 2001 anthrax attacks (see October 5-November 21, 2001). Ivins works at USAMRIID, the US Army’s top bioweapons laboratory, and his lab was raided by the FBI to find Ivins’ anthrax samples (see July 16, 2004). He has been questioned about suspicious behavior around the time of the attacks and since (see March 31, 2005). Yet Ivins is still allowed to work with anthrax and other deadly germs at USAMRIID. McClatchy Newspapers will report in August 2008, “[A] mystery is why Ivins wasn’t escorted from [USAMRIID] until last month when the FBI had discovered by 2005 that he’d failed to turn over samples of all the anthrax in his lab, as agents had requested three years earlier.” In 2003, USAMRIID implemented a biosurety program that required all scientists working there to undergo regular intrusive background checks, which includes disclosure of mental health issues. They also have to undergo periodic FBI background checks to retain their security clearances. Jeffrey Adamovicz, head of USAMRIID’s bacteriology division in 2003 and 2004, will later say that USAMRIID officials knew at least by late 2006 that Ivins was a suspect, yet he maintained his lab access and security clearances until July 10, 2008, shortly before his suicide later that month (see July 10, 2008 and July 29, 2008). Adamovicz will say, “It’s hard to understand if there was all this negative information out there on Bruce, why wasn’t it picked up in the biosurety program or by law enforcement.” [McClatchy Newspapers, 8/7/2008] By contrast, anthrax attacks suspect Steven Hatfill lost his security clearance in 2001 after it was discovered he had misrepresented some items on his resume (see August 23, 2001).

Entity Tags: Steven Hatfill, Jeffrey Adamovicz, United States Army Medical Research Institute of Infectious Diseases, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

Senator John McCain (R-AZ) introduces an amendment to the annual legislation to fund the Defense Department. McCain’s amendment, co-sponsored by Senate Armed Services Committee chairman John Warner (R-VA) and Senator Lindsey Graham (R-SC), a former military lawyer, states that military interrogators cannot exceed the limits on detainee treatment set forth in the US Army Field Manual. In essence, the amendment would prohibit the use of harsh interrogation techniques that many, including McCain, feel constitute torture. The Field Manual limits were specifically written to comply with the Geneva Conventions. The amendment also prohibits US officials, including CIA agents, from inflicting not just torture but any form of “cruel, inhuman, and degrading treatment” on anyone in their custody, no matter where in the world the prisoner is being kept. The amendment, later known as the McCain Amendment or the McCain Torture Ban, becomes the subject of fierce, largely private negotiations between McCain and the White House. Vice President Cheney quickly lobbies friendly Republicans in Congress to oppose the amendment, and has private meetings with Warner and McCain. At Cheney’s behest, Senate Majority Leader Bill Frist (R-TN) withdraws the entire bill from consideration rather than allow it to pass with the McCain amendment attached. [Savage, 2007, pp. 220-221]

Entity Tags: Geneva Conventions, Bill Frist, Central Intelligence Agency, Detainee Treatment Act, Richard (“Dick”) Cheney, John McCain, US Department of Defense, Lindsey Graham, John W. Warner

Timeline Tags: Civil Liberties

The Washington Post reports that four years after the 2001 anthrax attacks (see October 5-November 21, 2001), the FBI investigation is growing cold. [Washington Post, 9/16/2005] A New York Times article from the same day also concludes the investigation has stalled. The FBI has found itself on the defensive amid claims that they publicly smeared Steven Hatfill when lacking other viable suspects. [New York Times, 9/16/2005]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Senator John McCain (R-AZ), an ardent opponent of torture by US officials (see November 21, 2005), continues to press an amendment to a $440 billion defense appropriations bill that prohibits cruel, inhuman, and degrading treatment of prisoners held in US captivity (see July 24, 2005 and After). The bill also posits the US Army Field Manual as the uniform standard for interrogations by any Defense Department personnel. The Field Manual is being revised, and Pentagon sources have claimed the revisions will include a section on the importance of following the Geneva Conventions. The amendment is facing stiff opposition from the White House, which asserts that it would encroach on the power of the president as the commander in chief, and would threaten national security by reducing the ability of military interrogators to obtain critical intelligence from prisoners. On the floor of the Senate, McCain reads a letter from former Secretary of State Colin Powell, who had opposed Vice President Cheney on the issue of torture. Powell writes: “Our troops need to hear from Congress. The world will note that America is making a clear statement with respect to the expected future behavior of our soldiers.” McCain himself calls the White House’s legal theories on torture “strange,” and warns that enemies could use America’s justifications of torture as justifications for the torture of US captives. “We are Americans and we hold ourselves to humane standards of treatment of people no matter how evil or terrible they may be,” he says. Terrorists “don’t deserve our sympathy. But this isn’t about who they are. This is about who we are. These are the values that distinguish us from our enemies.” The White House continues to oppose the amendment. President Bush threatens to veto the entire bill, and Cheney circulates pro-torture talking points to friendly Congressional Republicans. Cheney, with CIA Director Porter Goss in tow, asks McCain to exempt CIA officials from the anti-torture amendment at the discretion of the president; McCain refuses. McCain is bolstered by a letter signed by over two dozen retired generals urging Congress to pass the amendment, including Powell and former Joint Chiefs chairman General John Shalikashvili. The amendment passes the Senate 90 to nine. However, the House leadership, steered by Speaker Dennis Hastert (R-IL), refuses to allow the amendment into the House version by refusing to let the House vote on it at all. It will take a House-Senate conference committee to decide the fate of the amendment. [Dubose and Bernstein, 2006, pp. 195; Savage, 2007, pp. 221]

Entity Tags: George W. Bush, Bush administration (43), Colin Powell, Dennis Hastert, US Department of Defense, Richard (“Dick”) Cheney, John McCain, Porter J. Goss, John M. Shalikashvili

Timeline Tags: Civil Liberties

The White House continues to fight against the McCain anti-torture amendment (see October 1, 2005). Vice President Cheney and CIA Director Porter Goss meet privately with Senator John McCain (R-AZ), the primary sponsor of the amendment, for 45 minutes to push a change in the language that would exempt CIA interrogators from the amendment’s restrictions. In 2007, author and reporter Charlie Savage will write on the remarkable aspects of Cheney’s requests. For the first time, the CIA would be “clearly authorize[d] to engage in abusive interrogations. In effect, it would legalize the abuse of detainees in CIA prisons, a matter that had previously been a gray area at best.” McCain flatly rejects Cheney’s proposal, and later says: “I don’t see how you could possibly agree to legitimizing an agent of the government engaging in torture. No amendment at all would be better than that.” [Savage, 2007, pp. 220]

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), Central Intelligence Agency, Porter J. Goss, John McCain, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Cheney appears at the weekly Republican senatorial luncheon in the Capitol and speaks against the McCain anti-torture amendment (see October 1, 2005 and October 20, 2005). He argues that CIA interrogations of high-value al-Qaeda prisoners have produced valuable information, and the president needs the power and flexibility to use torture against prisoners in order to fight terrorism and protect the nation. Senator John McCain (R-AZ), the primary sponsor of the amendment, counters Cheney’s arguments during the same luncheon, arguing that the idea of the US torturing prisoners damages its standing with its international allies. [Savage, 2007, pp. 220] The next day, the Washington Post will publish an expose of the CIA’s secret prison network (see November 2-18, 2005), causing a firestorm of criticism and sparking a former Bush administration official to say that the “philosophical guidance” behind the torture of prisoners comes directly from Cheney’s office (see November 3, 2005).

Entity Tags: Bush administration (43), Richard (“Dick”) Cheney, John McCain

Timeline Tags: Torture of US Captives

McCain speaking against torture on Fox News.McCain speaking against torture on Fox News. [Source: Daily Gadfly (.com)]Senator John McCain (R-AZ), a former prisoner of war during the Vietnam War and a victim of torture, writes an impassioned op-ed for Newsweek exhorting the US not to resort to torture in its interrogations of terror suspects. He writes: “I do, respectfully, take issue with the position that the demands of this war require us to accord a lower station to the moral imperatives that should govern our conduct in war and peace when they come in conflict with the unyielding inhumanity of our vicious enemy.… We should not torture or treat inhumanely terrorists we have captured. The abuse of prisoners harms, not helps, our war effort.”
Produces False Information - He gives numerous reasons: abusing prisoners does not produce reliable information, but instead “often produces bad intelligence because under torture a person will say anything he thinks his captors want to hear—whether it is true or false—if he believes it will relieve his suffering.” McCain recounts his own example of providing false information under torture, giving his captors the names of the Green Bay Packers’ offensive line instead of the names of his flight squadron. “It seems probable to me that the terrorists we interrogate under less than humane standards of treatment are also likely to resort to deceptive answers that are perhaps less provably false than that which I once offered.”
Betrays America's 'Commitment to Basic Humanitarian Values' - Moreover, McCain writes, America’s “commitment to basic humanitarian values affects—in part—the willingness of other nations to do the same. Mistreatment of enemy prisoners endangers our own troops who might someday be held captive.” We cannot expect al-Qaeda and other such enemies to be “bound by the principle of reciprocity,” but “we should have concern for those Americans captured by more traditional enemies, if not in this war then in the next.” Global public criticism of North Vietnam’s brutality towards US prisoners resulted in a substantial decrease in their abuse of POWs. The war against terrorism is “a war of ideas,” he writes, “a struggle to advance freedom in the face of terror in places where oppressive rule has bred the malevolence that creates terrorists. Prisoner abuses exact a terrible toll on us in this war of ideas. They inevitably become public, and when they do they threaten our moral standing, and expose us to false but widely disseminated charges that democracies are no more inherently idealistic and moral than other regimes.” To defeat the idea of terrorism, “we must prevail in our defense of American political values as well. The mistreatment of prisoners greatly injures that effort.”
'We Are Different and Better than Our Enemies' - McCain writes that while he does not “mourn the loss of any terrorist’s life… [w]hat I do mourn is what we lose when by official policy or official neglect we allow, confuse, or encourage our soldiers to forget that best sense of ourselves, that which is our greatest strength—that we are different and better than our enemies, that we fight for an idea, not a tribe, not a land, not a king, not a twisted interpretation of an ancient religion, but for an idea that all men are created equal and endowed by their Creator with inalienable rights.”
Waterboarding Is Torture - McCain states flatly that any interrogation technique that simulates an execution, including waterboarding, is torture. “[I]f you gave people who have suffered abuse as prisoners a choice between a beating and a mock execution, many, including me, would choose a beating. The effects of most beatings heal. The memory of an execution will haunt someone for a very long time and damage his or her psyche in ways that may never heal. In my view, to make someone believe that you are killing him by drowning is no different than holding a pistol to his head and firing a blank. I believe that it is torture, very exquisite torture.”
Exceptions Do Not Require New Laws - There is always the extreme circumstance bandied about in discussions: what should be done with a terror suspect who holds critical information about an imminent terrorist attack? While such an extreme circumstance may well require extreme interrogation methods, McCain writes, “I don’t believe this scenario requires us to write into law an exception to our treaty and moral obligations that would permit cruel, inhumane, and degrading treatment. To carve out legal exemptions to this basic principle of human rights risks opening the door to abuse as a matter of course, rather than a standard violated truly in extremis. It is far better to embrace a standard that might be violated in extraordinary circumstances than to lower our standards to accommodate a remote contingency, confusing personnel in the field and sending precisely the wrong message abroad about America’s purposes and practices.” [Newsweek, 11/21/2005]

Entity Tags: John McCain

Timeline Tags: Torture of US Captives

The Army adopts a new, classified set of interrogation methods that some feel may change the nature of the debate over cruel and inhuman treatment of detainees in US custody. The Detainee Treatment Act (DTA—see December 30, 2005), which bases its definition of torture in part on Army standards, is currently wending its way through Congress. The new set of instructions are being added to the revised Army Field Manual, after they are approved by undersecretary of defense Stephen Cambone. The addendum provides exact details on what kinds of interrogation procedures can and cannot be used, and under what circumstances, pushing the legal limit of what interrogations can be used in ways that the Army has never done before. Some military observers believe that the new guidelines are an attempt by the Army to undercut the DTA, and many believe the bill’s sponsor, Senator John McCain (R-AZ) will be unhappy with the addendum. “This is a stick in McCain’s eye,” one official says. “It goes right up to the edge. He’s not going to be comfortable with this.” McCain has not yet been briefed on the contents of the new guidelines. McCain spokesman Mark Salter says, “This is politically obtuse and damaging. The Pentagon hasn’t done one molecule of political due diligence on this.” One Army officer says that the core of the definition of torture—what is and is not “cruel, inhumane, and degrading” treatment—“is at the crux of the problem, but we’ve never defined that.” The new Army Field Manual specifically prohibits such tactics as stress positioning, stripping prisoners, imposing dietary restrictions, using police dogs to intimidate prisoners, and sleep deprivation. The new manual is expected to be issued before the end of the year. [New York Times, 12/14/2005] The day after this is reported, President Bush agrees not to veto the DTA (see December 15, 2005).

Entity Tags: Stephen A. Cambone, Detainee Treatment Act, US Department of Defense, John McCain, US Department of the Army

Timeline Tags: Torture of US Captives, Civil Liberties

The Bush administration relents in its opposition to the Detainee Treatment Act (DTA), which would ban torture of prisoners by US personnel (see July 24, 2005 and After and December 30, 2005). President Bush meets with the bill’s primary sponsor, Senator John McCain (R-AZ), and John Warner (R-VA), chairman of the Senate Armed Service Committee, in a press conference to praise the bill. McCain says after the conference that the bill “is a done deal.” The bill still faces some opposition from Congressional Republicans such as House Armed Services Committee chairman Duncan Hunter (R-CA), who says he won’t vote for the bill unless it can be amended to ensure that the nation’s ability to gather intelligence is not diminished. Both the House and Senate have voted by veto-proof margins to accept the bill, which is actually an amendment to a defense appropriations bill. McCain says after the conference with Bush and Warner, “We’ve sent a message to the world that the United States is not like the terrorists. We have no grief for them, but what we are is a nation that upholds values and standards of behavior and treatment of all people, no matter how evil or bad they are.” Bush says the ban “is to make it clear to the world that this government does not torture and that we adhere to the international convention of torture, whether it be here at home or abroad.” McCain has been the target of months of vilification and opposition from the White House over the bill, which argued that the bill would limit Bush’s authority to protect the US from terrorist attacks, and that the bill is unnecessary because US officials do not torture. [CNN, 12/15/2005]
Loopholes - But the bill contains key loopholes that some experts believe significantly waters down the bill’s impact. Author Alfred McCoy, an expert on the CIA, notes that the bill as revised by White House officials does not give any real specifics. Attorney General Alberto Gonzales will assert that the only restrictions on prisoner interrogations are the ban on “severe” psychological or physical pain, “the same linguistic legerdemain that had allowed the administration to start torturing back in 2002” (see August 1, 2002). Gonzales also implies that practices such as waterboarding are not prohibited. [TomDispatch (.com), 2/8/2006]
Legal Cover - A provision of the bill inserted after negotiation with White House officials says that CIA and military officials accused of torture can claim legal protection by arguing that they were simply following the orders of their superiors, or they have a reasonable belief that they are carrying out their superiors’ wishes. McCain dropped the original provision that all military personnel must follow the stringent guidelines for interrogation laid out in the Army Field Manual; the bill now follows the Uniform Code of Military Justice, which says that anyone accused of violating interrogation rules can defend themselves if a “reasonable” person could conclude they were following a lawful order. McCain resisted pressure from the White House to include language that would afford interrogators accused of torture protection from civil or criminal lawsuits. [CNN, 12/15/2005; Associated Press, 12/15/2005]
Controversial Amendment - Perhaps even more troubling is an amendment to the bill that would essentially strip the judiciary’s ability to enforce the ban. The amendment, originally crafted by senators Lindsey Graham (R-SC) and Jon Kyl (R-AZ) and added to by Carl Levin (D-MI), denies Guantanamo detainees the right to bring legal action against US personnel who torture or abuse them—effectively denying them the fundamental legal right of habeas corpus. It also gives the Defense Department the implicit ability to consider evidence obtained through torture or inhumane treatment in assessing detainees’ status. Human Rights Watch (HRW) says that the DTA marks the first time in history that Congress would allow the use of evidence obtained through torture. HRW’s Tom Malinowski says, “With the McCain amendment, Congress has clearly said that anyone who authorizes or engages in cruel techniques like water boarding is violating the law. But the Graham-Levin amendment leaves Guantanamo detainees no legal recourse if they are, in fact, tortured or mistreated. The treatment of Guantanamo Bay detainees will be shrouded in secrecy, placing detainees at risk for future abuse.… If the McCain law demonstrates to the world that the United States really opposes torture, the Graham-Levin amendment risks telling the world the opposite.” [Human Rights Watch, 12/16/2005] Geoffrey Corn, a retired Army lieutenant colonel and Judge Advocate General lawyer, agrees. In January 2006, he will write that the “recent compromise inclusion of an ‘obedience to orders’ defense… has effectively undermined the goal Senator John McCain fought so long to achieve. Instead of sending a clear message to US forces that cruel, inhumane, or degrading treatment of detainees is never permissible, the compromise has validated President Bush’s belief that the necessities of war provide the ultimate ‘trump card’ to justify ‘whatever it takes’ in the war on terror.” [Jurist, 1/6/2006]

Entity Tags: Tom Malinowski, Lindsey Graham, US Department of Defense, Jon Kyl, Uniform Code of Military Justice, John McCain, John W. Warner, Geoffrey Corn, Alberto R. Gonzales, Bush administration (43), Alfred McCoy, Carl Levin, Detainee Treatment Act, Central Intelligence Agency, Human Rights Watch, Duncan Hunter

Timeline Tags: Torture of US Captives, Civil Liberties

After months of opposition and a recent, clandestine rewriting of the bill (see Before December 30, 2005), President Bush signs the Detainee Treatment Act (DTA) into law, effectively outlawing torture by government and military officials (see December 15, 2005). However, Bush also inserts a signing statement into the record reserving for himself the right to ignore the law under his powers as commander in chief if he judges that torturing a prisoner is in the interest of national security (see December 30, 2005). Signing statements have no legal status, but serve to inform the nation as to how the president interprets a particular law. In this case, Bush writes that he will waive the restrictions on torture if he feels it is necessary to protect national security. “We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment,” says a senior administration official, but under unusual circumstances—a “ticking time bomb” scenario, for example, where a detainee is believed to have information that could prevent an imminent terrorist attack, Bush’s responsibility to protect the nation will supersede the law. Law professor David Golove is critical of the White House’s position, saying: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’ They don’t want to come out and say it directly because it doesn’t sound very nice, but it’s unmistakable to anyone who has been following what’s going on.” Bush has issued numerous signing statements signaling his intent to flaunt the law in the areas of domestic surveillance, detaining terrorist suspects without due legal process, and previous legislation forbidding the torture of prisoners. Many legal and civil rights organizations believe that Bush’s signing statement is part of his push for a “unitary executive,” where the president has virtually unlimited powers in the areas of foreign policy and national security, and neither Congress nor the courts have the right to limit his powers (see April 30, 1986). Former Justice Department official and law professor Marty Lederman says: “The whole point of the McCain Amendment was to close every loophole. The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism.” Human Rights Watch director Elisa Massamino calls the signing statement an “in-your-face affront” to both McCain and to Congress. “The basic civics lesson that there are three co-equal branches of government that provide checks and balances on each other is being fundamentally rejected by this executive branch. Congress is trying to flex its muscle to provide those checks [on detainee abuse], and it’s being told through the signing statement that it’s impotent. It’s quite a radical view.” [Boston Globe, 1/4/2006; Boston Globe, 4/30/2006]

Entity Tags: George W. Bush, Detainee Treatment Act, Martin (“Marty”) Lederman, Bush administration (43), David Golove, Elisa Massamino

Timeline Tags: Torture of US Captives, Civil Liberties

Georgetown law professor Marty Lederman, a former Justice Department official under both the Bush and Clinton administrations, notes the recent signing statement from the White House that essentially states President Bush will ignore the newly authorized Detainee Treatment Act (see December 30, 2005). “So much for the president’s assent to the McCain Amendment” (see December 15, 2005), Lederman writes. Of Bush’s signing statement itself, he writes: “Translation: I reserve the constitutional right to waterboard when it will ‘assist’ in protecting the American people from terrorist attacks.… You didn’t think [Vice President] Cheney and [Cheney’s chief of staff David] Addington (see December 30, 2005) were going to go down quietly, did you?” [Marty Lederman, 1/2/2006; Savage, 2007, pp. 225]

Entity Tags: Detainee Treatment Act, Martin (“Marty”) Lederman

Timeline Tags: Torture of US Captives

The three Republican senators who co-sponsored the recently passed Detainee Treatment Act prohibiting torture (see December 15, 2005) criticize President Bush for his signing statement indicating that he would not follow the law if he sees fit (see December 30, 2005). Senators John McCain (R-AZ), the primary sponsor of the bill, and John Warner (R-VA) issue a statement rejecting Bush’s signing statement. “We believe the president understands Congress’s intent in passing, by very large majorities, legislation governing the treatment of detainees,” the senators write. “The Congress declined when asked by administration officials to include a presidential waiver of the restrictions included in our legislation. Our committee intends through strict oversight to monitor the administration’s implementation of the new law.” The third co-sponsor, Senator Lindsey Graham (R-SC), says he agrees with the letter, “and would go a little bit further.” Graham says: “I do not believe that any political figure in the country has the ability to set aside any… law of armed conflict that we have adopted or treaties that we have ratified. If we go down that road, it will cause great problems for our troops in future conflicts because [nothing] is to prevent other nations’ leaders from doing the same.” The White House refuses to respond to the senators’ comments. Law professor David Golove, a specialist in executive power issues, says the senators’ statements “mean that the battle lines are drawn” for an escalating fight over the balance of power between the two branches of government. “The president is pointing to his commander in chief power, claiming that it somehow gives him the power to dispense with the law when he’s conducting war,” Golove says. “The senators are saying: ‘Wait a minute, we’ve gone over this. This is a law Congress has passed by very large margins, and you are compelled and bound to comply with it.’” Elisa Massimino of Human Rights First says the senators’ statements should warn military and CIA interrogators that they could be subject to prosecution if they torture or abuse a detainee, regardless of Bush’s signing statement. “That power [to override the law] was explicitly sought by the White House, and it was considered and rejected by the Congress,” she says. “And any US official who relies on legal advice from a government lawyer saying there is a presidential override of a law passed by Congress does so at their peril. Cruel, inhuman, and degrading treatment is illegal.” Golove notes that it is highly unlikely that Attorney General Alberto Gonzales would prosecute anyone for performing actions Bush had authorized. [Boston Globe, 1/5/2006; Savage, 2007, pp. 225-226]

Entity Tags: David Golove, Alberto R. Gonzales, George W. Bush, John W. Warner, John McCain, Lindsey Graham, Elisa Massimino

Timeline Tags: Torture of US Captives

President Bush says that the recently passed Detainee Treatment Act (DTA—see December 15, 2005) has no loopholes that would allow US interrogators to torture prisoners. “No American will be allowed to torture another human being anywhere in the world,” he says (see December 30, 2005 and January 2, 2006). [Ireland Online, 1/26/2006]

Entity Tags: George W. Bush, Detainee Treatment Act

Timeline Tags: Torture of US Captives

Senators Lindsey Graham (R-SC) and Jon Kyl (R-AZ) file an amicus curiae brief with the Supreme Court in the case of Hamdan v. Rumsfeld (see June 30, 2006) saying that because of the passage of the Detainee Treatment Act (DTA—see December 15, 2005), the Court no longer has jurisdiction over the case. Graham and Kyl argue their point by citing the “legislative history” of the DTA, in particular the official statements Graham and Kyl made during debate over the bill, and specifically an “extensive colloquy” between the two that appears in the Congressional Record for December 21, 2005. Graham and Kyl argue that this “colloquy,” which argues that Guantanamo prisoners have no rights under the standard of habeas corpus, stands as evidence that “Congress was aware” that the DTA would strip the Court of jurisdiction over cases that involve Guantanamo detainees. (The Senate included an amendment written by Graham, Kyl, and Carl Levin (D-MI) to the DTA that would reject habeas claims in future court cases, but does not apply retroactively to cases already filed, such as Hamdan.) However, Graham and Kyl never engaged in such a discussion on the floor of the Senate. Instead, they had the text inserted in the Record just before the law passed (see December 30, 2005), meaning that no one in Congress heard their discussion. The brief indicates that the discussion happened during the debate over the bill when it did not. The Record indicates that the discussion that did take place concerning the Hamdan case comes from Democrats, and explicitly state that the DTA has no bearing on the case. C-SPAN video coverage of the debate proves that Graham and Kyl never made those statements, and Senate officials confirm that the discussion was inserted later into the Record. But in their brief, Graham and Kyl state that “the Congressional Record is presumed to reflect live debate except when the statements therein are followed by a bullet… or are underlined.” The Record shows no such formatting, therefore, says the brief, it must have been live. The debate between Graham and Kyl is even written to make it appear as if it had taken place live, with Graham and Kyl answering each other’s questions, Kyl noting that he is nearing the end of his allotted time, and another senator, Sam Brownback (R-KS) apparently attempting to interject a question. Lawyers for the prosecution will strenuously object to the brief, and Justice Department defense lawyers will use the brief as a centerpiece for their argument that the Supreme Court should throw the case out. [US Supreme Court, 2/2006 pdf file; Slate, 3/27/2006; FindLaw, 7/5/2006] Former Nixon White House counsel John Dean will call the brief “a blatant scam,” and will accuse Graham and Kyl of “misle[ading] their Senate colleagues, but also sham[ing] their high offices by trying to deliberately mislead the US Supreme Court.… I have not seen so blatant a ploy, or abuse of power, since Nixon’s reign.… [Graham and Kyl] brazenly attempted to hoodwink the Court regarding the actions of Congress in adopting the DTA.” [FindLaw, 7/5/2006] Their efforts will not be successful, as the Supreme Court will ultimately rule against the Republican position in Hamdan vs. Rumsfeld (see June 30, 2006).

Entity Tags: John Dean, Detainee Treatment Act, US Department of Justice, US Supreme Court, Samuel Brownback, Jon Kyl, Lindsey Graham, Carl Levin

Timeline Tags: Torture of US Captives, Civil Liberties

According to a later report by the Los Angeles Times, the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001) remains “fixated” on suspect Steven Hatfill into late 2006. Senior FBI agent Richard Lambert took over as head of the investigation in late 2002 (see Late 2002), and kept the focus on Hatfill. The change in focus comes just after August 25, 2006, when Lambert is removed as head of the investigation and reassigned to be the head of an FBI field office instead. The Times will later reveal that some FBI agents were frustrated with Lambert’s single-minded focus on Hatfill and sought a review of Lambert by the FBI’s Inspection Division. One agent will later say: “There were complaints about him. Did he take energy away from looking at other people? The answer is yes.” But Lambert was not alone; the Times will also report, “The fixation on Hatfill ran broadly through FBI leadership.” An FBI agent later says: “They exhausted a tremendous amount of time and energy on [Hatfill].… I’m still convinced that whatever seemed interesting or worth pursuing was just basically nullified in the months or year following when ‘person of interest’ came out about Hatfill.” Another investigator will say: “Particular management people felt, ‘He is the right guy. If we only put this amount of energy into him, we’ll get to the end of the rainbow.’ Did it take energy away? It had to have. Because you can’t pull up another hundred agents and say, ‘You go work these leads [that] these guys can’t because they’re just focused on Hatfill.’” [Los Angeles Times, 6/29/2008] In October 2006, NBC News reports: “the FBI recently installed a new team of top investigators to head up the anthrax case. Sources familiar with the case tell NBC News that the new managers are looking anew at all possible suspects, with a much broader focus than before. The sources say that the previous head of the case, inspector Richard Lambert, was moved to a new position within the FBI, in part because he had focused too much on Hatfill.” [MSNBC, 10/24/2006]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill, Richard Lambert

Timeline Tags: 2001 Anthrax Attacks

NBC Nightly News reports: “Investigators tell NBC News that the water used to make [the anthrax spores] came from a northeastern US, not a foreign, source. Traces of chemicals found inside the spores revealed the materials used to grow them. And scientists have also mapped the entire DNA chain of the anthrax hoping to narrow down the laboratories where it came from. But one possible clue evaporated. The FBI concluded the spores were not coated with any chemical to make them hang longer in the air.” [MSNBC, 10/5/2006] Later in the year, Rutgers University microbiologist Richard Ebright says, “This information [about the water], if correct, would appear to narrow the field” of laboratories that the anthrax used in the 2001 anthrax attacks (see October 5-November 21, 2001) could have come from. Ebright knows of only three labs in the Northeast US that had seed cultures of the Ames strain prior to the attacks:
bullet USAMRIID, the US Army’s top bioweapons lab in Frederick, Maryland.
bullet The University of Scranton, in Pennsylvania. A scientist there had been conducting bioweapons research of interest to the US military.
bullet Battelle Memorial Institute in Columbus, Ohio. Battelle does classified biological research for the US military. [Chemical and Engineering News, 12/4/2006]

Entity Tags: United States Army Medical Research Institute of Infectious Diseases, Battelle Memorial Institute, Richard Ebright

Timeline Tags: 2001 Anthrax Attacks

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]

Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner

Timeline Tags: Civil Liberties

Senator Charles Grassley (R-IA) tells 60 Minutes that he has looked into the investigation of the 2001 anthrax attacks (see October 5-November 21, 2001), and has concluded that there was leaking by top government officials—not to shut down the sole publicly named suspect, Steven Hatfill, but to disguise a lack of progress in the investigation. Asked if he has any evidence that government officials knowingly planted false information in the press, Grassley replies, “I believe the extent to which they wanted the public to believe that they were making great progress in this case, and the enormous pressure they had after a few years to show that, yes, that they was very much misleading the public.” He adds that the leaking hurt the investigation: “Because it gave people an indication of where the FBI was headed for. And if you knew what that road map was, that if you were a guilty person you would be able to take action to avoid FBI.” [CBS News, 3/11/2007]

Entity Tags: Charles Grassley, Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: Domestic Propaganda, 2001 Anthrax Attacks

Aziz Huq.Aziz Huq. [Source: American Prospect]Aziz Huq, an author and the director of the Brennan Center for Justice at New York University, writes that the Protect America Act (PAA-see August 5, 2007) came about as a result of what he calls “the most recent example of the national security waltz, a three-step administration maneuver for taking defeat and turning it into victory.” Step one is a court defeat for the administration, for example regarding detainees at Guantanamo (see June 28, 2004), or the overruling of military commissions in 2006 (see June 30, 2006). The second step, which comes weeks or months later, is an announcement that the ruling has created a security crisis and must be “remedied” through immediate legislation. The third and final step is the administration pushing legislation through Congress, such as the Detainee Treatment Act (see December 15, 2005) or the Military Commissions Act, that, Huq writes, “not only undoes the good court decision but also inflicts substantial damage to the infrastructure of accountability.”
Step One: FISC Refuses to Approve NSA's Surveillance Program - In January 2007, the administration announced that it was submitting the NSA’s domestic surveillance program to the Foreign Intelligence Surveillance Court (FISC), the secret court that issues FISA warrants for surveillance (see May 1, 2007). This was due to pending court cases threatening to rule the program in violation of FISA and the Fourth Amendment; the administration wanted to forestall, or at least sidestep, those upcoming rulings. In June, FISC refused to approve parts of the NSA program that involved monitoring overseas communications that passed through US telecom switches. Since a tremendous amount of overseas communications are routed through US networks, this ruling jeopardized the NSA’s previous ability to wiretap such communications virtually at will without a warrant. The administration objected to the NSA having to secure such warrants.
Step Two: The Drumbeat Begins - Months later, the drumbeat for new legislation to give the NSA untrammeled rights to monitor “overseas” communications, which not only traveled through US networks, but often began or ended with US citizens, began with appearances in the right-wing media by administration supporters, where they insisted that the FISC ruling was seriously hampering the NSA’s ability to garner much-needed intelligence on terrorist plots against the US. The White House and Congressional Republicans drafted legislation giving the NSA what it wanted, and presented it during the last week of the Congressional session, minimizing the time needed for scrutiny of the legislation as well as reducing the time available for meaningful debate.
Step Three: Passing a Law With Hidden Teeth - The legislation that would become the Protect America Act was carefully written by Bush officials, and would go much farther than giving the NSA the leeway it needed to wiretap US citizens. Instead, as Huq writes, “the Protect America Act is a dramatic, across-the-board expansion of government authority to collect information without judicial oversight.” Democrats believed they had negotiated a deal with the administration’s Director of National Intelligence, Mike McConnell, to limit the law to addressing foreign surveillance wiretaps, but, Huq writes, “the White House torpedoed that deal and won a far broader law.” The law removes any real accountability over domestic surveillance by either Congress or the judiciary. Former CIA officer Philip Giraldi says that the PAA provides “unlimited access to currently protected personal information that is already accessible through an oversight procedure.” The law is part of the administration’s continual attempts to “eviscerat[e]” the checks and balances that form the foundation of US democracy.
Ramifications - The law includes the provision that warrantless surveillance can be “directed at a person reasonably believed to be located outside of the United States.” Huq writes that this is a tremendously broad and vague standard that allows “freewheeling surveillance of Americans’ international calls and e-mails.” He adds: “The problem lies in the words ‘directed at.’ Under this language, the NSA could decide to ‘direct’ its surveillance at Peshawar, Pakistan—and seize all US calls going to and from there.… Simply put, the law is an open-ended invitation to collect Americans’ international calls and e-mails.” The law does not impose any restrictions on the reason for surveillance. National security concerns are no longer the standard for implementing surveillance of communications. And the phrase “reasonably believe” is uncertain. The provisions for oversight are, Huq writes, “risibly weak.” Surveillance need only be explained by presentations by the Director of National Intelligence and the Attorney General to FISC, which has little room to invalidate any surveillance, and furthermore will not be informed of any specific cases of surveillance. As for Congress, the Attorney General only need inform that body of “incidents of noncompliance” as reported by the administration. Congress must rely on the administration to police itself; it cannot demand particulars or examine documentation for itself. The law expires in six months, but, Huq notes, that deadline comes up in the middle of the 2008 presidential campaign, with all the pressures that entails. And the law allows “the NSA to continue wielding its new surveillance powers for up to a year afterward.” The law, Huq writes, “does not enhance security-related surveillance powers. Rather, it allows the government to spy when there is no security justification. And it abandons all but the pretense of oversight.” [Nation, 8/7/2007]

Entity Tags: Mike McConnell, Detainee Treatment Act, Bush administration (43), Aziz Huq, Foreign Intelligence Surveillance Court, Military Commissions Act, National Security Agency, US Supreme Court, Philip Giraldi, Protect America Act

Timeline Tags: Civil Liberties

The house of Bruce Ivins.The house of Bruce Ivins. [Source: Rob Carr / Associated Press]The FBI suspects that Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, was behind the 2001 anthrax attacks (see October 5-November 21, 2001). His home is searched by the FBI, but no report of this makes the newspapers. On the same day, USAMRIID cuts off his access to the laboratories where biological agents and toxins are used and stored. However, he continues to work at USAMRIID without such access until July 2008, when he will be completely banned from the lab (see July 10, 2008). [Herald-Mail, 8/8/2008] According to McClatchy Newspapers, his lab access is apparently reinstated some time after this date. [McClatchy Newspapers, 8/7/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

In December 2007, scientist Bruce Ivins is privately told by the FBI that he could be a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). This is according to Ivins’s attorney Paul Kemp, who also says that he and Ivins have a meeting with the FBI that same month in response. Ivins’s house had been searched by the FBI the month before, which presumably made the FBI’s interest in Ivins obvious (see November 1, 2007). Kemp will later claim that he and Ivins will meet with the FBI about four or five times between this time and Ivins’s death in July 2008 (see July 29, 2008). Additionally, Kemp will claim that Ivins had been interviewed by the FBI about 20 to 25 times before he was told he could be a suspect, yet Ivins regularly had his security clearances renewed. [Time, 8/5/2008]

Entity Tags: Paul Kemp, Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Presidential candidate John McCain (R-AZ) says the US could have a military presence in Iraq for “maybe a hundred years,” and that “would be fine with me.” Speaking to a campaign rally audience in New Hampshire, McCain elaborates on his statement, saying that the US still maintains troops in South Korea, Japan, and other nations, and he has no problem with US soldiers remaining in Iraq for decades “as long as Americans are not being injured, harmed or killed.” McCain continues the thread of his assertion after the rally, in an interview with reporter and author David Corn. Corn writes: “I asked McCain about his ‘hundred years’ comment, and he reaffirmed the remark, excitedly declaring that US troops could be in Iraq for ‘a thousand years’ or ‘a million years,’ as far as he was concerned. The key matter, he explained, was whether they were being killed or not: ‘It’s not American presence; it’s American casualties.’” [Mother Jones, 1/3/2008] McCain’s statement is not a “one-time gaffe,” as some claim. His repetitions include:
bullet January 3, 2008: To a Detroit reporter, McCain says: “We’re still in Kuwait since the first Gulf War. If we can continue to show this progress, we could be there for 100 years, for all I know, as long as Americans are not dying. It’s not a matter of American presence; it’s a matter of success so we can beat back this adversary.”
bullet January 6, 2008: On CBS’s Face the Nation, McCain says: “We’ve got to get Americans off the front line, have the Iraqis as part of the strategy, take over more and more of the responsibilities. And then I don’t think Americans are concerned if we’re there for 100 years or 1,000 years or 10,000 years.”
bullet In a New Hampshire speech on January 7, 2008: “We are in two wars. We are in a greater struggle that is going to be with us for the rest of this century.… These young people that are in this crowd, my friends, I’m going to be asking you to serve. I’m gonna be asking you to step forward and serve this nation in difficult times.”
bullet At a Florida town hall rally on January 26, 2008: “I’d like to look you in the eye and tell you there’s not gonna be any more wars. I’d like to look you in the eyes and tell you that this terrible evil called radical Islamic extremism is defeated. I can’t do that. I’ve got to tell you that we’re gonna be in this struggle for the rest of this century because it’s a transcendent evil.” [Mother Jones, 4/29/2008]

Entity Tags: John McCain, David Corn

Timeline Tags: Iraq under US Occupation

Presidential candidate John McCain (R-AZ) tells an audience that Iraq is only the first of other wars the US will be forced to fight. “It’s a tough war we’re in,” he says. “It’s not going to be over right away. There’s going to be other wars.… I’m sorry to tell you, there’s going to be other wars. We will never surrender but there will be other wars.” McCain does not say who exactly the US will be fighting in the near future. He does say: “And right now—we’re gonna have a lot of PTSD [post-traumatic stress disorder] to treat, my friends. We’re gonna have a lot of combat wounds that have to do with these terrible explosive IEDs that inflict such severe wounds. And my friends, it’s gonna be tough, we’re gonna have a lot to do.” McCain has already said that the US could be in Iraq for the next hundred years (see January 3-27, 2008). [Huffington Post, 1/27/2008]

Entity Tags: John McCain

Timeline Tags: Iraq under US Occupation

A judge says that the FBI has no evidence against Steven Hatfill, who has been the only publicly named suspect so far in the 2001 anthrax attacks (see October 5-November 21, 2001). Reggie Walton, the federal judge presiding over a lawsuit brought by Hatfill against the Justice Department and the FBI for damaging his reputation, says in court, “There is not a scintilla of evidence that would indicate that Dr. Hatfill had anything to do with [the anthrax attacks].” Walton has reviewed four still secret FBI memos about the status of the anthrax investigation. [Los Angeles Times, 6/28/2008] Later in the year, Hatfill will settle with the government and will be awarded $6 million (see June 27, 2008).

Entity Tags: Reggie B. Walton, Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

John McCain and Joseph Lieberman, speaking to reporters in Amman, Jordan.John McCain and Joseph Lieberman, speaking to reporters in Amman, Jordan. [Source: Raw Story]Senator John McCain (R-AZ), the presumptive Republican nominee for president, repeatedly conflates the two main warring branches of Islam in statements made while visiting the Middle East. The quickly planned trip was designed to showcase McCain’s foreign policy sagacity, and contrast him with his Democratic opponents Hillary Clinton (D-NY) and Barack Obama (D-IL), whose relative lack of experience in foreign policy is being negatively portrayed by the McCain campaign.
Allegations of Cooperation between Iran and al-Qaeda - McCain twice says while in Jordan that it is “common knowledge” that Iran, a Shi’ite-led theocracy, is training al-Qaeda terrorists and sending them into Iraq to wreak havoc. Al-Qaeda is a Sunni organization. Sunni Muslims have contended for primacy with Shi’ite Muslims for centuries; much of the violence in Iraq is between Sunni and Shi’ite insurgents. “We continue to be concerned about Iranian[s] taking al-Qaeda into Iran, training them and sending them back,” he says in one instance, and adds: “Well, it’s common knowledge and has been reported in the media that al-Qaeda is going back into Iran and receiving training and are coming back into Iraq from Iran. That’s well known. And it’s unfortunate.” His traveling companion, Senator Joseph Lieberman (D-CT), whispers a correction in McCain’s ear, and McCain promptly corrects himself, “I’m sorry, the Iranians are training extremists, not al-Qaeda.”
Criticism of McCain - The Democratic National Committee responds to McCain’s statements by saying: “After eight years of the Bush administration’s incompetence in Iraq, McCain’s comments don’t give the American people a reason to believe that he can be trusted to offer a clear way forward. Not only is Senator McCain wrong on Iraq once again, but he showed he either doesn’t understand the challenges facing Iraq and the region or is willing to ignore the facts on the ground.” [New York Times, 3/18/2008; Raw Story, 3/18/2008]
Previous Similar Comments - McCain made a similar statement the day before while calling in to conservative radio host Hugh Hewitt’s talk show, saying, “As you know, there are al-Qaeda operatives that are taken back into Iran, given training as leaders, and they’re moving back into Iraq.” Hewitt did not correct the error. [Town Hall (.com), 3/17/2008] And on February 28, McCain told an audience in Texas, “But al-Qaeda is [in Iraq], they are functioning, they are supported in many times, in many ways by the Iranians.” [ThinkProgress (.org), 3/20/2008] McCain’s own campaign notes that McCain “immediately corrected” the error—a misstatement, as McCain made the mistake three different times in two days—and attacks the Democrats for McCain’s blunder by stating, “Democrats have launched political attacks today because they know the American people have deep concerns about their candidates’ judgment and readiness to lead as commander in chief.”
Media Reaction - Many in the mainstream media forgive or ignore McCain’s repeated gaffe. The Atlantic Monthly’s Marc Ambinder calls it “momentary confusion” on McCain’s part, again ignoring the fact that McCain made the same mistake three times in two days. [Atlantic Monthly, 3/18/2008] ABC’s Jake Tapper blames the blunder on “jet lag.” [ABC News, 3/18/2008] Both the Associated Press and CNN misreport McCain’s statement. Associated Press reporter Alfred de Montesquiou inaccurately reports that McCain “voiced concern that Tehran is bringing militants over the border into Iran for training before sending them back to fight US troops in Iraq, and blamed Syria for allegedly continuing to ‘expedite’ a flow of foreign fighters.” [Associated Press, 3/18/2008] And CNN’s Emily Sherman rewrites McCain’s statement, reporting, “During a press conference in Amman, Jordan, the Arizona senator also said there is a continued concern that Iran may be training Iraqi extremists in Iran and then sending them back into Iraq.” [CNN News, 3/18/2008]

Entity Tags: Joseph Lieberman, John McCain, Marc Ambinder, CNN, Hillary Clinton, Alfred de Montesquiou, Associated Press, Barack Obama, Democratic National Committee, Emily Sherman, Hugh Hewitt, Jake Tapper

Timeline Tags: Iraq under US Occupation

Fox News reports that the FBI has narrowed its focus to “about four” suspects in its investigation of the 2001 anthrax attacks (see October 5-November 21, 2001). At least three of them are said to be scientists linked to USAMRIID, the US Army’s bioweapons lab at Fort Detrick, Maryland. One is said to be a former deputy commander, another is a leading anthrax scientist, and another is a microbiologist. None of them are said to be Steven Hatfill, a scientist who once worked at USAMRIID and was previously suspected. Fox News reports that the attacks came from a USAMRIID scientist or scientists, and, “A law enforcement source said the FBI is essentially engaged in a process of elimination.” Fox News also claims to have obtained an e-mail of USAMRIID scientists discussing how the anthrax powder they had been asked to analyze after the attacks was nearly identical to that made by one of their colleagues. The undated e-mail reads: “Then he said he had to look at a lot of samples that the FBI had prepared… to duplicate the letter material. Then the bombshell. He said that the best duplication of the material was the stuff made by [name redacted]. He said that it was almost exactly the same… his knees got shaky and he sputtered, ‘But I told the general we didn’t make spore powder!’” [Fox News, 3/28/2008] In August 2008, one of the authors of the Fox News story will say that one of the four suspects was Bruce Ivins, and the e-mail was from 2005 and forwarded by Ivins, but not written by him. [Fox News, 8/4/2008]

Entity Tags: Bruce Ivins, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

The Republican National Committee (RNC) demands that the Democratic Party stop running a political ad that it says misconstrues Republican presidential candidate John McCain’s words. The ad says that President Bush has talked about staying in Iraq for 50 years, then plays a clip of McCain saying: “Maybe 100. That’d be fine with me.” The announcer then says, “If all he offers is more of the same, is John McCain the right choice for America’s future?” RNC chairman Mike Duncan says the ad deliberately distorts what McCain actually said. RNC lawyer Sean Cairncross says he has written to NBC, CNN, and MSNBC demanding that those networks stop airing the commercial. Interestingly, the Associated Press, in reporting the story, seems to concur with the RNC’s position: its story lede is, “The Republican National Committee demanded Monday that television networks stop running a television ad by the Democratic Party that falsely suggests John McCain wants a 100-year war in Iraq.” But in fact, McCain said just those words in January, and has repeated them since (see January 3-27, 2008). McCain said in response to a question about Bush’s claim of US troops being in Iraq for the next fifty years: “Maybe 100. As long as Americans are not being injured or harmed or wounded or killed, that’d be fine with me, and I hope it would be fine with you, if we maintain a presence in a very volatile part of the world where al-Qaeda is training, recruiting, equipping, and motivating people every single day.” Democratic National Committee chairman Howard Dean says “there’s nothing false” about the ad. “We deliberately used John McCain’s words. This isn’t some ominous consultant’s voice from Washington. This is John McCain’s own words. And we’ve been very upfront about everything that he’s said.” [Associated Press, 4/28/2007]

Entity Tags: Sean Cairncross, Associated Press, Democratic National Committee, Mike Duncan, George W. Bush, John McCain, Howard Dean, Republican National Committee

Timeline Tags: Iraq under US Occupation

Steven Hatfill in 2008.Steven Hatfill in 2008. [Source: Mark Wilson / Getty Images]Steven Hatfill, who was called a “person of interest” in the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), agrees to a $5.82 million payment from the government to settle his legal claim that the Justice Department and the FBI ruined his career and invaded his privacy. Hatfill was the main focus of the anthrax investigation for several years, but was never arrested or charged. A federal judge presiding over his lawsuit recently said there “is not a scintilla of evidence” linking him to the attacks. The government does not formally admit any wrongdoing as part of the settlement, but the payout is widely viewed as an exoneration for Hatfill. For instance, the Los Angeles Times calls Hatfill “all but exonerated.” No witnesses or physical evidence were ever produced to link Hatfill to the attacks. Representative Rush Holt (D-NJ) says the government’s payout to Hatfill confirms that the anthrax investigation “was botched from the very beginning.… The FBI did a poor job of collecting evidence, and then inappropriately focused on one individual as a suspect for too long, developing an erroneous ‘theory of the case’ that has led to this very expensive dead end.” [Los Angeles Times, 6/28/2008; Los Angeles Times, 6/29/2008]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill, US Department of Justice, Rush Holt

Timeline Tags: 2001 Anthrax Attacks

In an interview with CNN, FBI Director Robert Mueller gives an upbeat assessment of the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), despite the exoneration of Steven Hatfill, the only publicly named suspect, the month before (see June 27, 2008). Mueller says: “I’m confident in the course of the investigation.… And I’m confident that it will be resolved.… I tell you, we’ve made great progress in the investigation. It’s in no way dormant. It’s active.… In some sense there have been breakthroughs, yes.” [CNN, 7/24/2008] Just days after these comments, Bruce Ivins, the FBI’s top unpublicized suspect at the time, will die of an apparent suicide (see July 29, 2008).

Entity Tags: Robert S. Mueller III, Steven Hatfill, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

Bruce Ivins in 2003. Bruce Ivins in 2003. [Source: Agence France-Presse / Getty Images]US government microbiologist Bruce Ivins dies of an apparent suicide. The Los Angeles Times is the first media outlet to report on his death three days later. The Times claims that Ivins died “just as the Justice Department was about to file criminal charges against him” for the 2001 anthrax attacks (see October 5-November 21, 2001). For the last 18 years, Ivins had worked at the United States Army Medical Research Institute of Infectious Diseases (USAMRIID), the US government’s top biological research laboratory at Fort Detrick, Maryland. His name had not been made public as a suspect in the case prior to his death. He dies at Frederick Memorial Hospital after ingesting a massive dose of prescription Tylenol mixed with codeine. Apparently there is no suicide note or any other known final message from Ivins. [Los Angeles Times, 8/1/2008] According to the Washington Post, Ivins had ingested the pills two or three days before he actually died. He was admitted to Frederick Memorial Hospital two days before his death. Investigators had scheduled a meeting with Ivins’s attorneys to discuss the evidence against him. However, Ivins dies two hours before the meeting is to take place (see July 29, 2008). [Washington Post, 8/2/2008] Apparently, no autopsy is performed on Ivins’s body. A Frederick Police Department lieutenant says that based on laboratory test results of blood taken from the body, the state medical examiner “determined that an autopsy wouldn’t be necessary” to confirm he died of a suicide. [Bloomberg, 8/1/2008]

Entity Tags: Bruce Ivins, US Department of Justice, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

Melanie Ulrich.Melanie Ulrich. [Source: Andrew Schotz]On August 1, 2008, it is first reported that Bruce Ivins, a scientist at USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland, apparently killed himself after the FBI made him their chief suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). But many of Ivins’s colleagues at USAMRIID doubt that he was the killer.
bullet On August 1, one unnamed colleague says, “They took an innocent man, a distinguished scientist, and smeared his reputation, dishonored him, questioned his children and drove him to take his life.… He just didn’t have the swagger, the ego to pull off that kind of thing, and he didn’t have the lab skills to make the fine powder anthrax that was used in the letters.” [ABC News, 8/1/2008]
bullet On August 2, an unnamed USAMRIID employee says, “Almost everybody… believes that he had absolutely nothing to do with [the anthrax attacks].” [Washington Post, 8/2/2008]
bullet Former colleague Norm Covert says, “We’re looking at a man with a distinguished 30-something-year career, unparalleled and known around the world.… His career and his reputation are trashed and the FBI still hasn’t said what they have on him.” [CNN, 8/2/2008]
bullet Also on August 2, Dr. Kenneth Hedlund, the former chief of bacteriology as USAMRIID, says, “He did not seem to have any particular grudges or idiosyncrasies.… He was the last person you would have suspected to be involved in something like this.” [New York Times, 8/2/2008] Three days later, Hedlund adds, “I think he’s a convenient fall guy. They can say, ‘OK, we found him, case closed, we’re going home. The FBI apparently applied a lot of pressure to all the investigators there, and they found the weakest link.” He also says that Ivins was a bacteriologist and lacked the expertise to convert the anthrax into the deadly form used in the 2001 attacks.
bullet Former colleague Dr. W. Russell Byrne says he believe Ivins was singled out partly because of Ivins’s personal weaknesses. “If they had real evidence on him, why did they not just arrest him?” [Baltimore Sun, 8/5/2008]
bullet On August 4, David Franz, head of USAMRIID in the late 1990s, says, “The scientific community seems to be concerned that the FBI is going to blow smoke at us.” [Los Angeles Times, 8/4/2008]
bullet On August 6, more than 200 of his USAMRIID colleagues attend a memorial for him. Col. John Skvorak, commander of USAMRIID, praises Ivins’s “openness, his candor, his humor and his honesty.” [Wall Street Journal, 8/7/2008]
bullet On August 8, former colleague Gerry Andrews says, “Nothing is unimaginable. But I would definitely say it is doubtful” that Ivins was behind the anthrax attacks. [New York Times, 8/8/2008]
bullet Also on August 8, Melanie Ulrich, a USAMRIID scientist until 2007, says the FBI’s case against Ivins does not add up and their description of him does not match the person she worked with for six years. For instance, she said that shortly after 9/11, an intensive, all-encompassing psychological review was conducted of all USAMRIID employees with access to dangerous biological agents, and it does not make sense that some as supposedly as unstable as Ivins could have remained employed for years of such scrutiny. The FBI claims that an anthrax flask in Ivins’s custody was the “parent” of a certain anthrax strain, but Ulrich says different anthrax samples were genetically identical so any one sample can not be more of a “parent” than any other. The FBI suggests Ivins used a lyophilizer to make powdered anthrax, but Ulrich says Ivins signed out a SpeedVac, but not a lyophilizer, which is too large to fit in the secure protective area Ivins used at the time. Furthermore, a SpeedVac operates slowly and it would have been impossible for Ivins to use it to dry the amount of anthrax used in the letters in the time frame the FBI says he did. [Herald-Mail, 8/8/2008]
bullet On August 9, after the FBI has laid out its evidence against Ivins, Jeffrey Adamovicz, one of Ivins’s supervisors in USAMRIID’s bacteriology division, says, “I’d say the vast majority of people [at Fort Detrick] think he had nothing to do with it.” [Newsweek, 8/9/2008] He also says that the anthrax sent to Sen. Tom Daschle (D-SD) was “so concentrated and so consistent and so clean that I would assert that Bruce could not have done that part.” [McClatchy Newspapers, 8/7/2008]
bullet Former colleague Luann Battersby says Ivins was weird, but “not any weirder than a typical scientist.… He was not the weirdest by far I worked with down there.” She says that he was not a “strong person.… I would say he was milquetoast.… The fact that he was a terrorist doesn’t really square with my opinion with who he was.… I’m amazed at all this. I assume there’s evidence and that it’s true, but I certainly never would have suspected him.” She says she is unsure if he had the technical skills to commit the crime. [Evening Sun, 8/10/2008]

Entity Tags: Bruce Ivins, David Franz, Gerry Andrews, Luann Battersby, John Skvorak, Jeffrey Adamovicz, Melanie Ulrich, Kenneth Hedlund, Norm Covert, W. Russell Byrne

Timeline Tags: 2001 Anthrax Attacks

The Justice Department formally clears Steven Hatfill of any involvement in the 2001 anthrax attacks (see October 5-November 21, 2001). The department sends a letter to Hatfill’s lawyer, stating: “We have concluded, based on lab access records, witness accounts, and other information, that Dr. Hatfill did not have access to the particular anthrax used in the attacks, and that he was not involved in the anthrax mailings.” [MSNBC, 8/8/2008] Hatfill won $5.8 million from the government in a settlement in June 2008, but the government admitted no wrongdoing and did not make any statement officially clearing him (see June 27, 2008).

Entity Tags: Steven Hatfill, US Department of Justice

Timeline Tags: 2001 Anthrax Attacks

Gerry Andrews, the chief of the bacteriology division at USAMRIID from 1999 to 2003, publishes an editorial in the New York Times. USAMRIID is the US Army’s top biological laboratory, and one of Andrew’s subordinates there was Bruce Ivins, the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001) and also a friend of Andrews. Andrews says that the FBI’s recently revealed case against Ivins is unimpressive and lacks physical evidence. He states that the anthrax contained in a letter to Senator Tom Daschle (D-SD) was “a startlingly refined weapons-grade anthrax spore preparation, the likes of which had never been seen before by personnel at [USAMRIID]. It is extremely improbable that this type of preparation could ever have been produced [there], certainly not of the grade and quality found in that envelope.” Andrews also complains that the FBI has not provided “enough detail about their procedure to enable other scientists to tell whether they could actually single out Dr. Ivins’s spore preparation as the culprit…” [New York Times, 8/9/2008]

Entity Tags: Gerry Andrews, Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” [Wall Street Journal, 1/29/2009] Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” [Army, 9/2006] And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. [Wall Street Journal, 1/29/2009] In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

Responding to the news that Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 18, 2009), Senator John McCain (R-AZ) reiterates his opposition to waterboarding and to torture: “One is too much. Waterboarding is torture, period. I can ensure [sic] you that once enough physical pain is inflicted on someone, they will tell that interrogator whatever they think they want to hear. And most importantly, it serves as a great propaganda tool for those who recruit people to fight against us.” He adds, “The image of the United States of America throughout the world is a recruiting tool for Islamic extremists.” However, McCain says it was a “serious mistake” for the Obama administration to release the CIA torture memos (see April 16, 2009), saying, “The release of these memos helps no one, doesn’t help America’s image, does not help us address the issue.” [Think Progress, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Obama administration, John McCain

Timeline Tags: Torture of US Captives

Former House Speaker Newt Gingrich (R-GA), a likely candidate for the 2012 Republican presidential candidacy, refuses to say whether waterboarding is or is not torture. Interviewed on Fox News, Gingrich calls the release of the four Bush-era Justice Department memos authorizing and defending torture (see April 16, 2009) “a big mistake,” but adds, “I want to see the United States run the risk, at times, of not learning certain things in order to establish a standard for civilization.” When asked if waterboarding is torture, Gingrich refuses to give a straight answer. “I think it’s something we shouldn’t do,” he says, but then adds: “Lawyers I respect a great deal say it is absolutely within the law. Other lawyers say it absolutely is not. I mean, this is a debatable area.” When asked if waterboarding violates the Geneva Conventions, Gingrich again demurs, saying, “I honestly don’t know.” He then says, “I think—I think that there—I am exactly where Senator [John] McCain was.” McCain has long opposed the use of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009). [Think Progress, 4/26/2004]

Entity Tags: John McCain, Newt Gingrich, Bush administration (43)

Timeline Tags: Torture of US Captives

Senator and former presidential candidate John McCain (R-AZ), a strong opponent of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009), says that the US must “move on” from the Bush era of torture and not investigate the Bush administration’s torture policies. McCain refuses to support Democratic calls to impeach former Justice Department official Jay Bybee, who authored several of the torture memos (see August 1, 2002 and August 1, 2002), even as he acknowledges Bybee broke the law. McCain says: “He falls into the same category as everybody else as far as giving very bad advice and misinterpreting, fundamentally, what the United States is all about, much less things like the Geneva Conventions. Look, under President Reagan we signed an agreement against torture. We were in violation of that.” McCain says that “no one has alleged, quote, wrongdoing” on the part of Bush officials such as Bybee, saying only that they gave “bad advice” to Bush and other senior officials. [Think Progress, 4/26/2009]

Entity Tags: John McCain, Bush administration (43), Jay S. Bybee

Timeline Tags: Torture of US Captives

Las Vegas Review-Journal publisher Sherman Frederick falsely claims that “the two cases of domestic terrorism since 9/11” have taken place “on Obama’s watch.” In recent months, two former Bush administration officials have denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009). The progressive media watchdog Web site Media Matters will write, “Frederick joins [the] list of conservatives denying existence of terrorist attacks under Bush.” Frederick writes: “If this is what it takes to wake up Obama to the evils of this world, then he learned an easy lesson. But tell that to the personnel who lost their lives to terrorism at Fort Hood [referring to the November 9, 2009 mass shooting at Fort Hood, Texas, perpetrated by a Muslim US Army psychiatrist with suspected ties to extremist groups]. Then, as now, the Obama administration fails to swiftly acknowledge the threat. They demur in describing our enemy as radical Muslims. They plan to close the offshore prison for terrorists at Guantanamo Bay and transfer the prisoners to the United States. They give the enemy combatants who killed more than 3,000 people on 9/11 the privilege of a civilian federal trial in New York City when a military tribunal is more appropriate. And for three days our president failed to address his people directly on Abdulmutallab’s failed effort to blow up a commercial flight over Detroit on Christmas Day [referring to Umar Farouk Abdulmutallab, who attempted to detonate an explosive device carried in his underwear on a Northwest Airlines flight—see December 25, 2009]. All of this on top of President Obama’s noticeable refusal to characterize our struggle as a ‘war’ on ‘terror.’ In the wake of fierce criticism, Obama now talks tough about keeping America safe. But in the two cases of domestic terrorism since 9/11—both on Obama’s watch—red flags flew aplenty.” Frederick either forgets or ignores a string of domestic terrorist attacks on US targets during the Bush presidency, including the 2001 anthrax attacks (see September 17-18, 2001, October 5-November 21, 2001, October 6-9, 2001, and October 15, 2001); the attempt to blow up a transatlantic plane by “shoe bomber” Richard Reid, who has ties to al-Qaeda (see December 22, 2001); the 2002 attack on the El Al ticket counter at Los Angeles International Airport, designated by the Justice Department as an official “act of international terrorism”; the 2002 sniper shootings in the Washington, DC, area, carried out by John Allen Muhammed, who was convicted of terrorism charges; and the 2006 attack on the University of North Carolina campus, where a Muslim student struck nine pedestrians in his SUV because, he said, he wanted to “avenge the deaths or murders of Muslims around the world.” [Media Matters, 1/6/2010]

Entity Tags: John Allen Muhammed, Barack Obama, Bush administration (43), Las Vegas Review-Journal, Media Matters, Umar Farouk Abdulmutallab, Richard C. Reid, Sherman Frederick

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

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