The Center for Grassroots Oversight

This page can be viewed at http://www.historycommons.org/context.jsp?item=a011908haramainstay&scale=5&startpos=1500


Context of 'January 19, 2009: Bush Administration Requests Stay in Judge’s Decision to Allow Lawsuit to Proceed'

This is a scalable context timeline. It contains events related to the event January 19, 2009: Bush Administration Requests Stay in Judge’s Decision to Allow Lawsuit to Proceed. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Page 16 of 26 (2575 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 | next

London imam Abu Qatada is arrested at a house in South London by Scotland Yard and MI5 officials. Intelligence agencies in eight countries, including Italy, France, and Germany, have claimed that Qatada has extensive al-Qaeda links, and he is believed to be a member of al-Qaeda’s fatwa (religious) committee (see June 1996-1997). Using anti-terrorist laws passed in December 2001, he is held at the Belmarsh high security prison without charge. He “disappeared” hours before the new laws went into effect (see Early December 2001). Several days before his arrest, Qatada came out of hiding to release a new document justifying the 9/11 attacks. He posted a ten-page document on the Internet entitled “The Legal Vision for the September 11 Events.” In it, he outlined the “moral” case for the attacks and praised Osama bin Laden for challenging the US. (McGrory, Ford, and Evans 10/25/2002) Another radical London imam, Sheik Omar Bakri Mohamed, tells the press that Abu Qatada was arrested after family members visited his house and one of them used a cell phone that was apparently traced by the authorities. (Cowell 10/26/2002) Qatada worked as an MI5 informant beginning in 1996 (see June 1996-February 1997).

The US and the United Nations officially declare Jemaah Islamiyah (JI) to be a terrorist organization. JI is considered to be al-Qaeda’s main affiliate in Southeast Asia. Australia, Malaysia, New Zealand, Indonesia, and other nations support the UN declaration. The Indonesian government had previously maintained that JI did not even exist, but immediately changed its position on JI after the Bali bombings earlier in the month (see October 12, 2002). However, even though the Indonesian government supports the UN declaration, it does not actually declare JI an illegal organization within Indonesia. (Perlez 10/24/2002; Lilley 10/31/2002) It will take until 2008 for an Indonesian court to officially declare JI an illegal organization (see April 21, 2008). The key breakthrough to identifying the bombers takes place on November 2, 2002. The first suspect, an alleged JI operative named Amrozi bin Nurhasyim, is arrested on November 5. (BBC 12/3/2002) Indonesia officially declares JI the prime suspect in the bombings on November 16. (Jakarta Post 1/3/2003)

The Justice Department provides limited information to the House Judiciary Committee about actions performed under the new Patriot Act (see October 26, 2001). Representative James Sensenbrenner (R-WI) had demanded answers to 50 questions regarding the Patriot Act from Attorney General John Ashcroft, or else he would “start blowing a fuse.” Among other things, Sensenbrenner wanted to know how many times the Justice Department had implemented wiretaps under the act, and threatened Congressional subpoenas and opposition to the act when it comes up for renewal. Sensenbrenner and the Judiciary Committee receive far less than originally requested, with the Justice Department asserting that much of the information is classified and cannot be revealed. Sensenbrenner declares himself satisfied. (Savage 2007, pp. 114-115)

Six of Indonesia’s main newspapers, including the Jakarta Post, Jawa Pos, and Bali Pos, suggest that several high-ranking Indonesian government figures could be suspects in the Bali bombings that took place earlier in the month (see October 12, 2002). These newspapers note that Gen. Djaja Suparman and former Jakarta police chief Nugroho Jayusman had flown to Bali just before the bombings. Army chief of staff Gen. Ryamizard Ryacudu was also reportedly in Bali at the time of the bombings. (Jakarta Post 1/3/2003; Pacific Media Watch 3/31/2003) Gen. Endriartono Sutarto, head of the Indonesian military, admits to the movements, but claims that Suparman was on vacation, while Riyacudu was in Bali for “health reasons.” An Indonesian human-rights activist says, “General Suparman is one of the generals who was behind the extremist jihad groups. He set up militias composed of gangsters and religious fanatics to counter student demonstrations in 1998. One of these militias, Pram Swarkasa, became the embryo of Laskar Jihad.” Laskar Jihad collaborated with the Indonesian military to kill thousands of Christians in the Indonesian province of Maluku in previous years (see January 1999-July 2001); al-Qaeda and its Southeast Asian affiliate Jemaah Islamiyah provided assistance (see Late 2000-Mid-2001). (Fawthrop 11/7/2002) Wimar Witoelar, spokesman for the previous Indonesian president, Abdurrahman Wahid, also says around this time, “The plot is probably hatched by hardline military rogues. This is certainly an excuse for a military takeover unless it is pre-empted.” Suparman threatens to sue for libel, as does Sutarto, who is accused by the Washington Post around the same time for tacitly approving the killing of a group of US citizens in Indonesia less than two months before the Bali bombings (see Mid-September 2002). But the lawsuits apparently never occur, and an Indonesian press council apparently never rules if the newspapers were irresponsible for making the allegations. None of the government figures are ever charged or officially named as suspects in the bombings. (Jakarta Post 11/9/2002; Pacific Media Watch 3/31/2003; Reporters without Borders 6/3/2004)

The CIA flies detained al-Qaeda leader Abd al-Rahim al-Nashiri from the United Arab Emirates, where he was captured (see Early October 2002), to an agency black site in Afghanistan known as the Salt Pit. (Goldman 9/7/2010)

On November 2, 2002, only three weeks after the 2002 Bali bombings (see October 12, 2002), the Australian and Indonesian teams investigating the attacks say they have finished their initial forensic analysis of the bomb site. One forensic team member says, “We have all we need to nail these bad guys down.” (Perlez 11/2/2002; Jakarta Post 1/3/2003) That same day, investigators get their first big break when they discover the vehicle identification number of the chassis of the van used by some of the bombers. (BBC 12/3/2002) The first arrest of an officially suspected bomber, Amrozi, takes place on November 5. He had bought the van. He immediately confesses to taking part in the bombings. Other arrests, including the arrest of an alleged mastermind of the bombings, Imam Samudra, follow in the next weeks and months. (Jakarta Post 1/3/2003) Most Balinese are Hindu, and on November 15, the island holds a large public Hindu ritual purifying the bomb sites. The next day, bulldozers begin dumping the debris into the ocean, and they dump all the bomb site wreckage into the ocean over the next several days. (Jakarta Post 11/17/2002; Arnold 5/4/2003) Robert S. Finnegan, editor for the English-language Jakarta Post newspaper, will later sarcastically comment on how quickly the investigators finished their on-site work: “Astounding work, as it must have set a world record for crime scene forensic analysis.” He will also note, “Given the scope of the bombing and the sheer size of the primary and secondary blast areas - where traces from a plethora of different explosive compounds were swabbed from - this was a feat that escaped even the vaunted investigators working the World Trade Center [9/11] crime scene in New York, who spent nearly a year literally sifting by hand for evidence at the site.” (Finnegan 1/3/2003)

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. (Pincus 11/4/2002; Lumpkin 12/3/2002) Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). (Powell and Priest 11/9/2002; Thomas and Hosenball 11/11/2002) A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. (Hersh 12/16/2002) The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. (Thomas and Hosenball 11/11/2002) New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” (Hersh 12/16/2002) Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). (Thomas and Hosenball 11/11/2002) US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).


David Shayler.
David Shayler. [Source: David Shayler]David Shayler, a member of the British intelligence agency MI5, is convicted of divulging British intelligence secrets. Shayler claims that British intelligence paid an al-Qaeda agent to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi in 1996 (see 1996). Under strict secrecy laws, the British press is not allowed to report Shayler’s claims. The press is not even allowed to report that the government won a gag order on the press. (Daley 10/10/2002) Shayler is not allowed to argue that he acted in the public interest by releasing the information, and the veracity of his claims is not challenged in court. (Norton-Taylor and Wadham 11/6/2002) Shayler is sentenced to six months in prison, but only serves seven weeks, then is released on parole. (BBC 12/23/2002)


The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [<a href=“http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/11/20/MN218568.DTL” target=_new>San Francisco Chronicle, 11/20/02</a>, <a href=“http://www.guardian.co.uk/Print/0,3858,4552953,00.html” target=_new>Guardian, 11/23/02</a>] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [<a href=“http://www.sunspot.net/news/nationworld/bal-spy1503,0,4325331.story?coll=bal-home-headlines” target=_new>Baltimore Sun, 1/5/03</a>]
The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [San Francisco Chronicle, 11/20/02, Guardian, 11/23/02] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [Baltimore Sun, 1/5/03] [Source: DARPA]The New York Times exposes the existence of John Poindexter’s Total Information Awareness data collection program, begun in early 2002 (see Mid-January 2002; March 2002). (Markoff 11/9/2002) Conservative columnist William Safire writes, “If the Homeland Security Act is not amended before passage, here is what will happen to you: Every purchase you make with a credit card, every magazine subscription you buy and medical prescription you fill, every Web site you visit and e-mail you send or receive, every academic grade you receive, every bank deposit you make, every trip you book and every event you attend—all these transactions and communications will go into what the Defense Department describes as ‘a virtual, centralized grand database.’ To this computerized dossier on your private life from commercial sources, add every piece of information that government has about you—passport application, driver’s license and bridge toll records, judicial and divorce records, complaints from nosy neighbors to the FBI, your lifetime paper trail plus the latest hidden camera surveillance—and you have the supersnoop’s dream: a ‘Total Information Awareness’ about every US citizen.” (Safire 11/14/2002) Poindexter says it will take years to realize his vision, but his office has already begun providing some technology to government agencies. (O'Harrow 11/12/2002) The existence of this program, and the fact that Poindexter is running it, causes concern for many on both the left and right. (Shapiro 1/16/2003) It is regularly called Orwellian, conjuring visions of 1984’s Big Brother, and even supporters admit it sounds Orwellian. (Getz 11/15/2002; Turley 11/17/2002; Goldenberg 11/23/2002; Newsday 12/1/2002; Hertzberg 12/9/2002; Webb 12/12/2002; Mittelstadt 12/16/2002; Baer 1/5/2003) The New York Times suggests, “Congress should shut down the program pending a thorough investigation.” (New York Times 11/18/2002) Experts question not only its civil liberties implications, but also if it is even feasible. If it does work, would its database be swapped with errors that could not be removed? (see March 2002) (Puzzanghera 12/26/2002) However, many newspapers fail to report on the program at all, and ABC is the only network to report the story on prime time television. (ABC News 11/16/2002; ABC News 11/25/2002) Despite so many objections, the program is included in the Homeland Security bill (see November 25, 2002), and only later somewhat curbed by Congress (see January 23, 2003).

Following six attacks by different radical Islamic groups in Tunisia (see April 11, 2002), Pakistan, Yemen (see October 6, 2002), Kuwait, Bali (see October 12, 2002), and Moscow, a new audio message is released by a man said by some to be Osama bin Laden, although the identity of the speaker will be disputed (see November 29, 2002). The voice on the tape outlines a principle he says he and his allies are using: reciprocity. He comments: “If it pains you to see your victims and your allies’ victims in Tunisia, Karachi, Failaka, and Oman, then remember that our children are murdered daily in Palestine and Iraq… If it pains you to see your victims in Moscow, then remember ours in Chechnya. How long will fear, killing, destruction, displacement, orphaning, and widowing be our sole destiny, while security, stability, and happiness is yours? This is injustice. The time has come to settle accounts. Just as you kill, so you shall be killed; just as you bomb, so you shall be bombed. And there will be more to come.” (Laden 2005, pp. 173-5)

The release of an audio message by a man thought to be Osama bin Laden (see November 12, 2002) sparks several publications to run stories about the authentication of the voice on the tape. These articles make several points about voice analysis of apparent bin Laden recordings:
bullet Machine analysis: Some aspects of voice identification are done my machine. Voice authentication software measures the acoustic qualities of a person’s voice, such as pitch, loudness, basic resonances, frequency, and amplitude. (Knight 11/13/2002; Kenneally 11/15/2002) This produces spectrographic information and can also be used to look for specific features of a voice, such as a nasal quality. In addition, every person creates the same sounds using a slightly different set of basic pitches, so the set of frequencies in bin Laden’s vowels, like those in “ea” from “fear,” will be marginally different from anyone else’s. By examining this frequency detail for every vowel and comparing them to previous examples, a machine analysis can tell if they are the same and were all said by him. (Kenneally 11/15/2002) However, “People hardly ever pronounce the same word the same way twice, even in the same utterance,” says Robert Berkovitz, a speech analyst with Sensimetrics Corp. (CBS News 11/13/2002)
bullet Human analysis: Some aspects of voice identification are done by humans, who are, according to Slate, “very good at doing the kind of thing most people do subconsciously—telling if someone comes from a particular region by recognizing basic vowel and consonant qualities.” For example, a human analyst can tell whether the “Ye” sound in “Yemen” is of the right length and stress for bin Laden’s dialect. (Kenneally 11/15/2002) Experts listen to previous recordings of bin Laden, and compare them syllable by syllable. (Knight 11/13/2002; Kenneally 11/15/2002) Experts can also verify whether words on a tape generally match those uttered by someone of bin Laden’s age and educational background. (Kenneally 11/15/2002)
bullet Quality of tape: According to Slate, the November tape is “allegedly very noisy and possibly went down a phone line at some point.” (Kenneally 11/15/2002) However, the New Scientist reports, “Voice analysis experts say the quality of the recording appears good enough to determine if the recording is genuine.” It also quotes Steve Cain of Forensic Tape Analysis, a company that received snippets of the tape from US media, who says, “It seems like it is at least clear enough and there’s enough amplitude of that unknown speaker’s voice that if you had a known sample of bin Laden it would be possible.” (Knight 11/13/2002)
bullet Splicing: Analysis can determine whether a tape is spliced together. Potential red flags include hitches in timing and rhythm, removal of background noise, and different pitch to accommodate for differences in background noise. (Kenneally 11/15/2002)
bullet It makes no difference to voice analysis what language a recording is in. (CBS News 11/13/2002)
bullet Uncertainty: The New Scientist quotes Tomi Kinnunnen, an expert in computer analysis of speech at the University of Joensuu, Finland, as saying: “There is always the possibility of error.… But if you have a clean sample with little noise, you can quite reliably say [who it is].” (Knight 11/13/2002) However, according to Slate, human and machine analyses can be “formidable,” but “neither type of analysis can say with 100 percent certainty that the speaker on the tape is bin Laden or anyone else.” (Kenneally 11/15/2002) CBS finds that intelligence analysts are convinced the tape is from bin Laden, but “they will never be sure,” because “Computer voice analysis lacks the accuracy of fingerprint or DNA identification and can be hamstrung by a skilled impersonator or low-quality recording.” “You can say with some probability, but you can never be sure,” says Kenneth Stevens, a Massachusetts Institute of Technology expert on speech analysis and synthesis. “Where there’s a combination of strong motivation and relatively weak science, there’s an opportunity for deception,” adds Berkovitz. “You can’t put the voice in a slot and have it come out saying, ‘This is Joe Smith.’” (CBS News 11/13/2002)
bullet One analyst, Matsumi Suzuki of Japan Acoustic Lab, Tokyo, says that, although the recording seems genuine, the speaker sounds ill. (Knight 11/13/2002)

Congress approves legislation creating an independent commission—the National Commission on Terrorist Attacks Upon the United States—which will later be popularly known as the 9/11 Commission. The Commission’s mandate is to “examine and report on the facts and causes relating to the September 11th terrorist attacks” and “make a full and complete accounting of the circumstances surrounding the attacks.” President Bush signs it into law November 27, 2002. (US Congress 11/27/2002) Bush originally opposed an independent commission (see May 23, 2002), but changed his mind over the summer (see September 20, 2002) after political pressure. The Democrats conceded several important aspects of the Commission (such as subpoena approval) after the White House threatened to create a Commission by executive order, over which it would have more control. Bush will appoint the Commission chairman and he sets a strict time frame (18 months) for its investigation. (Bash 11/15/2002) The Commission will only have a $3 million budget. Senator Jon Corzine (D-NJ) and others wonder how the Commission can accomplish much with such a small budget. (Arnold 1/20/2003) (In contrast, a 1996 federal commission investigating casino gambling received $5 million; the federal government spent $50 million investigating Bill Clinton and Whitewater; and the investigation into the February 2003 Columbia shuttle explosion will receive $50 million.) (Carter 2004, pp. 280) Senate Majority Leader Tom Daschle (D-SD) will call the budget “a joke.” (Shenon 2008, pp. 31) The budget will later be increased (see March 26, 2003).

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). (Hess 12/11/2007) Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. (Eggen and Pincus 12/18/2007) But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). (Hosenball 6/28/2008)

US officials claim that captured would-be hijacker Ramzi bin al-Shibh has said that Zacarias Moussaoui met 9/11 mastermind Khalid Shaikh Mohammed (KSM) in Afghanistan during the winter of 2000-01 and that KSM gave Moussaoui the names of US contacts. (Schmidt 11/20/2002) Bin al-Shibh and KSM agreed Moussaoui should be nothing more than a back-up figure in the 9/11 plot because he could not keep a secret and was too volatile and untrustworthy. Supposedly, bin al-Shibh wired Moussaoui money intended for other terrorist activities, not 9/11. (Locy and Johnson 11/20/2002) There have been suggestions that the US may move Moussaoui’s case from a civilian court to a military tribunal, which would prevent bin al-Shibh from testifying, but the issue remains undecided. (Locy and Johnson 11/20/2002)

The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. (Central Intelligence Agency 5/7/2004, pp. 1 pdf file) The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). (Goldman and Gannon 3/28/2010) The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.

9/11 victims’ relatives add nearly 50 defendants to their $1 trillion lawsuit against mostly Saudi citizens and organizations (see August 15, 2002). The suit alleges the defendants knowingly provided money and other aid to terrorists, which enabled the 9/11 attacks and other attacks to occur. There are now a total of 186 defendants named in the suit. (Geyelin 11/22/2002; Weinstein 11/23/2002) Newly-named defendants include:
bullet Saudi Interior Minister Prince Nayef. The suit claims he was engaged in payoffs to al-Qaeda. Additionally, as interior minister he controls the activities of numerous Islamic charities said to help finance al-Qaeda. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) (Geyelin 11/22/2002; Weinstein 11/23/2002)
bullet Minister of Defense and Aviation Prince Sultan bin Abdul Aziz Al Saud. The suit claims he also was engaged in payoffs to al-Qaeda. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) (Geyelin 11/22/2002)
bullet The Saudi American Bank, that nation’s second largest financial institution. The suit alleges that this bank, partly owned and managed by Citibank, financed development projects in Sudan benefiting bin Laden in the early 1990s when he was living there. (This bank will later be dismissed from the suit (see November 14, 2003-September 28, 2005).) (Geyelin 11/22/2002)
bullet Bank Al Taqwa, for raising, managing, investing, and distributing funds for al-Qaeda. (Weinstein 11/23/2002)
bullet Mohamed Jamal Khalifa, bin Laden’s brother-in-law. (Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al. 11/22/2002 pdf file)
bullet Yassin al-Qadi. (Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al. 11/22/2002 pdf file)
bullet Saleh Kamel and the Dallah al-Baraka Group. (Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al. 11/22/2002 pdf file)
bullet Individual members of the bin Laden family, including Bakr bin Laden, Tarek bin Laden, Omar bin Laden, Abdullah Awad bin Laden, and Yeslam Binladin. The suit claims that in the early 1990s, Tarek bin Laden was the general supervisor of the International Islamic Relief Organization (IIRO), a Saudi charity suspected of terrorist ties (see October 12, 2001). (Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al. 11/22/2002 pdf file)

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” (Sands 5/2008)

This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
This Homeland Security department logo of an eye peeking through a keyhole was copyrighted but apparently not used. [Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. (Stevenson 11/26/2002; Kemper 11/26/2002) However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. (Gall 11/20/2002) The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” (Gall 11/20/2002; Kemper 11/26/2002) Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” (Firestone 11/26/2002) The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. (Savage 2007, pp. 110)

Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” (Shenon 2008, pp. 32-33) However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” (Human Rights Watch 8/19/2004) Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” (Sands 5/2008)

Destruction at the Paradise Hotel, Mombasa, Kenya.Destruction at the Paradise Hotel, Mombasa, Kenya. [Source: Karel Princloo/ Associated Press]Three suicide bombers detonate their explosives outside a resort hotel in Mombasa, Kenya. Militants also fire shoulder-launched missiles unsuccessfully at a passenger jet. (Filkins 11/30/2002) The death toll reaches 16. (CNN 12/1/2002) Al-Qaeda purportedly claims responsibility a few days later. (CNN 12/2/2002)

The authenticity of a new audio tape purportedly made by bin Laden, in which he praises recent attacks in Bali, Kuwait, Yemen and Moscow (see November 12, 2002), is disputed by Swiss voice analysts. US officials believe the voice is “almost certainly” bin Laden, but the Dalle Molle Institute for Perceptual Artificial Intelligence in Switzerland, one of the world’s leading voice-recognition institutes, is 95 percent certain the tape is a forgery. (Kemkaran 11/13/2002; BBC 11/18/2002; BBC 11/29/2002; Contenta 12/16/2002) Two weeks after it was broadcast, a British newspaper publishes the complete text of a “letter to the American people,” purportedly written by bin Laden. (Observer 11/25/2002) However, “diplomats [are] skeptical about the authenticity of the document.” (MacAskill and Whitaker 10/15/2002) The institute will not continue to analyse bin Laden’s speeches (see February 12, 2003).

Assistant Attorney General William Moschella informs the ranking members of the House and Senate Intelligence committees of the administration’s use of potentially unconstitutional data mining and electronic surveillance programs after the 9/11 attacks. Moschella tells the lawmakers, “The president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. One such program is the Novel Intelligence from Massive Data (NIMD) initiative (see After September 11, 2001). Moschella echoes the claims of National Security Agency director Michael Hayden and other administration officials, saying that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” (Harris 1/20/2006)
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002). Moschella informs the lawmakers of none of this.

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. (Lindlaw 6/23/2004) He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. (Jehl 8/25/2004) The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. (MSNBC 6/23/2004)

Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And President Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” (BBC 12/4/2002)

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. (Fainaru and Eggen 12/5/2002; Washington Post 12/11/2002) In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. (Washington Post 9/1/2002) As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” (Borger 10/10/2002) After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” (Gellman and Becker 6/25/2007) The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

FBI agents raid Ptech offices.FBI agents raid Ptech offices. [Source: ABC News]Federal agents search the offices of Ptech, Inc., a Boston computer software company, looking for evidence of links to Osama bin Laden. A senior Ptech official confirms that Yassin al-Qadi, one of 12 Saudi businessmen on a secret CIA list suspected of funneling millions of dollars to al-Qaeda, was an investor in the company, beginning in 1994. Ptech appears to have connections to other potential terrorist financiers (see 1994). In particular, there seem to be many ties between Ptech and BMI Inc., a New Jersey-based company whose list of investors has been called a “who’s who of designated terrorists and Islamic extremists” (see 1986-October 1999). (Hosenball 12/6/2002; WBZ 4 (Boston) 12/9/2002) A former FBI counterterrorism official states, “For someone like [al-Qadi] to be involved in a capacity, in an organization, a company that has access to classified information, that has access to government open or classified computer systems, would be of grave concern.” (WBZ 4 (Boston) 12/9/2002) On the day after the raid, US authorities will claim that Ptech’s software has been scrutinized and poses no danger. But security expert John Pike comments, “When you look at all of the different military security agencies that they have as customers, it’s very difficult to imagine how they would not be encountering sensitive information, classified information.” (National Public Radio 12/8/2002) The search into Ptech is part of Operation Greenquest, which has served 114 search warrants in the past 14 months involving suspected terrorist financing. Fifty arrests have been made and $27.4 million seized. (Hesseldahl 12/6/2002) However, the raid appears to have been largely for show. Ptech was notified by US officials in November that they were being investigated, and they were told in advance exactly when the raid would take place (see May-December 5, 2002). Top officials in the US government appear to have made up their minds before the results of the raid can even be examined. White House Press Secretary Ari Fleischer comments on the Ptech raid only hours after it ends: “The one thing I can share with you is that the products that were supplied by this company to the government all fell in the nonclassified area. None of it involved any classified products used by the government. The material has been reviewed by the appropriate government agencies, and they have detected absolutely nothing in their reports to the White House that would lead to any concern about any of the products purchased from this company.” (White House 12/6/2002) The fact that the raid takes place at all appears to be due to the persistence of Operation Greenquest investigators, who are engaged at this time in a bureaucratic battle with other investigators over who will control US government investigations into terrorist financing (see After March 20, 2002-Early 2003). Greenquest will lose this battle early in 2003 and get shut down (see May 13-June 30, 2003). In his 2003 book Black Ice, author Dan Verton will call Ptech an “innocent” casualty of Operation Greenquest’s “scorched-earth” tactics. (Verton 2003, pp. 223) No charges will be brought against Ptech, and the company will continue fulfilling sensitive government contracts under a new name (see May 14, 2004).

CIA interrogators use stress positions that will later be described as “potentially injurious” on detained al-Qaeda leader Abd al-Rahim al-Nashiri. Al-Nashiri is required to kneel on the floor and lean back, and on one occasion he does this a CIA officer reportedly pushes him backwards. On another occasion, an unnamed person has to intervene after somebody else expresses concern that al-Nashiri’s arms might be dislocated from his shoulders. At this time the interrogators are attempting to put al-Nashiri into a standing stress position; he is reportedly lifted off the floor by his arms while they are bound behind his back with a belt. (Central Intelligence Agency 5/7/2004, pp. 43 pdf file) The timing of these events is unknown, although other similar abuse of al-Nashiri takes place around December 2002 (see Late December 2002 or Early January 2003 and Between December 28, 2002 and January 1, 2003). At this time al-Nashiri is apparently being held at a CIA base in Poland. (Goldman 9/7/2010)

Syafrie Syamsuddin.Syafrie Syamsuddin. [Source: Kuantanutama.com]The International Crisis Group (ICG), an international think tank, publishes a report that identifies a “curious link” between the al-Qaeda affiliate group Jemaah Islamiyah (JI) and the Indonesian military, the TNI. (International Crisis Group 12/11/2002) PBS Frontline will later say that Sidney Jones, the author of the report, “is widely considered to know more about terrorism in Indonesia than anyone.” (PBS Frontline 4/2007) The ICG says the connection is “strong enough to raise the question of how much the TNI knew about Jemaah Islamiah” before the October 2002 Bali bombings. The report outs Fauzi Hasbi, a long-time JI leader, as an Indonesian government mole. It says that Hasbi has maintained links with Major-General Syafrie Syamsuddin since the late 1970s. “Hasbi maintains regular communication with Major-General Syafrie Syamsuddin to this day and is known to be close to the National Intelligence Agency head Hendropriyono.” Furthermore, an army intelligence officer interviewed by ICG had Hasbi’s number programmed into his cell phone, and actually called Hasbi and spoke to him while in the presence of the ICG investigator. And remarkably, Hasbi himself has claimed that he has treated Hambali, a top JI and al-Qaeda leader believed to have masterminded the 2002 Bali bombings, like a son. Hasbi and Hambali lived next door to each other in a small Malaysian village until late 2000 (see April 1991-Late 2000). (International Crisis Group 12/11/2002; Munro 12/12/2002) Hasbi is killed in mysterious circumstances two months later (see 1979-February 22, 2003).

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.” (Swarns and Lipton 8/7/2008)

The CIA’s inspector general, which is reviewing some aspects of the CIA’s performance with respect to 9/11, examines the agency’s analysis of Osama bin Laden-related matters before the attacks and finds it was wanting. The executive summary of the inspector general’s report will state that the US intelligence community’s understanding of al-Qaeda “was hampered by insufficient analytic focus, particularly regarding strategic analysis.” The inspector general also asks three former senior analysts to review what was produced about bin Laden. They find that there were some shortcomings, and that some important elements, such as discussions of the implications of information, were ignored. In addition they find there was:
bullet No comprehensive strategic assessment of al-Qaeda by any unit at the CIA;
bullet No comprehensive report focused on bin Laden after 1993;
bullet No examination of the possible use of planes as weapons;
bullet Limited analytic focus on the US as a target;
bullet No comprehensive analysis putting the increased threat reporting in the summer of 2001 into context;
bullet Not much strategic analysis in the CIA’s Counterterrorist Center, where the analytical unit focused on current and tactical issues.
In addition, the National Intelligence Council produced its last terrorist threat assessment before 9/11 in 1995, although it was updated in 1997. Work on a new assessment began in early 2001, but was not completed by 9/11. (Central Intelligence Agency 6/2005, pp. xvii-xviii pdf file)

CIA employees who have been applying “enhanced interrogation techniques” to al-Qaeda leader Abd al-Rahim al-Nashiri decide that he is now “compliant.” The techniques, including waterboarding, have been used on al-Nashiri for around a month (see (November 2002)). At this point, the agency regards him to be ready to be “debriefed”—a CIA term for part of an interrogation conducted by a more knowledgeable officer who does not use the enhanced techniques, or not to such an extent. Following this decision, the Counterterrorist Center at CIA headquarters sends out a senior operations officer to question al-Nashiri. (Central Intelligence Agency 5/7/2004, pp. 36, 41 pdf file) This officer will later become known to the public as “Albert.” (Goldman 9/7/2010) Al-Nashiri is currently being held at CIA black site in Poland (see December 5, 2002).

A CIA official known as a “debriefer” who has come out to question al-Qaeda leader Abd al-Rahim al-Nashiri at a secret CIA black site in Poland says that al-Nashiri is withholding information during interrogations. (Central Intelligence Agency 5/7/2004, pp. 41 pdf file; Goldman 9/7/2010) Al-Nashiri had previously been tortured by the agency (see (November 2002)), but the torture stopped when interrogators decided he was “compliant” (see Mid-December 2002). However, due to the decision that al-Nashiri is withholding information, some of the agency’s harsh techniques, including hooding and shackling, are now reinstated. (Central Intelligence Agency 5/7/2004, pp. 41 pdf file) According to a former CIA official who will talk to the Associated Press in 2010, the conclusion reached by the debriefer, who will later become known to the public as “Albert,” is disputed. Based on this official’s account, the Associated Press will report that there are “heated arguments at CIA headquarters” over what to do with al-Nashiri, but that in the end the abuse starts again. (Goldman 9/7/2010)

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” (Mayer 2/27/2006)

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). (Mayer 2/27/2006; Sands 5/2008)

The State Department publishes a fact sheet titled “Illustrative Examples of Omissions From the Iraqi Declaration to the United Nations Security Council,” which states that in its December 2002 declaration (see December 7, 2002) to the UN, Iraq “ignores [its] efforts to procure uranium from Niger.” (US Department of State 12/19/2002; Lumpkin 6/12/2003; Linzer 7/13/2003) Secretary of State Colin Powell rejects the UN dossier, in part because it does not account for the Nigerien uranium (see Between Late 2000 and September 11, 2001) and aluminum tubes (see Between April 2001 and September 2002) Iraq is supposedly using to make nuclear weapons. (Unger 2007, pp. 268) But at this time, there is no evidence that Iraq had in fact sought to obtain uranium from Niger. Prior to the fact sheet’s publication, the CIA had warned the State Department about this and recommended that the phrase be removed—advice the State Department chose to ignore. (Singh 6/12/2003) Throughout the rest of December, almost every statement the US goverment makes on Iraq will include references to the Nigerien uranium deal. President Bush, Vice President Cheney, Secretary of Defense Rumsfeld, National Security Adviser Condoleezza Rice, and Powell will all state publicly that Iraq had been caught trying to buy uranium from Niger. (Unger 2007, pp. 268)

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). (Mayer 2/27/2006) He later calls the interrogation practices “unlawful and unworthy of the military services.” (Savage 2007, pp. 179)
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. (Mayer 2/27/2006)

A CIA official known as a “debriefer” attempts to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri with a handgun and a power drill. (Central Intelligence Agency 5/7/2004, pp. 42 pdf file) The official, who will later become known as “Albert,” had come to interrogate al-Nashiri at an agency black site in Poland after al-Nashiri had been tortured (see (November 2002)), but recently decided that al-Nashiri was still withholding information (see Mid-December 2002). (Central Intelligence Agency 5/7/2004, pp. 42 pdf file; Mayer 2008, pp. 225; Goldman 9/7/2010) Albert gets approval for the plan to use the gun from his supervisor, known only as “Mike,” although Mike does not clear the plan with CIA headquarters. (Goldman 9/7/2010) Albert takes an unloaded semi-automatic handgun into al-Nashiri’s cell. He racks it once or twice, simulating the loading of a bullet into the chamber, close to al-Nashiri’s ear. (Central Intelligence Agency 5/7/2004, pp. 42 pdf file) After again receiving consent from Mike, around the same day Albert takes a power drill into the cell. While al-Nashiri is naked and hooded, he revs the drill to frighten al-Nashiri, but does not touch him with it. (Central Intelligence Agency 5/7/2004, pp. 42 pdf file; Goldman 9/7/2010) This abuse will be reported to CIA headquarters (see January 2003), but the Justice Department will decline to prosecute Albert (see September 11, 2003), and the result of the CIA inspector general’s investigation of the matter is unknown (see October 29, 2003).

The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” (Agence France-Presse 12/29/2002)

A CIA officer who is interrogating al-Qaeda leader Abd al-Rahim al-Nashiri threatens to harm al-Nashiri’s mother and family. The officer tells al-Nashiri that if he does not talk, “We could get your mother in here,” and, “We can bring your family in here.” (Central Intelligence Agency 5/7/2004, pp. 42 pdf file) At this time al-Nashiri is apparently being held at a CIA base in Poland. The officer will later become known as “Albert.” (Goldman 9/7/2010) Albert, who also threatens al-Nashiri with a gun and power drill around the same time (see Between December 28, 2002 and January 1, 2003), apparently wants al-Nashiri to infer, for what the CIA’s inspector general will call “psychological reasons,” that he may not be a US official. Instead, al-Nashiri is to believe that he comes from an Arabic country. Al-Nashiri would infer this because of Albert’s Arab accent. According to the inspector general, this is because it is “widely believed in Middle East circles” that interrogation by officials of this Arabic country involves “sexually abusing female relatives in front of the detainee.” (Central Intelligence Agency 5/7/2004, pp. 42-43 pdf file) The name of the Arabic country is not known, although Albert is of Egyptian descent. (Goldman 9/7/2010) Albert will admit not identifying himself as a US official to al-Nashiri, but say that he neither claimed to be an official of this Arabic country nor threatened his family. (Central Intelligence Agency 5/7/2004, pp. 42-43 pdf file)

The NSA’s secret room in the AT&T switching center.The NSA’s secret room in the AT&T switching center. [Source: PBS]Veteran AT&T technician Mark Klein (see July 7, 2009) takes an informal tour of his company’s facility on San Francisco’s Folsom Street (see Late 2002), along with three other technicians from his Geary Street offices. The tour, Klein will later say, is to introduce the four technicians to the Folsom Street staff, “because they were obviously eventually planning to bring us over there.” Klein learns that the rumors of a “secret room” in the facility are true (see Fall 2002). The secret room is on the facility’s sixth floor and is being built to house some sort of equipment, but Klein is unsure exactly what that equipment might be. Klein and the others see the outer door of the secret room, and a workman working on the door “suddenly [began talking to Klein and his colleages in a] very low voice like he didn’t want to be overheard. He felt like this was something secret, you know, and he didn’t know much about it, and he was saying: ‘None of us can go in there. It’s all secret.’ This was not only an affront to the technicians; it was a violation of union rules, because they were obviously planning to install telecommunications equipment, which is supposed to be the jurisdiction of the union technicians. We had a contract. So the technicians were not only angry about this secret thing that they’re not let in on, but also the fact that there’s work there that they’re excluded from. And they were told nothing about it. So that was it.” Klein is further surprised to learn that only a single non-union technician (whom he only identifies as “Ski,” an AT&T “field support specialist” who has been granted a security clearance by the National Security Agency (NSA)), is allowed to work in the secure room. No union technicians are allowed in, even though the installation work being done is specifically contracted to the union workers. “The regular technician work force was not allowed in the room,” Klein will later state. Klein deduces that this secret room is the long-rumored NSA installation he has been hearing about. Moreover, he notes with some alarm that the room is next door to the 4ESS phone switch, “the traditional workhorse used for AT&T long-distance calls.” Klein will write, “Now my mental alarm bells were ringing, but for the moment there was nothing to do but take some mental notes, particularly since it was not clear exactly what they [the NSA and AT&T] were doing.” (Wired News 4/7/2006; Democracy Now! 5/12/2006; PBS Frontline 5/15/2007; Klein 2009, pp. 26-28) Klein will explain that he chooses not to say anything about his concerns because he is “scared for several reasons, one being, well, this is obviously secret. This is obviously some federal government secret operation that they don’t want nosy people nosing around in, and if I started asking questions I could get into trouble. Furthermore, our jobs were in jeopardy anyway, because [we] were always getting wind that they were planning to close our previous office at Geary Street, and I didn’t need to give them an excuse to fire me. So I thought after thinking about it that the best thing to do is not to say anything and just watch it.” (PBS Frontline 5/15/2007) He later learns that similar cabinets are being installed in AT&T centers in other cities, including Seattle, San Jose, Los Angeles, and San Diego (see Late 2003). (Singel 4/7/2006) The Folsom Street facility is apparently connected to a more central surveillance facility operated out of one of AT&T’s main command centers in Missouri (see Late 2002-Early 2003).

The CIA’s Deputy Director for Operations, James Pavitt, asks the agency’s office of inspector general, headed by John Helgerson, to investigate allegations that a high-value detainee, Abd al-Rahim al-Nashiri, has been abused. Apparently, Pavitt has just learned of the abuse of al-Nashiri, who was captured in October or November the previous year (see Early October 2002). (Central Intelligence Agency 5/7/2004, pp. 1-2 pdf file) The abuse took place at a black site in Poland and was apparently carried out by a CIA officer known only as “Albert,” with the approval of his superior, “Mike.” (Central Intelligence Agency 5/7/2004, pp. 1-2 pdf file; Goldman 9/7/2010) The inspector general will issue a report on the incidents later in the year (see October 29, 2003).

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. (Central Intelligence Agency 5/7/2004, pp. 2 pdf file) The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

The wife of Mouhannad Almallah gives a statement against her husband to police. She says that he systematically beats her. She also accurately describes in detail his Islamist militant ties:
bullet She says that militants regularly met at her apartment. She and her husband have just moved, and militant continue to meet at their new apartment on Virgen del Coro street in Madrid.
bullet She says that her husband lived with Serhane Abdelmajid Fakhet for a month in December 2002. Mustapha Maymouni, Fakhet’s brother-in-law, visited as well. They moved when they felt they were suspected by police.
bullet She saw her husband open several boxes and noticed they contained books and videos about Osama bin Laden.
bullet Her husband and his brother, Moutaz Almallah, strongly suspect their phones are being monitored. Moutaz lives in London but frequently visits Spain (see August 2002).
bullet She describes four particularly important meetings held in her apartment beginning in November 2002. Moutaz and Mouhannad Almallah, Fakhet, and Mayoumi attended all the meetings. Basel Ghalyoun attended the fourth one. In these meetings, they always speak of attack and jihad. They talk about bin Laden, but refer to him as “Emir.”
bullet Sometimes her husband Mouhannad and Fakhet discuss Amer el-Azizi, who fled a police raid in November 2001 (see Shortly After November 21, 2001). She finds out they helped him escape Spain dressed as a woman. El-Azizi is believed to be linked to the 9/11 attacks (see Before July 8, 2001).
bullet Both Mouhannad and Fakhet remain in contact with el-Azizi by e-mail. Her husband’s brother Moutaz does as well.
bullet She occasionally sees her husband with Jamal Ahmidan, alias “El Chino.”
Police apparently take her warnings seriously because they begin monitoring her apartment in March 2003 (see January 17, 2003-Late March 2004). Most of these people—Fakhet, el-Azizi, Ghalyoun, and both Almallah brothers—are already under surveillance (see December 2001-June 2002). (García-Abadillo et al. 7/28/2005) All of the people she mentions are believed to have important roles in the 2004 Madrid bombings (see 7:37-7:42 a.m., March 11, 2004), except for Maymouni, who will be arrested and jailed later in 2003 for having a pivotal role in the May 2003 Casablanca bombings (see May 16, 2003).

In the habeas case of “enemy combatant” Yaser Esam Hamdi, the Court of Appeals for the Fourth Circuit rules again in favor of the government. The court decides that the facts presented by the government in the “Mobbs declaration” (see July 25, 2002) were sufficient to consider Hamdi rightfully as an “enemy combatant.” “Hamdi is not entitled to challenge the facts presented in the Mobbs declaration. Where, as here, a habeas petitioner has been designated an enemy combatant and it is undisputed that he was captured in a zone of active combat operations abroad, further judicial inquiry is unwarranted…,” the court holds. In response to Hamdi’s representatives’ argument that Article 5 of the Third Geneva Convention requires Hamdi’s status be determined by a competent tribunal, the court states that “the Geneva Convention is not self-executing,” and can therefore not be applied directly in a US court. (Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al. 1/8/2003 pdf file)

Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” (Mayer 2/27/2006)

FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. (Tapper 3/3/2003) Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” (Grow 12/22/2002) Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. (Bridis 1/10/2003) As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: (Tapper 3/3/2003)
bullet Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
bullet In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. (Gerth 5/15/2003)
bullet Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. (Ratnesar and Burger 12/30/2002)
bullet FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. (Tapper 3/3/2003; Riley 3/21/2006)
bullet David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. (Tapper 3/3/2003) The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” (Ratnesar and Weisskopf 5/27/2002) Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. (Lewis 5/27/2002)
bullet Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. (US Department of Justice 11/2004, pp. 279-280 pdf file; CNN 7/22/2005) Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
bullet President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. (Sepe 4/10/2003) However, she is fired after about a month, apparently for doing a poor job.
bullet An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). (CBS News 10/25/2002)

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” (Levin 4/21/2009)

It is reported that 22 cities representing 3.5 million residents have passed resolutions criticizing the Patriot and Homeland Security Acts (see October 26, 2001). Another 70 cities have such resolutions in the works. (Associated Press 1/12/2003) Many of the resolutions provide some legal justification for local authorities to resist cooperating in the federal war on terrorism when they deem civil liberties and Constitutional rights are being compromised. (Janofsky 12/23/2002)

The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. (Mayer 2/27/2006) Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. (Savage 2007, pp. 181) He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. (Mayer 2/27/2006; Savage 2007, pp. 189)

White House speechwriters Michael Gerson, Matthew Scully, and John Gibson decide to include an allegation about the purported Iraq-Niger uranium deal in President Bush’s upcoming state of the union address. They remember that the allegation had been pulled from at least two previous speeches (see September 11, 2002, October 5, 2002, October 6, 2002, and Late September 2002), but figure that if the CIA has a problem with it, the agency will ask them to remove it. They want to include it in the speech to increase the persuasiveness of Bush’s argument. (Isikoff and Corn 2006, pp. 169) Gibson later recalls that his assumption at this time is, “Maybe we had gotten better information on it.” (Isikoff and Corn 2006, pp. 171)

Beginning on January 17, 2003, Spanish police begin monitoring an apartment on Virgen de Coro street in Madrid owned by the brothers Moutaz and Mouhannad Almallah. Moutaz owns it but lives in London, so Mouhannad is the landlord and works there every day as well. Police were tipped off about the house earlier in the month by Mouhannad’s estranged wife. She revealed that a group of Islamist militants are regularly meeting there (see January 4, 2003). (Lazaro and Rubio 8/10/2005) Both Almallah brothers ties to known al-Qaeda figures such as Barakat Yarkas and radical imam Abu Qatada, and Moutaz moved to London in August 2002 to live with Qatada (see August 2002). In 2007, an unnamed Spanish police officer testifying in the Madrid bombings trial will give details about the surveillance of the apartment. He will call it an important place for both meetings and recruitment. The police note that both brothers travel frequently to and from London and also regularly call London. These calls are usually followed by calls to the Middle East or North Africa. Police are aware that Moutaz has no job in London and is in the circle of people around Abu Qatada (although Abu Qatada himself was arrested in late 2002 see (see October 23, 2002)). Basel Ghalyoun and Fouad el Morabit live at the apartment and frequently meet there with Mouhannad Almallah and Serhane Abdelmajid Fakhet. (El Mundo (Madrid) 3/21/2007) Ghalyoun will later admit that in early 2003, Fakhet began to “talk of carrying out an attack in Spain, making jihad…” He will say that others attending jihad meetings at the apartment in 2003 include Arish Rifaat and Rabei Osman Sayed Ahmed. (Rubio 10/15/2005) Mohammed Larbi ben Sellam is also frequently seen there. (Lazaro 9/28/2004) The surveillance intensifies in subsequent months, and soon the apartment is monitored with video as well (see Spring 2003 and After). Police will keep watching the apartment until arrests are made after the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). Rifaat, Fakret, and others will allegedly blow themselves up shortly after the Madrid bombings (see 9:05 p.m., April 3, 2004). There are allegations Fakret was an informant (see Shortly After October 2003). Mouhannad Almallah, Ghalyoun, ben Sellam, and el Morabit will be convicted in 2007 and each sentenced to 12 years for roles in the bombings (see October 31, 2007). Ahmed will be convicted of different charges in Italy (see October 31, 2007). Curiously, when the apartment is raided shortly after the Madrid bombings, two documents belonging to police officer Ayman Maussili Kalaji will be found inside. Kalaji will admit to having a friendship with Moutaz Almallah dating back at least to 1995 (see May 16, 2005).

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). (Mayer 2/27/2006)

Cheney’s chief of staff, I. Lewis Libby, presents the latest draft of a paper that is meant to serve as a rebuttal to Iraq’s December 7 declaration (see February 5, 2003) to Condoleezza Rice, Stephen Hadley, Paul Wolfowitz, Karl Rove, Richard Armitage, Michael Gerson, and Karen Hughes. The paper, written with the help of John Hannah, is supposed to serve as the basis for the speech Secretary of State Colin Powell will deliver to the UN Security Council on February 5 (see February 5, 2003). In his presentation, Libby says that intercepts and human intelligence reports indicate that Saddam Hussein has been attempting to conceal items. He doesn’t know what items are being hidden by the Iraqis, but he says it must be weapons of mass destruction. He also claims that Iraq has extensive ties to al-Qaeda, and cites the alleged meeting between Mohamed Atta and an Iraqi Intelligence agent (see April 8, 2001) as one example. While Armitage is disappointed with Libby’s presentation, Wolfowitz and Rove seem impressed. Karen Hughes warns Libby not to stretch the facts. (Bamford 2004, pp. 368; Isikoff and Corn 2006, pp. 175)

The 9/11 Commission, officially titled the National Commission on Terrorist Attacks Upon the United States, holds its first meeting in Washington. The commission has $3 million and only a year and a half to explore the causes of the attacks. By comparison, a 1996 federal commission to study legalized gambling was given two years and $5 million. (Associated Press 1/27/2003) Two months later the Bush administration grudgingly increases the funding to $12 million total (see March 26, 2003). (Associated Press 1/27/2003) A few days later, Vice Chairman Lee Hamilton says, “The focus of the commission will be on the future. We want to make recommendations that will make the American people more secure.… We’re not interested in trying to assess blame, we do not consider that part of the commission’s responsibility.” (Waterman 2/6/2003)

Following the 9/11 Commission’s first formal meeting, Democratic commissioner Max Cleland is unhappy with the state of the inquiry. Specifically, he dislikes the facts that the Commission will not issue subpoenas for the documents it wants (see January 27, 2003) and will have a single non-partisan staff headed by executive director Philip Zelikow, who is close to National Security Adviser Condoleezza Rice (see Shortly Before January 27, 2003). In addition, he is disappointed by the resignations of Henry Kissinger (see December 13, 2002) and George Mitchell (see December 11, 2002). Although Kissinger is a Republican, Cleland had believed that “with Kissinger… we were going to get somewhere,” because: “This is Henry Kissinger. He’s the big dog.” Kissinger’s replacement Tom Kean has no experience in Washington and Cleland thinks he is “not going to be the world’s greatest tiger in asking a difficult question.” Cleland respects Mitchell’s replacement Lee Hamilton, but knows that he has a reputation for a non-confrontational style of politics, the reason he was initially passed over for the position of vice chairman of the Commission (see Before November 27, 2002). (Shenon 2008, pp. 71-72)

Iraqi bomb allegedly containing botulism toxin.Iraqi bomb allegedly containing botulism toxin. [Source: CIA]President Bush gives his State of the Union address to a joint session of Congress, making several false allegations about Iraq. (US President 2/3/2003) An empty seat is left open to symbolize the lives lost during the 9/11 attacks. Author Craig Unger will later characterize Bush’s delivery as somber and effective. He will be interrupted some 70 times by thunderous applause from the assembled lawmakers in the House chambers. One of his biggest applause lines is his statement about the US’s war on “international terrorism:” “The war goes on, and we are winning.” (Unger 2007, pp. 269-270)
African Uranium - He says: “The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa. Saddam Hussein has not credibly explained these activities.… He clearly has much to hide.” (US President 2/3/2003; White House 4/18/2003; Grice and Usborne 6/5/2003) The British allegation cited by Bush concerns a SISMI (Italy’s military intelligence) report (see Mid-October 2001) based on a set of forged documents. Months after the speech, with evidence mounting that the statement was completely false, the administration will retract this claim (see 3:09 p.m. July 11, 2003).
Aluminum Tubes - Bush alleges that a shipment of aluminum tubes imported by Iraq was intended to be used in the country’s alleged nuclear weapons program. “Our intelligence sources tell us that he has attempted to purchase high-strength aluminum tubes suitable for nuclear weapons production. Saddam Hussein has not credibly explained these activities. He clearly has much to hide.” (US President 2/3/2003)
Biological Agents - Bush lists a parade of agents: “anthrax, botulinum toxin, Ebola, and plague,” many of which Iraq has never been accused of possessing, and warns against “outlaw regimes that seek and possess nuclear, chemical, and builogical weapons… blackmail, terror, and mass murder.” He then moves from the general to the specific, accusing Iraq of having enough material “to produce over 25,000 liters of anthrax—enough doses to kill several million people… more than 38,000 liters of botulinum toxin—enough to subject millions of people to death by respiratory failure… as much as 500 tons of sarin, mustard and VX nerve agent.” (US President 2/3/2003; Unger 2007, pp. 270-271)
False Testimony from Iraqi Scientists - Bush alleges: “Iraqi intelligence officers are posing as the scientists inspectors are supposed to interview. Real scientists have been coached by Iraqi officials on what to say.” (US President 2/3/2003) But Hans Blix, the chief UNMOVIC weapons inspector, tells the New York Times in an interview that he knows of no evidence supporting this claim. (Miller and Preston 1/31/2003)
Defector Allegations - Bush, citing intelligence provided by “three Iraqi defectors,” says, “We know that Iraq, in the late 1990s, had several mobile weapons labs… designed to produce germ warfare agents and can be moved from place to a place to evade inspectors.” One of the defectors referred to by Bush is ‘Curveball,’ whom the CIA station chief in Germany warned was not reliable the day before (see January 27, 2003). German intelligence officials watching Bush’s speech are “shocked.” One official later recalls: “Mein Gott! We had always told them it was not proven.… It was not hard intelligence.” (Drogin and Goetz 11/20/2005) Another source for the claim was Mohammad Harith, whom the Defense Intelligence Agency had labeled a “fabricator” the previous May (see May 2002).
Torture, Murder, and 9/11 - Bush accuses Iraqi dictator Saddam Hussein of routinely torturing his own people, using such techniques as “electric shock, burning with hot irons, dripping acid on the skin, mutilation with electric drills, cutting out tongues, and rape.” He then connects Hussein, the torturer, murderer, and terrorist supporter, to the 9/11 attacks, saying: “[I]magine those 19 hijackers with other weapons and other plans—this time armed by Saddam Hussein. It would take one vial, one canister, one crate slipped into this country to bring a day of horror like none we have ever known.” He invites “all free nations” to join him in ensuring no such attack ever happens, but notes that “the course of this nation does not depend on the decisions of others.” After another long burst of applause, Bush continues, “Whatever action is required, whatever action is necessary, I will defend the freedom and security of the American people.” (Unger 2007, pp. 270-271)
'Direct Personal Threat' - Bush states what former ambassador Joseph Wilson later writes can only be interpreted by Hussein “as a direct personal threat,” saying: “Tonight I have a message for the brave and oppressed people of Iraq: Your enemy is not surrounding your country, your enemy is ruling your country. And the day he and his regime are removed from power will be the day of your liberation.” Wilson will later write: “Not simply promising the disarmament of Iraq as he had in his recent speeches, the president now stated outright his intention to rout Saddam from power, and to kill or capture him. It was an unwise thing to say. It made whatever strategy we adopted for Iraq that much more dangerous because it so blatantly telegraphed our next move and our ultimate goal.” (US President 2/3/2003; Wilson 2004, pp. 315)
Defending America - To America’s soldiers, he says: “Many of you are assembling in or near the Middle East, and some crucial hours lay ahead. In these hours, the success of our cause will depend on you. Your training has prepared you. Your honor will guide you. You believe in America, and America believes in you.” In 2007, Unger will write: “A few years earlier, Bush had confided that he thought to be a great president meant being a great commander in chief. Now George W. Bush was leading his nation into war.” (Unger 2007, pp. 270-271)

The government reveals in a closed-door court hearing that recent interrogations of top al-Qaeda prisoners indicate that Zacarias Moussaoui may have been part of a plot to hijack a fifth plane on the day of 9/11, perhaps with the White House as its target. This is in contrast to the government’s original accusation that Moussaoui was to be the “20th hijacker” on Flight 93. Because Moussaoui does not have a security clearance, he cannot see the classified evidence against him, but he later learns of this “fifth-jet theory” while reading a transcript of the hearing that was not thoroughly redacted. (Bohn and Bernardini 8/8/2003; Novak 10/19/2003) At Moussaoui’s 2006 trial (see March 6-May 4, 2006), the prosecution will support the fifth jet theory—which Moussaoui both admits (see March 27, 2006) and denies (see April 22, 2005)—arguing that he engaged in parallel conduct with the hijackers (see February 23-August 16, 2001) and was supported by the same people (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000). The theory is also supported by the hearsay of what one of the hijackers reportedly told a relative. In February 2001, Khalid Almihdhar told a cousin that Osama bin Laden was planning to launch five attacks against the US (see Late October 2000-July 4, 2001). But during interrogations, some captured al-Qaeda leaders will reportedly insist that Moussaoui was only a back-up (see November 20, 2002), while others will claim that he was part of a follow-up operation (see Before 2008).

AT&T completes installing “splitter” equipment in its Folsom Street, San Francisco, facility (see January 2003), enabling the National Security Agency (NSA) to monitor a vast amount of domestic and international electronic communications over telephone and Internet connections. (Klein 2009, pp. 34-35) Veteran AT&T technician Mark Klein (see July 7, 2009) later helps connect Internet circuitry to a splitting cabinet that leads into the secret room (see October 2003). In an affidavit, Klein will later state, “While doing my job, I learned that fiber optic cables from the secret room were tapping into the Worldnet (AT&T’s Internet service) circuits by splitting off a portion of the light signal.” The circuitry allows AT&T to divert traffic to and from its network from other domestic and international providers to the NSA monitoring equipment, meaning that even citizens who do not use AT&T as their provider can be monitored. (Wired News 4/7/2006)

Jay Bybee, the head of the Office of Legal Counsel (OLC) and the signatory on a number of memos authorizing torture and expanded presidential powers (see March 13, 2002 and August 1, 2002), is confirmed by the Senate to become a federal appeals court judge. The Senate Judiciary Committee scheduled Bybee’s confirmation hearing for the same day that Secretary of State Colin Powell was slated to give his presentation to the UN on Iraq’s weapons of mass destruction (see February 5, 2003); most of the committee’s Democrats choose to watch Powell’s presentation, thus only friendly Republican Senators are in the hearing. Bybee is confirmed easily. (Savage 2007, pp. 182)

Colin Powell and George Tenet, at the UN presentation.Colin Powell and George Tenet, at the UN presentation. [Source: CBS News]US Secretary of State Colin Powell presents the Bush administration’s case against Saddam to the UN Security Council, in advance of an expected vote on a second resolution that the US and Britain hope will provide the justification to use military force against Iraq. (Powell 2/5/2003) At the insistence of Powell, CIA Director George Tenet is seated directly behind him to the right. “It was theater, a device to signal to the world that Powell was relying on the CIA to make his case that Iraq had weapons of mass destruction,” Vanity Fair magazine will later explain. (Bamford 2004, pp. 371-2; Burrough et al. 5/2004, pp. 232) In his speech before the Council, Powell makes the case that Iraq is in further material breach of past UN resolutions, specifically the most recent one, UN Resolution 1441 (see November 8, 2002). Sources cited in Powell’s presentation include defectors, informants, communication intercepts, procurement records, photographs, and detainees. (Powell 2/5/2003) Most of the allegations made by Powell are later demonstrated to be false. “The defectors and other sources went unidentified,” the Associated Press will later report. “The audiotapes were uncorroborated, as were the photo interpretations. No other supporting documents were presented. Little was independently verifiable.” (Hanley 8/9/2003)
Iraq's December 7 Declaration Was Inaccurate - Powell contends that Iraq’s December 7 declaration was not complete. According to UN Resolution 1441 the document was supposed to be a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction. But Saddam has not done this, says Powell, who explains that Iraq has yet to provide sufficient evidence that it destroyed its previously declared stock of 8,500 liters of anthrax, as it claimed in the declaration. Furthermore, notes the secretary of state, UNSCOM inspectors had previously estimated that Iraq possessed the raw materials to produce as much as 25,000 liters of the virus. (Chivers 2/5/2003; Powell 2/5/2003; Warrick 2/6/2003)
Iraq Has Ties to Al-Qaeda - Powell repeats earlier claims that Saddam Hussein’s government has ties to al-Qaeda. Powell focuses on the cases of the militant Islamic group Ansar-al-Islam and Abu Musab Zarqawi, a Jordanian-born Palestinian, who had received medical treatment in Baghdad during the summer of 2002 (see December 2001-Mid-2002). (Powell 2/5/2003) However, just days before Powell’s speech, US and British intelligence officials—speaking on condition of anonymity—told the press that the administration’s allegations of Iraqi-al-Qaeda ties were based on information provided by Kurdish groups, who, as enemies of Ansar-al-Islam, should not be considered reliable. Furthermore, these sources unequivocally stated that intelligence analysts on both sides of the Atlantic remained unconvinced of the purported links between Iraq and al-Qaeda (see February 3-4, 2003). (Sengupta 2/3/2003; Smith and Rennie 2/4/2003) Powell also claims that Iraq provided “chemical or biological weapons training for two al-Qaeda associates beginning in December 2000.” The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim was not substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recounts the claim (see February 14, 2004). (CNN 9/26/2002; Jehl 7/31/2004; Isikoff 7/5/2005) Larry Wilkerson, Powell’s chief of staff, will later say that neither he nor Powell ever received “any dissent with respect to those lines… indeed the entire section that now we know came from [al-Libi].” (Isikoff and Hosenball 11/10/2005) Senior US officials will admit to the New York Times and Washington Post after the presentation that the administration was not claiming that Saddam Hussein is “exercising operational control” of al-Qaeda. (Gordon 2/6/2003; Pincus 2/7/2003)
Iraq Has Missiles Capable of Flying Up to 1,200 Kilometers - Describing a photo of the al-Rafah weapons site, Powell says: “As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust vent on the right test stand is five times longer than the one on the left. The one of the left is used for short-range missiles. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers. This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” (Powell 2/5/2003; Chivers 2/5/2003) But according to the Associated Press, “… UN missile experts have reported inspecting al-Rafah at least five times since inspections resumed Nov. 27, have studied the specifications of the new test stand, regularly monitor tests at the installation, and thus far have reported no concerns.” (Hanley 2/7/2003) Similarly, Reuters quotes Ali Jassem, an Iraqi official, who explains that the large stand referred to in Powell’s speech is not yet in operation and that its larger size is due to the fact that it will be testing engines horizontally. (Ladki 2/7/2003; Steele 2/15/2003) Several days later, Blix will report to the UN that “so far, the test stand has not been associated with a proscribed activity.” (Steele 2/15/2003)
Iraqis Attempted to Hide Evidence from Inspectors - Powell shows the UN Security Council satellite shots depicting what he claims are chemical weapons bunkers and convoys of Iraqi cargo trucks preparing to transport ballistic missile components from a weapons site just two days before the arrival of inspectors. “We saw this kind of housecleaning at close to 30 sites,” Powell explains. “We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?” (Powell 2/5/2003) But the photos are interpreted differently by others. An unnamed UN official and German UN Inspector Peter Franck both say the trucks in the photos are actually fire engines. (Stober 3/18/2003; Agence France-Presse 6/6/2003)
'Literally Removed the Crust of the Earth' - Another series of photos—taken during the spring and summer of 2002—show that Iraqis have removed a layer of topsoil from the al-Musayyib chemical complex. This piece of evidence, combined with information provided by an unnamed source, leads Powell to draw the following conclusion: “The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.” (Powell 2/5/2003; Warrick 2/6/2003) Showing another series of pictures—one taken on November 10 (before inspections) and one taken on December 22—Powell says that a guard station and decontamination truck were removed prior to the arrival of inspectors. Powell does not explain how he knows that the truck in the photograph was a decontamination truck. (Powell 2/5/2003; Warrick 2/6/2003; DeYoung and Pincus 2/6/2003) AP reporter Charles Hanley says that some of Powell’s claims that Iraq is hiding evidence are “ridiculous.” Powell says of a missile site, “This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” Hanley later says, “What he neglected to mention was that the inspectors were underneath, watching what was going on.” (Moyers 4/25/2007)
Communication Intercepts Demonstrate Iraqi Attempts to Conceal Information from Inspectors - Powell plays recordings of three conversations intercepted by US intelligence—one on November 26, another on January 30, and a third, a “few weeks” before. The conversations suggest that the Iraqis were attempting to hide evidence from inspectors. (Chivers 2/5/2003; Powell 2/5/2003; Reid 2/6/2003; Sydney Morning Herald 2/7/2003) Senior administration officials concede to the Washington Post that it was not known “what military items were discussed in the intercepts.” (Priest and Pincus 2/13/2003) Some critics argue that the intercepts were presented out of context and open to interpretation. (Sydney Morning Herald 2/7/2003; Sydney Morning Herald 2/9/2003) Others note that the conversations were translated from Arabic by US translators and were not analyzed or verified by an independent specialist. (Breslin 2/6/2003)
Biological Weapons Factories - Colin Powell says that US intelligence has “firsthand descriptions” that Iraq has 18 mobile biological weapons factories mounted on trucks and railroad cars. Information about the mobile weapons labs are based on the testimonies of four sources—a defected Iraqi chemical engineer who claims to have supervised one of these facilities, an Iraqi civil engineer (see December 20, 2001), a source in “a position to know,” and a defected Iraqi major (see February 11, 2002). Powell says that the mobile units are capable of producing enough dry biological agent in a single month to kill several thousand people. He shows computer-generated diagrams and pictures based on the sources’ descriptions of the facilities. Powell says that according to the chemical engineer, during the late 1990s, Iraq’s biological weapons scientists would often begin the production of pathogens on Thursday nights and complete the process on Fridays in order to evade UNSCOM inspectors whom Iraq believed would not conduct inspections on the Muslim holy day. (Chivers 2/5/2003; Powell 2/5/2003; Warrick 2/6/2003; Marshall 2/11/2003) Powell tells the delegates, “The source was an eyewitness, an Iraqi chemical engineer, who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.” He displays models of the mobile trucks drawn from the source’s statements. (CBS News 11/4/2007) Responding to the allegation, Iraqi officials will concede that they do in fact have mobile labs, but insist that they are not used for the development of weapons. According to the Iraqis, the mobile labs are used for food analysis for disease outbreaks, mobile field hospitals, a military field bakery, food and medicine refrigeration trucks, a mobile military morgue and mobile ice making trucks. (Plesch 2/5/2003; ABC News 5/21/2003) Iraq’s explanation is consistent with earlier assessments of the UN weapons inspectors. Before Powell’s presentation, Hans Blix had dismissed suggestions that the Iraqis were using mobile biological weapons labs, reporting that inspections of two alleged mobile labs had turned up nothing. “Two food-testing trucks have been inspected and nothing has been found,” Blix said. And Ewen Buchanan, spokesman for the UN Monitoring, Verification and Inspection Commission, said, “The outline and characteristics of these trucks that we inspected were all consistent with the declared purposes.” (Plesch 2/5/2003; ABC News 5/21/2003)
'Curveball' Primary Source of Claims - Powell’s case is further damaged when it is later learned that one of the sources Powell cited, the Iraqi major, had been earlier judged unreliable by intelligence agents at the Defense Intelligence Agency (see February 11, 2002). In May 2002, the analysts had issued a “fabricator notice” on the informant, noting that he had been “coached by [the] Iraqi National Congress” (INC) (see May 2002). But the main source for the claim had been an Iraqi defector known as “Curveball,” who was initially believed to be the brother of a top aide to Ahmed Chalabi. The source claimed to be a chemical engineer who had helped design and build the mobile labs. His information was passed to Washington through Germany’s intelligence service, the Bundesnachrichtendienst (BND), which had been introduced to the source by the INC. In passing along the information, the BND noted that there were “various problems with the source.” And only one member of the US intelligence community had actually met with the person—an unnamed Pentagon analyst who determined the man was an alcoholic and of dubious reliability. Yet both the DIA and the CIA validated the information. (Veteran Intelligence Professionals for Sanity 8/22/2003; Drogin and Miller 3/28/2004; Landay and Brown 4/4/2004; Newsweek 4/19/2004; Isikoff 7/19/2004) Powell says that the US has three other intelligence sources besides Curveball for the mobile bioweapons labs. Powell will be infuriated to learn that none of those three sources ever corroborated Curveball’s story, and sometimes their information contradicted each other. One of the three had failed a polygraph test and was determined to have lied to his debriefers. Another had already been declared a fabricator by US intelligence community, and had been proven to have mined his information off the Internet. (Drogin and Karlin 11/27/2007) In November 2007, Curveball is identified as Rafid Ahmed Alwan. Serious questions about Curveball’s veracity had already been raised by the time of Powell’s UN presentation. He will later be completely discredited (see November 4, 2007).
Further Problems with Mobile Lab Claims - In addition to the inspectors’ assessments and the dubious nature of the sources Powell cited, there are numerous other problems with the mobile factories claim. Raymond Zilinskas, a microbiologist and former UN weapons inspector, argues that significant amounts of pathogens such as anthrax, could not be produced in the short span of time suggested in Powell’s speech. “You normally would require 36 to 48 hours just to do the fermentation…. The short processing time seems suspicious to me.” He also says: “The only reason you would have mobile labs is to avoid inspectors, because everything about them is difficult. We know it is possible to build them—the United States developed mobile production plants, including one designed for an airplane—but it’s a big hassle. That’s why this strikes me as a bit far-fetched.” (Warrick 2/6/2003) After Powell’s speech, Blix will say in his March 7 report to the UN that his inspectors found no evidence of mobile weapons labs (see March 7, 2003). (CNN 3/7/2003; Agence France-Presse 3/7/2003; King et al. 3/7/2003) Reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, says in 2007, “[B]y the time Colin Powell goes to the UN to make the case for war, he shows the world artists’ conjectures based on analysts’ interpretations and extrapolations of Arabic-to-German-to-English translations of summary debriefing reports of interviews with a manic-depressive defector whom the Americans had never met. [CIA director George] Tenet told Powell that Curveball’s information was ironclad and unassailable. It was a travesty.” (Holland 10/22/2007)
'Four Tons' of VX Toxin - Powell also claims that Iraq has “four tons” of VX nerve toxin. “A single drop of VX on the skin will kill in minutes,” he says. “Four tons.” Hanley later notes, “He didn’t point out that most of that had already been destroyed. And, on point after point he failed to point out that these facilities about which he was raising such alarm were under repeated inspections good, expert people with very good equipment, and who were leaving behind cameras and other monitoring equipment to keep us a continuing eye on it.” (Moyers 4/25/2007)
Iraq is Developing Unmanned Drones Capable of Delivering Weapons of Mass Destruction - Powell asserts that Iraq has flight-tested an unmanned drone capable of flying up to 310 miles and is working on a liquid-fueled ballistic missile with a range of 745 miles. He plays a video of an Iraqi F-1 Mirage jet dispersing “simulated anthrax.” (Powell 2/5/2003; Chivers 2/5/2003; Graham 2/6/2003) But the Associated Press will later report that the video was made prior to the 1991 Gulf War. Apparently, three of the four spray tanks shown in the film had been destroyed during the 1991 military intervention. (Hanley 8/9/2003)
Imported Aluminum Tubes were Meant for Centrifuge - Powell argues that the aluminum tubes which Iraq had attempted to import in July 2001 (see July 2001) were meant to be used in a nuclear weapons program and not for artillery rockets as experts from the US Energy Department, the INR, and the IAEA have been arguing (see February 3, 2003) (see January 11, 2003) (see August 17, 2001) (see January 27, 2003). To support the administration’s case, he cites unusually precise specifications and high tolerances for heat and stress. “It strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds US requirements for comparable rockets,” he says. “Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.” Powell also suggests that because the tubes were “anodized,” it was unlikely that they had been designed for conventional use. (Powell 2/5/2003; Warrick 2/5/2003; Warrick 3/8/2003) Powell does not mention that numerous US nuclear scientists have dismissed this claim (see August 17, 2001) (see September 23, 2002) (see December 2002). (Albright 10/9/2003) Powell also fails to say that Iraq has rockets identical to the Italian Medusa 81 mm rockets, which are of the same dimensions and made of the same alloy as the 3,000 tubes that were intercepted in July 2001 (see After January 22, 2003). (Gellman and Pincus 8/10/2003) This had been reported just two weeks earlier by the Washington Post. (Richburg 1/24/2003) Moreover, just two days before, Powell was explicitly warned by the US State Department’s Bureau of Intelligence and Research not to cite the aluminum tubes as evidence that Iraq is pursuing nuclear weapons (see February 3, 2003). (Wetzel 7/29/2003)
Iraq Attempted to Acquire Magnets for Use in a Gas Centrifuge Program - Powell says: “We… have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines. Both items can be used in a gas centrifuge program to enrich uranium. In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War.” (Powell 2/5/2003; Gordon 2/6/2003) Investigation by the UN’s International Atomic Energy Agency [IAEA] will demonstrate that the magnets have a dual use. IAEA Director Mohamed ElBaradei said a little more than a week before, on January 27, in his report to the Security Council: “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements.’ Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (see January 27, 2003) (Annan 1/27/2003 pdf file) On March 7, ElBaradei will provide an additional update: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters and field telephones. Through visits to research and production sites, reviews of engineering drawings and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” (see March 7, 2003) (CNN 3/7/2003)
Iraq Attempted to Purchase Machines to Balance Centrifuge Rotors - Powell states: “Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.” (Powell 2/5/2003; Gordon 2/6/2003)
Powell Cites Documents Removed from Home of Iraqi Scientist Faleh Hassan - Powell cites the documents that had been found on January 16, 2003 by inspectors with the help of US intelligence at the Baghdad home of Faleh Hassan, a nuclear scientist. Powell asserts that the papers are a “dramatic confirmation” that Saddam Hussein is concealing evidence and not cooperating with the inspections. The 3,000 documents contained information relating to the laser enrichment of uranium (see January 16, 2003). (Coughlin 1/18/2003; Jahn 1/18/2003; BBC 1/19/2003; Powell 2/5/2003) A little more than a week later, in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say, “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” (Steele 2/15/2003; BBC 2/17/2003; Hanley 8/9/2003)
Iraq is Hiding Missiles in the Desert - Powell says that according to unidentified sources, the Iraqis have hidden rocket launchers and warheads containing biological weapons in the western desert. He further contends that these caches of weapons are hidden in palm groves and moved to different locations on a weekly basis. (Powell 2/5/2003) It will later be suggested that this claim was “lifted whole from an Iraqi general’s written account of hiding missiles in the 1991 war.” (Hanley 8/9/2003)
Iraq Has Scud Missiles - Powell also says that according to unnamed “intelligence sources,” Iraq has a few dozen Scud-type missiles. (Hanley 8/9/2003)
Iraq Has Weapons of Mass Destruction - Secretary of State Colin Powell states unequivocally: “We… have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities. There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.” Elsewhere in his speech he says: “We know that Saddam Hussein is determined to keep his weapons of mass destruction, is determined to make more.” (Powell 2/5/2003; CNN 2/5/2003)
Governments, Media Reaction Mixed - Powell’s speech will fail to convince many skeptical governments, nor will it impress many in the European media. But it will have a tremendous impact in the US media (see February 5, 2003 and After).

Alberto Mora, the Navy’s general counsel, invites Justice Department lawyer John Yoo to his office to discuss Yoo’s recent memo defending the legality of extreme interrogation techniques used against terror suspects (see January 9, 2002). Mora has been working to put an end to such tactics at the Pentagon, but was horrified when his supervisor, Pentagon general counsel William Haynes, outflanked him with the Yoo memo (see January 23-Late January, 2003). Mora wants to know if Yoo believes cruel, inhuman or degrading treatment can be allowed at Guantanamo, and if that the president’s authority to order torture is virtually unlimited. During the meeting with Yoo, Mora asks him, “Are you saying the President has the authority to order torture?” Yoo replies, “Yes.” “I don’t think so,” Mora retorts. “I’m not talking policy,” Yoo replies, “I’m just talking about the law.” Mora responds, “Well, where are we going to have the policy discussion, then?” Yoo has no idea. Perhaps it will take place within the Pentagon, where the defense-policy experts are. Mora knows that no such discussion will ever take place; the Bush administration will use Yoo’s memo to justify its support of torture. (Mayer 2/27/2006; Eggen and White 4/2/2008)

Charles Lewis.
Charles Lewis. [Source: Center for Public Integrity]Charles Lewis of the Center for Public Integrity reveals the leaked text of a new anti-terrorism bill. Called the Domestic Security Enhancement Act of 2003, it becomes popularly known as the Patriot Act II. The text of the bill is dated January 9, 2003. (Congress 1/9/2003; Lewis 2/7/2003; Lewis and Mayle 2/7/2003) Before it was leaked, the bill was being prepared in complete secrecy from the public and Congress. Only House Speaker Dennis Hastert and Vice President Cheney were sent copies on January 10. (San Francisco Chronicle 2/11/2003) A week earlier, Attorney General Ashcroft said the Justice Department was not working on any bill of this type, and when the text is released, they say it is just a rough draft. But the text “has all the appearance of a document that has been worked over and over.” (Hentoff 2/28/2003; Schabner 3/12/2003) Some, including a number of congresspeople, speculate that the government is waiting until a new terrorist act or war fever before formally introducing this bill. (Lewis 2/7/2003; Holland 2/10/2003; Bourge 3/10/2003; Lee 3/26/2003) Here are some of its provisions:
bullet 1) The attorney general is given the power to deport any foreign national, even people who are legal permanent residents. No crime need be asserted, no proof offered, and the deportation can occur in complete secrecy. (Blumner 2/16/2003)
bullet 2) It would authorize secret arrests in terrorism investigations, which would overturn a court order requiring the release of names of their detainees. (Blumner 2/16/2003) Not even an attorney or family need be informed until the person is formally charged, if that ever happens. (Schabner 3/12/2003)
bullet 3) The citizenship of any US citizen can be revoked if they are members of or have supported any group the attorney general designates as terrorist. (Blumner 2/16/2003) A person who gives money to a charity that only later turns out to have some terrorist connection could then lose his or her citizenship. (Mariner 3/6/2003)
bullet 4) “Whole sections… are devoted to removing judicial oversight.” Federal agents investigating terrorism could have access to credit reports, without judicial permission. (Blumner 2/16/2003)
bullet 5) Federal investigators can conduct wiretaps without a court order for 15 days whenever Congress authorizes force or in response to an attack on the United States. (Bourge 3/10/2003)
bullet 6) It creates a DNA database of anyone the Justice Department determines to be a “suspect,” without court order. (Mercury News (San Jose) 2/20/2003)
bullet 7) It would be a crime for someone subpoenaed in connection with an investigation being carried out under the Patriot Act to alert Congress to any possible abuses committed by federal agents. (Schabner 3/12/2003)
bullet 8) Businesses and their personnel who provide information to anti-terrorism investigators are granted immunity even if the information is fraudulent. (Schabner 3/12/2003)
bullet 9) The government would be allowed to carry out electronic searches of virtually all information available about an individual without having to show probable cause and without informing the individual that the investigation was being carried out. Critics say this provision “would fundamentally change American society” because everyone would be under suspicion at all times. (Schabner 3/12/2003)
bullet 10) Federal agents would be immune from prosecution when they engage in illegal surveillance acts. (Bourge 3/10/2003)
bullet 11) Restrictions are eased on the use of secret evidence in the prosecution of terror cases. (Bourge 3/10/2003)
bullet 12) Existing judicial consent decrees preventing local police departments from spying on civil rights groups and other organizations are canceled. (Grieve 3/24/2003)
bullet Initially the story generates little press coverage, but there is a slow stream of stories over the next weeks, all expressing criticism. Of all the major newspapers, only the Washington Post puts the story on the front page, and no television network has the story in prime time. (Anderson 2/8/2003; CBS News 2/8/2003; Savage 2/8/2003; Clymer 2/8/2003; Lane 2/8/2003; Holland 2/10/2003; San Francisco Chronicle 2/11/2003; Balkin 2/13/2003; Blumner 2/16/2003; Denver Post 2/20/2003; Post-Gazette 2/20/2003; Mercury News (San Jose) 2/20/2003; Goyle 2/21/2003; Star-Tribune (Minneapolis) 2/21/2003; Hentoff 2/28/2003; Houston Chronicle 3/1/2003; Mariner 3/6/2003; Bourge 3/10/2003; Schabner 3/12/2003; Simon 3/19/2003; Grieve 3/24/2003; Lee 3/26/2003; Ruth 4/6/2003) Representative Jerrold Nadler (D-NY) says the bill amounts to “little more than the institution of a police state.” (San Francisco Chronicle 2/11/2003)

Secretary of State Colin Powell obtains an advance transcript of a new audio tape thought to be from Osama bin Laden before it is broadcast on Al Jazeera, but misrepresents the contents to a US Senate panel, implying it shows a partnership between al-Qaeda and Iraq. (CNN 2/12/2003) Following Powell’s initial claim the tape exists, Al Jazeera says that it has no such tape and dismisses Powell’s statement as a rumor. (Associated Press 2/12/2003) However, later in the day Al Jazeera says that it does have the tape. (Reuters 2/12/2003) It is unclear how Powell obtains the advance copy, and Counterpunch even jokes, “Maybe the CIA gave Powell the tape before they delivered it to Al Jazeera?” (Nimmo 2/13/2003) In his testimony to the Senate Budget Committee Powell says, “[Bin Laden] speaks to the people of Iraq and talks about their struggle and how he is in partnership with Iraq.” (CNN 2/12/2003) Powell’s spokesperson, Richard Boucher, says that the recording proves “that bin Laden and Saddam Hussein seem to find common ground.” (Nakhoul 2/11/2003; Johnston 2/12/2003; Eggen and Schmidt 11/12/2003) However, although bin Laden tells his supporters in Iraq they may fight alongside the Saddam Hussein, if the country is invaded by the US (see November 12, 2002), he does not express any direct support for the current regime in Iraq, which he describes as “pagan.” (CNN 2/12/2003) A senior editor for Al Jazeera says the tape offers no evidence of ties between al-Qaeda and Saddam Hussein. “When you hear it, it doesn’t prove any relation between bin Laden or al-Qaeda group and the Iraqi regime,” he argues. (ABC News 2/12/2003) Several news reports also challenge Powell and Boucher’s interpretation. For example, CNN reveals that the voice had criticized Saddam’s regime, declaring that “the socialists and the rulers [had] lost their legitimacy a long time ago, and the socialists are infidels regardless of where they are, whether in Baghdad or in Aden.” (CNN 2/11/2003; MacFarquhar 11/12/2003) Similarly, a report published by Reuters notes that the voice “did not express support for Iraqi President Saddam Hussein—it said Muslims should support the Iraqi people rather than the country’s government.” (Nakhoul 2/11/2003)

The wife of Mouhannad Almallah gave Spanish police stunning details about a group of Islamist militants planning attacks in January 2003 (see January 4, 2003), and she returns to the police to give them a new lead. She previously said that her husband, his brother Moutaz Almallah, Serhane Abdelmajid Fakhet, and Mustapha Maymouni have been holding meetings planning attacks. Now she says that her husband told her that “one day” he would like to attack the Torres Kio towers of the Plaza de Castilla, an important Madrid landmark, with a car bomb. That attack does not occur, but all the men she mentions will be killed or arrested for roles in the 2004 Madrid bombings, except for Maymouni, who will be arrested for a role in bombings in Casablanca several months later (see May 16, 2003). Police apparently take her warnings seriously because they begin monitoring her apartment one month later (see January 17, 2003-Late March 2004). The wife’s brother, who is also Mouhannad’s business partner, will testify in 2007 that Mouhannad also told him about a desire to destroy the Torres Kio towers. (García-Abadillo et al. 7/28/2005; Marraco 3/13/2007)

The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which.The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which. [Source: CNN]Pakistani authorities raid an apartment in Quetta, Pakistan, and apparently arrest Mohammad Omar Abdul-Rahman, a son of the Blind Sheikh,’ Sheikh Omar Abdel Rahman. Supposedly, communications found at the apartment lead to the later arrest of Khalid Shaikh Mohammed (see February 29 or March 1, 2003). (Johnston 3/4/2003) Government officials say he is a senior al-Qaeda operative who ran a training camp in Afghanistan before 9/11 attacks and also had a role in operational planning. Another son of the blind sheik, Ahmad Abdul-Rahman, was captured in Afghanistan in late 2001, but Ahmad was not considered to be high ranking. (Associated Press 3/4/2003) But even though Mohammad Omar’s arrest is reported in the New York Times and elsewhere, there is no official announcement. In December 2005, his name will be on a list published by ABC News of high-detainees being held in a secret CIA prison (see November 2005). (ABC News 12/5/2005) In 2006, the US will announce that it is emptying the CIA prisons and transferring all high-level prisoners to Guantanamo, but he will not be one of those transferred and it is unclear what happened to him (see September 2-3, 2006).

The CIA produces a report entitled “A Reference Guide to Terrorist Passports.” The report discusses a suspicious indicator of terrorist affiliation that was contained in the passports of at least three of the 9/11 hijackers, possibly more. The indicator was placed there deliberately by the Saudi government, which used such indicators to track suspected radicals (see November 2, 2007). However, this report is classified and is not disseminated, meaning that if a radical were to arrive at a US port with a passport indicating he was a terrorist, an immigration official would be unable to recognize the indicator and would admit him. Over a year after this report is completed, the 9/11 Commission will show a passport bearing this indicator to one of the immigration officials who admitted 9/11 hijacker Khalid Almihdhar to the US, but she will still be unable to recognize the indicator. (9/11 Commission 8/21/2004, pp. 25, 27, 41 pdf file)

Newsweek reports: “In recent weeks a small group of CIA analysts have been meeting as part of a ‘predictive analysis project’ to divine if and when Saddam might strike the United States with a weapon of mass destruction. The theory is that Saddam might slip one of his chem-bio or radiological weapons to al-Qaeda or some other terrorist group to create a massive diversion, a crisis in the American homeland that could stall an attack on Iraq.” The CIA has no hard evidence supporting this idea, but the CIA has calculated the odds, and in a report obtained by Newsweek, these analysts predict “that under the stipulated scenario there is a 59 percent probability that an attack on the US homeland involving WMD would occur before March 31, 2003, a 35 percent probability an attack would occur at a later date, and a 6 percent probability an attack would never occur.” But Newsweek will comment that “it is important to remember that the odds are determined by averaging a bunch of guesses, informed perhaps, but from experts whose careers can only be ruined by underestimating the threat.” (Klaidman and Thomas 2/17/2003) No such attack occurs.

Popular Science magazine carries a rare interview with Tom Owen, a voice analyst who has worked on identifying Osama bin Laden in recordings allegedly released by the al-Qaeda leader. Owen worked for US media on the identification of bin Laden’s voice in a November 2002 recording (see November 12, 2002), assisted by a captain of the Saudi Interior Ministry’s forensics department he had apparently been teaching at the time. Owen, one of only eight forensic voice analysts certified by the American Board of Recorded Evidence, and other US experts identified the voice as bin Laden’s, although a Swiss facility disagreed (see November 29, 2002). The interview describes Owen’s lab and how he works, pivoting off the November recording. Owen criticizes the Swiss analysis, saying that the advanced biometrics software the Swiss used cannot work with the noise on the tape, as it is “designed to work with perfect samples.” Cleaning up the tape would not help, as this would remove the high and low frequencies a biometric system needs to make its identification.
Voice Identification Methodology - To identify voices, Owen uses a spectrograph, which produces spectrograms—“a kind of graphic speech rendering that has changed little since the 1940s”—that are then compared. His favorite tool for analyses is a “piece of vintage equipment—a reel-to-reel Voice Identification 700 spectrograph built in 1973,” which “differs little from the analog machines US Army intelligence officers built to identify and track German radio operators during World War II.” When analyzing a new recording thought to be from bin Laden, Owen compares the spectrograms it produces with spectrograms from a known bin Laden interview, such as one he granted to ABC in 1998 (see May 28, 1998). According to the magazine, there are “only a half-dozen words in common between the November tape and the ABC interview,” although the standards of the American Board of Recorded Evidence demand 20 identical words, preferably spoken in the same order.
Listening for 'Quirky Mannerisms' - However, Owen also listens for “the multitude of quirky mannerisms and pronunciation foibles peculiar to each voice,” because a trained ear can detect “the subtle whistle caused by a missing tooth, a person’s tendency to swallow in the middle of a sentence, even the way someone sets his or her jaw when speaking.” Owen plays the reporter what he calls a short-term memory tape, apparently a crucial tool in aural voice identifications. The spliced tape toggles between 2.5-second segments of bin Laden’s ABC interview and the November tape; Owen uses the tape to listen for peculiarities in a voice, especially when vowels are spoken. According to Owen, who says bin Laden’s voice is what the magazine calls “plenty peculiar,” the tape proves it is the “same guy” on the November tape and in the 1998 interview. However, the reporter comments: “To my untrained ear, it could be Darth Vader behind the static.… This is the sort of gray area that tends to make legal observers worry about the state of forensic science.”
Comments on NSA - According to the magazine, Owen’s technology is similar to that which the NSA probably uses to analyze voices, although Owen thinks the NSA has samples of bin Laden’s voice he does not. However, he does not think it has made biometric breakthroughs in analysis despite its advanced technology, which is “mostly devoted to listening.” (Sachs 2/24/2003)

Lawyers Wilson Brown and Jeff Almeida file a request with the Supreme Court, asking it to reconsider its landmark 1953 case, US v Reynolds (see March 9, 1953). The lawyers are representing several family members who lost fathers (and, in one case, a husband) in the airplane crash that led to the original case (see October 6, 1948). The lawyers note that the government’s original claim that the accident reports could not be released due to the inclusion of “military secrets” (see July 26, 1950) is false, as the accident reports have been declassified and examined for such secrets (see February 2000). “Indeed,” the lawyers write, “they are no more than accounts of a flight that, due to the Air Force’s negligence, went tragically awry. In telling the Court otherwise, the Air Force lied. In reliance upon that lie, the Court deprived the widows [the three original plaintiffs] of their judgments. It is for this Court, through issuance of a writ of error coram nobis and in exercise of its inherent power to remedy fraud, to put things right… United States v. Reynolds stands as a classic ‘fraud on the court,’ one that is most remarkable because it succeeded in tainting a decision of our nation’s highest tribunal.” (Siegel 2008, pp. 249-251) On July 26, 2002, one of the plaintiffs, Judy Palya Loether, wrote in an e-mail to Brown: ”US v Reynolds has come to be a landmark case that is used by the government when it claims that documents cannot be turned over to the courts because of national security. Yet this very case is now proven, in my mind, to be based on a lie that did injury to 3 widows and 5 little children (see February 2000)… It allowed the government an area of no checks and balances (see December 11, 1951). How many times has the government used this decision, not to protect national security, but for its own purposes?” (Siegel 2008, pp. 237-238)

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]9/11 mastermind Khalid Shaikh Mohammed (KSM) is apparently captured by US and Pakistani forces with the help of an informant. One week after KSM’s capture, said to take place on February 29 or March 1, 2003 (see February 29 or March 1, 2003), the Los Angeles Times will report, “Pakistani officials have… hinted that [KSM] was betrayed by someone inside the organization who wanted to collect a $25-million reward for his capture.” One Pakistani official says, “I am not going to tell you how we captured him, but Khalid knows who did him in.” (Watson and Zaidi 3/8/2003) In 2008, the New York Times will provide additional details. According to an intelligence officer, the informant slips into a bathroom in the house where KSM is staying, and writes a text message to his government contacts: “I am with KSM.” The capture team then waits a few hours before raiding the house, to blur the connection to the informant. Little more is known about the informant or what other information he provides. He apparently is later personally thanked by CIA Director George Tenet and then resettled with the $25 million reward money in the US. (Shane 6/22/2008)

A photo taken during KSM’s alleged arrest in Pakistan.A photo taken during KSM’s alleged arrest in Pakistan. [Source: Associated Press]Khalid Shaikh Mohammed (KSM) is reportedly arrested in Rawalpindi, Pakistan. (Gannon 3/1/2003) Officials claim that he is arrested in a late-night joint Pakistani and FBI raid, in which they also arrest Mustafa Ahmed al-Hawsawi, the purported main financer of the 9/11 attacks. (Williams, Mitchell, and Windrem 3/3/2003) An insider informant allegedly tips off authorities to KSM’s location, and is given the $25 million reward money for his capture (see Shortly Before February 29 or March 1, 2003). However, some journalists immediately cast serious doubts about this arrest. For instance, MSNBC reports, “Some analysts questioned whether Mohammed was actually arrested Saturday, speculating that he may have been held for some time and that the news was made public when it was in the interests of the United States and Pakistan.” (Williams, Mitchell, and Windrem 3/3/2003) There are numerous problems surrounding the US-alleged arrest of KSM:
bullet Witnesses say KSM is not present when the raid occurs. (Haven and Bangash 3/2/2003; Ahmad 3/2/2003; Australian Broadcasting Corporation 3/2/2003; McCarthy 3/3/2003; Eckholm and Johnston 3/3/2003)
bullet There are differing accounts about which house he is arrested in. (Gannon 3/1/2003; Meyer 3/2/2003; Rashid 3/3/2003)
bullet There are differing accounts about where he was before the arrest and how authorities found him. (Saporito and McGirk 3/1/2003; Khan and Schmidt 3/2/2003; Khan and Schmidt 3/2/2003; Eckholm and Johnston 3/3/2003; Johnston 3/4/2003)
bullet Some accounts have him sleeping when the arrest occurs and some don’t. (Meyer 3/2/2003; Ikram and Brunnstrom 3/2/2003; Eckholm and Johnston 3/3/2003; Daily Telegraph 3/4/2003)
bullet Accounts differ on who arrests him—Pakistanis, Americans, or both. (CNN 3/2/2003; Meyer 3/2/2003; Eckholm 3/2/2003; Rashid 3/3/2003; Reid and Hussein 3/3/2003; Lumpkin 3/3/2003)
bullet There are previously published accounts that KSM may have been killed in September 2002 (see September 11, 2002).
bullet There are accounts that he was captured in June 2002 (see June 16, 2002).
These are just some of the difficulties with the arrest story. There are so many problems with it that one Guardian reporter says, “The story appears to be almost entirely fictional.” (Hilton 3/6/2003)
Account by 9/11 Commissioners Conflicts - In addition, 9/11 Commission chairman Tom Kean and vice chairman Lee Hamilton will write in a 2006 book that the arrest is made in an apartment in Karachi and carried out by a joint CIA, FBI, and Pakistani team (see Early 2003).
Account by Musharraf Also Conflicts - Also in 2006, Pakistani President Pervez Musharraf will publish a memoir in which he claims that KSM was arrested on February 29, 2003 (instead of the widely cited March 1, 2003), and held by Pakistani forces for three days, “during which time we interrogated him fully. Once we were done with him and had all the information we wanted, we handed him over to the United States government.” (Musharraf 2006, pp. 193)

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” (Danner 3/15/2009)
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. (Mayer 8/6/2007; Windrem 9/13/2007) On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” (Danner 3/15/2009) However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.

Beginning on March 3, 2003, Spanish police begin monitoring the apartment where Serhane Abdelmajid Fakhet lives. He will later be considered one of around three masterminds of the 2004 Madrid bombings. Fakhet’s apartment is on Francisco Remiro street in Madrid. Police discovered his apartment after monitoring an apartment on Virgen de Coro street where Fakhet and other Islamist militants regularly meet (see January 17, 2003-Late March 2004). Police discover that the militants sometimes hold meetings at Fakhet’s apartment as well. They identify 16 militants who meet there. They notice that Mustapha Maymouni, Fakhet’s brother-in-law, frequently sleeps on the floor there. Maymouni is arrested in Morocco later in 2003 for a role in the Casablanca bombings (see May 16, 2003). Monitoring of his house apparently continues through the date of the Madrid bombings. (Lazaro and Rubio 8/10/2005)

Majid Khan. Majid Khan. [Source: Defense Department]According to his father, al-Qaeda operative Majid Khan is arrested by Pakistani soldiers and police at his brother Mohammed Khan’s house in Karachi, Pakistan, on March 5, 2003. Both brothers are interrogated by Pakistani and US agents. Majid Khan is eventually transferred to a secret US prison and will remain there until 2006, when he will be sent to the Guantanamo prison as one of 14 “high-value” detainees (see September 2-3, 2006). (Gray 5/15/2007) The US apparently considers Khan of high value due to his involvement in plots targeting the US. Khan moved to the US from Pakistan as a teenager in 1996 and graduated from a high school in Baltimore in 1999. According to US charges against him, he became involved in a local Islamic organization and then returned to Pakistan in 2002. An uncle and cousin who were al-Qaeda operatives drafted Khan there, and he started working for al-Qaeda leader Khalid Shaikh Mohammed (KSM). KSM worked with Khan because of Khan’s knowledge of the US, fluency in English, and willingness to be a suicide bomber. His family owned a gas station, and he allegedly plotted to blow up gas stations and poison water supplies in the US. (Scharper and Gorman 9/9/2006)

An ill Saud Memon shortly before his death.An ill Saud Memon shortly before his death. [Source: Daily Times]Saud Memon, a Pakistani businessman who owns the land where Wall Street Journal report Daniel Pearl is killed in late January 2002 (see January 31, 2002), apparently flees Pakistan for fear of being arrested for Pearl’s death. According to later newspaper accounts in Pakistan and India, Memon is arrested by the FBI in South Africa on March 7, 2003. He is kept at Guantanamo prison for more than two years and then handed over to Pakistani authorities. On April 28, 2007, some unknown men drop Memon in front of his house in Pakistan. He is deathly ill and unable to speak or recognize people. He dies less than one month later on May 18, 2007. Memon has been the top name on the list of Pakistan’s most wanted. In addition to having a suspected role in Pearl’s death, he helped fund the Al Rashid Trust, which has been banned for being an al-Qaeda front. While some suspect a US and/or Pakistan government role in Memon’s disappearance, it is not known for sure what happened to him for those four years. (Khan 5/18/2007; Naqvi and Syed 5/19/2007; Indo-Asian News Service 5/19/2007)

After being transferred from Afghanistan to Poland (see March 7 - Mid-April, 2003), alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is repeatedly waterboarded by the CIA, a technique simulating drowning that international law classifies as torture. He is only one of about four high-ranking detainees waterboarded, according to media reports (see May 2002-2003). (Mayer 8/6/2007; Windrem 9/13/2007; Danner 3/15/2009) He will recall: “I would be strapped to a special bed, which could be rotated into a vertical position. A cloth would be placed over my face. Cold water from a bottle that had been kept in a fridge was then poured onto the cloth by one of the guards so that I could not breathe.… The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about one hour. Injuries to my ankles and wrists also occurred during the waterboarding as I struggled in the panic of not being able to breathe. Female interrogators were also present… and a doctor was always present, standing out of sight behind the head of [the] bed, but I saw him when he came to fix a clip to my finger which was connected to a machine. I think it was to measure my pulse and oxygen content in my blood. So they could take me to [the] breaking point.” (Danner 3/15/2009) Accounts about the use of waterboarding on KSM differ. He says he is waterboarded five times. (Danner 3/15/2009) However, contradictory reports will later appear:
bullet NBC News will claim that, according to multiple unnamed officials, KSM underwent at least two sessions of waterboarding and other extreme measures before talking. One former senior intelligence official will say, “KSM required, shall we say, re-dipping.” (Windrem 9/13/2007)
bullet In 2005, former and current intelligence officers and supervisors will tell ABC News that KSM “won the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess.” (Ross and Esposito 11/18/2005) In 2007, a former CIA official familiar with KSM’s case will tell ABC News a sligntly different version of events: “KSM lasted the longest under waterboarding, about a minute and a half, but once he broke, it never had to be used again.” A senior CIA official will claim that KSM later admitted he only confessed because of the waterboarding. (Ross, Esposito, and Raddatz 9/14/2007) In November 2005, John Sifton of Human Rights Watch will say of waterboarding, “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law.” (Ross and Esposito 11/18/2005)
bullet The New York Times will claim that “KSM was subjected to intense and repeated torture techniques that, at the time, were specifically designated as illegal under US law.” Some claim that KSM gives useful information. “However, many of the officials interviewed say KSM provided a raft of false and exaggerated statements that did not bear close scrutiny—the usual result, experts say, of torture.” CIA officials stopped the “extreme interrogation” sessions after about two weeks, worrying that they might have exceeded their legal bounds. Apparently pressure to stop comes from Jack Goldsmith, head of the Justice Department’s Office of Legal Counsel, who is troubled about updates from KSM’s interrogations and raises legal questions. He is angrily opposed by the White House, particularly David Addington, a top aide to Vice President Dick Cheney. (Shane, Johnston, and Risen 10/4/2007)
bullet The New Yorker will report that officials who have seen a classified Red Cross report say that KSM claims he was waterboarded five times. Further, he says he was waterboarded even after he started cooperating. But two former CIA officers will insist that he was waterboarded only once. One of them says that KSM “didn’t resist. He sang right away. He cracked real quick. A lot of them want to talk. Their egos are unimaginable. KSM was just a little doughboy.” (Mayer 8/6/2007)
bullet A different ABC News account will claim that KSM was al-Qaeda’s toughest prisoner. CIA officers who subject themselves to waterboarding last only about 14 seconds, but KSM was able to last over two minutes. (Ross and Esposito 11/18/2005)
bullet In 2009, evidence will surface that indicates KSM was waterboarded up to 183 times (see April 16, 2009 and April 18, 2009).

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers, and it is not from the ISI video. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers, and it is not from the ISI video. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]One week after the purported arrest of 9/11 mastermind Khalid Shaikh Mohammed (KSM) in Pakistan (see February 29 or March 1, 2003), the ISI show what they claim is a video of the capture. It is openly mocked as a bad forgery by the few reporters allowed to see it. (Peters 3/11/2003; Denyer 3/11/2003; Pakistan News Service (Newark, CA) 3/11/2003; Daily Times (Lahore) 3/13/2003) For instance, a Fox News reporter says, “Foreign journalists looking at it laughed and said this is baloney, this is a reconstruction.” (Fox News 3/10/2003) Other information about the arrest also raises questions about his relationship with the ISI (see Spring 1993). At the time of KSM’s alleged arrest, he was staying in a neighborhood filled with ISI officials, just a short distance from ISI headquarters, leading to suspicions that he’d been doing so with ISI approval. (Ali 3/3/2003) One expert notes that after his arrest, “Those who think they have ISI protection will stop feeling that comfort level.” (Australian Broadcasting Corporation 3/2/2003) Journalist Robert Fisk reports, “Mohammed was an ISI asset; indeed, anyone who is ‘handed over’ by the ISI these days is almost certainly a former (or present) employee of the Pakistani agency whose control of Taliban operatives amazed even the Pakistani government during the years before 2001.” (Fisk 3/3/2003)

Wanted poster for John Doe #2, left, and Jose Padilla, right.
Wanted poster for John Doe #2, left, and Jose Padilla, right. [Source: Public domain, via Village Voice]A judge reaffirms the right of Jose Padilla, a US citizen being held as an “enemy combatant,” to meet with a lawyer (see June 10, 2002; December 4, 2002). The same judge ruled that he could meet with a lawyer in December 2002, but the government continues to challenge the ruling and continues to block his access to a lawyer. (Neumeister 3/11/2003) Later in the month, the government tells the judge it is planning to ignore his order and will appeal the case. (Associated Press 3/26/2003) While it may be completely coincidental, the Village Voice has noticed that Padilla is a “dead ringer” for the never found “John Doe #2” of the 1995 Oklahoma City bombing, and other evidence could tie him to it. (Ridgeway 3/27/2002; Ridgeway 6/13/2002)

Erica Chase, a member of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of plotting to blow up Jewish and African-American landmarks in and around Boston. Her boyfriend, Leo Felton, a member of the small white supremacist group The White Order of Thule, is also convicted of the same set of crimes. Chase is given five years in prison by US District Court Judge Nancy Gertner, who calls the plans “hateful” and “horrible”; Felton, who has served time for attempting to murder an African-American taxi driver, receives nearly 22 years in prison. Prosecutors accused Chase and Felton of plotting to foment a “racial holy war” (see 1973). Chase tells the court that she is sorry for her role in the plot and no longer harbors her racial hatreds. “I didn’t see how ugly and disturbing my life was when I was living in the middle of it. I had to be ripped out of it,” she says. “I have a lot of shame for everything.” The couple was arrested in August 2001 for passing counterfeit bills. Prosecutors said that Felton made the counterfeit money to help fund the plan, which included the use of a “fertilizer bomb” similar to that used in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The defense argued that the two were prosecuted solely for their white supremacist beliefs. (Lavoie 3/13/2003)

The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” (John C. Yoo 3/14/2003 pdf file; Eggen and White 4/2/2008) Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. (Eggen 4/6/2008)
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. (John C. Yoo 3/14/2003 pdf file; Eggen and White 4/2/2008; Mazzetti 4/2/2008)
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. (Eggen and White 4/4/2008)

A Moroccan named Yassir al-Jazeeri is captured in Lahore, Pakistan, by Pakistani police and the FBI. Al-Jazeeri is not on any wanted list and there is virtually no known public information about him before his arrest, but a Pakistani official will call him one of the seven top leaders of al-Qaeda. He is said to be linked to Khalid Shaikh Mohammed in some way, who was arrested in Pakistan not long before (see February 29 or March 1, 2003). He is soon transferred into US custody. Witnesses see him at a CIA operated portion of the Bagram prison in Afghanistan in late 2003 through early 2004. One fellow detainee will later claim that al-Jazeeri told him he had been tortured and permanently injured, and forced to listen to loud music for four months straight. In 2007, Human Rights Watch will list him as a likely “ghost detainee” still being held by the US (see June 7, 2007). (Human Rights Watch 6/7/2007)

Iyman Faris.Iyman Faris. [Source: Justice Department]Shortly after al-Qaeda leader Khalid Shaikh Mohammed (KSM) is captured in Pakistan in early March 2003 (see February 29 or March 1, 2003), US investigators discover an e-mail sent to KSM from an associate in the US. They learn the e-mail is from Iyman Faris, a truck driver living in Columbus, Ohio, who is a naturalized US citizen from Kashmir, Pakistan. Faris had been working on a plot to bring down the Brooklyn Bridge by cutting its suspension cables, but in the e-mail he complained to KSM that such a plot would be impossible to carry out. Faris is secretly arrested around the middle of March, and taken to a government safe house in Virginia. FBI agents threaten to have him declared an enemy combatant unless he cooperates, and also offer to move his extended family from Pakistan to the US if he does cooperate. He agrees, and begins phoning and sending e-mail messages to other al-Qaeda operatives while the FBI watches. A senior US official will later say: “He was sitting in the safe house making calls for us. It was a huge triumph for law enforcement.” Faris pleads guilty in early May to providing material support to al-Qaeda. (Eisenberg 6/30/2003) In late June, Newsweek reveals Faris’s links to al-Qaeda and KSM, presumably ending his effectiveness as an informant. Interestingly, Newsweek notes that Faris got a speeding ticket in Ohio in May, suggesting he was being allowed to travel. (Thomas 6/15/2003) The charges against him are made public days after the Newsweek article. He later withdraws his guilty plea, but is subsequently convicted and sentenced to 20 years in prison. (CBS News 6/14/2004)

Wilson Brown, who has filed a petition with the Supreme Court asking that it reconsider its landmark 1953 US v Reynolds case (see March 9, 1953), receives an e-mail from Alison Massagli of the White House’s Foreign Intelligence Advisory Board. Massagli, who learned of the petition from an article in the Philadelphia Inquirer, wants a copy of Brown’s petition. Brown notices that Massagli sent a copy of the e-mail to Catherine Lotrionete of the National Security Council. Brown is pleased that the case has garnered some attention. He e-mails the plaintiffs he is representing, saying, “I thought you would find it interesting that at least one arm of the Executive Branch is interested in our case.” (Siegel 2008, pp. 257)

A building in Baghdad is bombed during the US invasion of Iraq.A building in Baghdad is bombed during the US invasion of Iraq. [Source: Reuters]The US begins its official invasion of Iraq (see (7:40 a.m.) March 19, 2003). While most observers expect a traditional air assault, the US planners instead launch what they call a “Shock and Awe” combination of air and ground assaults designed to avoid direct confrontations with Iraqi military forces and instead destroy Iraqi military command structures. (Chilcote, King, and Starr 3/20/2003; Long 3/20/2003; Unger 2007, pp. 302) The initial invasion force consists of 250,000 US forces augmented by 45,000 British troops and small contingents from Poland, Australia, and Denmark, elements of the so-called “coalition of the willing.” (Schifferes 3/18/2003; Unger 2007, pp. 302)

The FBI issues a reward of $5 million for information on Adnan Shukrijumah, starting a world-wide manhunt that will last for years. Shukrijumah lived in the same area as most of the 9/11 hijackers and was reportedly seen with Mohamed Atta in the spring of 2001 (see May 2, 2001), when he was being investigated by the FBI over two terrorist plots (see April-May 2001 and (Spring 2001)). Information gleaned from detainees suggests that Shukrijumah is a top al-Qaeda operative who was trained in Afghanistan and is associated with 9/11 architect Khalid Shaikh Mohammed and Jose Padilla (see June 10, 2002). In May 2004 Attorney General John Ashcroft will even single out Shukrijumah as the most dangerous al-Qaeda operative planning to attack the US. However, despite reported sightings in Central America, he is still on the run in 2006 and believed to be hiding in the tribal areas of Pakistan. (Ragavan 4/7/2003; Willing 6/15/2003; Kaufman and Rabinowitz 10/27/2003; 9/11 Commission 8/21/2004, pp. 40-41 pdf file; Meyer 9/3/2006)
Flight Training - US authorities claim he is a pilot and has been receiving flight training outside the US for several years, though they do not release any evidence to substantiate this. His family insists that he is neither a qualified pilot nor an al-Qaeda operative. (Willing 6/15/2003; CNN 9/5/2003) A senior Bush administration official says the government has evidence Shukrijumah had attended the Airman Flight School in Norman, Oklahoma, but does not say when. Other Islamist militants, including Zacarias Moussaoui, attended that school before 9/11 (see February 23-June 2001, May 18, 1999 and May 15, 1998). The director of the school claims there is no evidence of a student with any of Shukrijumah’s publicly revealed aliases. (Shenon and Lichtblau 3/21/2003)

Kenneth Adelman.Kenneth Adelman. [Source: Public domain]Kenneth Adelman, a former Reagan arms control official who is close to top Bush military officials and serves on a Pentagon advisory panel, says, “I have no doubt we’re going to find big stores of weapons of mass destruction.” Adelman claims these weapons are likeliest to be found near Tikrit and Baghdad, because they’re the most protected places with the best troops. Adelman acknowledges some surprise that they have not been used yet. “One thing we may find is Saddam Hussein ordered them to be used and soldiers didn’t follow the orders. The threat of use goes down every day because adherence to orders goes down.” (Allen and Milbank 3/23/2003, pp. A27)

Time magazine reports that the 9/11 Commission has requested an additional $11 million to add to the $3 million for the commission, and the Bush administration has turned down the request. The request will not be added to a supplemental spending bill. A Republican member of the commission says the decision will make it “look like they have something to hide.” Another commissioner notes that the recent commission on the Columbia shuttle crash will have a $50 million budget. Stephen Push, a leader of the 9/11 victims’ families, says the decision “suggests to me that they see this as a convenient way for allowing the commission to fail. they’ve never wanted the commission and I feel the White House has always been looking for a way to kill it without having their finger on the murder weapon.” The administration has suggested it may grant the money later, but any delay will further slow down the commission’s work. Already, commission members are complaining that scant progress has been made in the four months since the commission started, and they are operating under a deadline. (Burger 3/26/2003) Three days later, it is reported that the Bush administration has agreed to extra funding, but only $9 million, not $11 million. The commission agrees to the reduced amount. (Eggen 3/29/2003) The New York Times criticizes such penny-pinching, saying, “Reasonable people might wonder if the White House, having failed in its initial attempt to have Henry Kissinger steer the investigation, may be resorting to budgetary starvation as a tactic to hobble any politically fearless inquiry.” (listed] 3/31/2003)

The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. (Meyer and Goetz 3/28/2003) Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). (Tyler 2/6/2003) Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. (Isikoff and Klaidman 9/30/2002) Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. (Meyer and Goetz 3/28/2003)

In April 2003, Spanish police alert judge Baltasar Garzon to the existence of an Islamist militant cell in Madrid. Garzon has generally led al-Qaeda related investigations in Spain. An intelligence report to Garzon details a cell led by Mustapha Maymouni. Its assistant leaders are said to be Driss Chebli, Serhane Abdelmajid Fakhet, and the brothers Hassan and Mohammed Larbi ben Sellam. The cell is linked to the radical Takfir Wal Hijra movement and the Moroccan Islamic Combatant Group (MICG). The MICG is said to be led by Amer el-Azizi, who escaped arrest in Spain (see Shortly After November 21, 2001), and an international arrest warrant has been issued for him. The cell has links to el-Azizi as well. In fact, the wife of one of the cell members recently told the authorities that Fakhet and others are staying in contact with el-Azizi by e-mail (see January 4, 2003), a lead that apparently is not pursued. In May 2003, suicide bombings in Casablanca, Morocco, kill 45, and the MICG is quickly identified as the group behind the attacks. Maymouni had gone to Morocco just before the bombings and is arrested there later in May (see Late May-June 19, 2003). On June 25, 2003, Chebli is arrested in Spain for his links to the Casablanca bombings. He will later be accused of a minor role in the 9/11 plot and sentenced to six years in prison (see September 26, 2005). However, the others are not arrested at this time. The police who are monitoring Fakhet will later say they do not understand why Fakhet at least was not arrested after the Casablanca bombings due to his link to Maymouni, who is his brother-in-law. Authorities will claim he was not arrested because there was no evidence he was involved in any plot. (El Mundo (Madrid) 3/3/2007) However, this cell is being monitored by a variety of means, including the use of an informant named Abdelkader Farssaoui, a.k.a. Cartagena (see October 2002-June 2003). Even before the Casablanca bombings, Farssaoui tells his handlers that this cell is discussing launching attacks in Morocco and Spain. (Lazaro 10/18/2004) Furthermore, a 2002 report said that Fakhet was preparing for “violent action” (see 2002). Farssaoui will later claim that he came across evidence that Fakhet was also an informant (see Shortly After October 2003). Fakhet will take over leadership of the group after Maymouni’s arrest and will lead most of them in carrying out the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004).

9/11 Commission Executive Director Philip Zelikow prevents two investigators, Mike Jacobson and Dana Leseman, from viewing a key document they need for their work. Jacobson and Leseman are working on the ‘Saudi Connection’ section of the commission’s investigation, researching leads that there may have been a link between two of the 9/11 hijackers, Khalid Almihdhar and Nawaf Alhazmi, and elements of the government of Saudi Arabia. Zelikow is also involved in another, related dispute with Leseman at this time (see April 2003).
28 Pages - The classified document in question is part of the 9/11 Congressional Inquiry, 28 pages that were redacted in the final report and concerned possible Saudi government support for two of the 9/11 hijackers (see August 1-3, 2003). The 28 pages were actually written by Jacobson and are obviously relevant to his and Leseman’s work at the 9/11 Commission, but Jacobson cannot remember every detail of what he wrote.
Stalled - Leseman therefore asks Zelikow to get her a copy, but Zelikow fails to do so for weeks, instead concluding a deal with the Justice Department that bans even 9/11 commissioners from some access to the Congressional Inquiry’s files (see Before April 24, 2003). Leseman confronts Zelikow, demanding: “Philip, how are we supposed to do our work if you won’t provide us with basic research material?” Zelikow apparently does not answer, but storms away. (Shenon 2008, pp. 110-112)
Leseman Later Fired - Leseman later obtains the document through a channel other than Zelikow, and will be fired for this (see (April 2003)).

Fahad al-Quso, far left, Jamal al-Badawi, in center with black cap, and two other militants in a Yemeni prison in February 2005.Fahad al-Quso, far left, Jamal al-Badawi, in center with black cap, and two other militants in a Yemeni prison in February 2005. [Source: Khaled Abdullah / Reuters / Corbis]Ten suspects in the USS Cole bombing escape from prison in Aden, Yemen. The suspects include al-Qaeda operatives Jamal al-Badawi and Fahad al-Quso, both thought to play important roles in the Cole bombing (see October 12, 2000). (Al-Haj 4/11/2003) All ten are recaptured in Yemen in March 2004. (New York Times 3/20/2004) After al-Badawi is recaptured, some Yemeni officials try unsuccessfully to claim a multimillion-dollar US award. Newsweek will later comment that this suggests the escape was a scam. At the time, al-Badawi apparently is friendly with Colonel Hussein al-Anzi, a top official in the Political Security Organization, Yemen’s version of the FBI. Al-Anzi will later be fired. (Hirsh, Hosenball, and Nordland 2/13/2006) Al-Quso will later be sentenced to 10 years in prison in Yemen for his role in the Cole attack, while al-Badawi will be given the death penalty. However, al-Badawi will later escape again (see February 3, 2006), then be pardoned, and then imprisoned again (see October 17-29, 2007). Al-Quso also will be secretly freed by the Yemeni government in 2007 (see May 2007). (MacFarquahar and Johnston 9/30/2004)

Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). (Roth and Malinowski 5/3/2004; Priest and Stephens 5/11/2004; Priest and Stephens 5/13/2004; Roth 5/13/2004; Hendron 5/22/2004; Barry, Hirsh, and Isikoff 5/24/2004; Bravin 6/7/2004; MSNBC 6/23/2004; Cohn 6/28/2004) Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). (Risen, Johnston, and Lewis 5/13/2004)
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. (Priest and Stephens 5/11/2004; Roth 5/13/2004) Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). (USA Today 6/22/2004) The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” (Savage 2007, pp. 181) The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. (Lindlaw 6/23/2004)
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 (Cohn 6/28/2004) , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. (Washington File 6/23/2004) One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). (Priest and Stephens 5/11/2004; Roth 5/13/2004)

Tim Roemer.Tim Roemer. [Source: US Congress]9/11 Commission Executive Director Philip Zelikow strikes a deal with the Justice Department to cut the 9/11 Commission’s access to files compiled by the 9/11 Congressional Inquiry (see July 24, 2003) until the White House is able to review them. However, he keeps the agreement secret from the commissioners and, when Commissioner Tim Roemer, who had actually sat on the Congressional Inquiry and already seen the material, goes to Capitol Hill to read the files on April 24, he is turned away. Roemer is furious and asks: “Why is our executive director making secret deals with the Justice Department and the White House? He is supposed to be working for us.” (Associated Press 4/26/2003; Shenon 2008, pp. 90) He adds, “No entity, individual, or organization should sift through or filter our access to material.” (Arnold 4/30/2003) Author Philip Shenon will comment, “Roemer believed, correctly, that it was a sign of much larger struggles to come with Zelikow.” (Shenon 2008, pp. 90)

Twenty-five al-Qaeda operatives are captured in Karachi, Pakistan, including two key 9/11 figures. The captured include Tawfiq bin Attash, better known by his nickname Khallad. He is considered one of the masterminds of the USS Cole bombing (see October 12, 2000) and attended a Malaysia summit where the 9/11 plot was discussed (see January 5-8, 2000). Also captured is Ali Abdul Aziz Ali, one of 9/11 mastermind Khalid Shaikh Mohammed’s nephews. He made travel arrangements for and wired money to many of the 9/11 hijackers. One investigator will later say, “He was turning up everywhere we looked—like a chameleon.” (Risen 5/1/2003; Serrano 5/21/2006) Both Aziz Ali and bin Attash will be sent to secret CIA prisons and remain there until 2006, when they will be transfered to the Guantanamo Bay prison (see September 2-3, 2006). Bin Attash will be extensively tortured while in US custody in Afghanistan (see April 29 - Mid-May, 2003). The identities and fates of the others captured with them are unknown.

US troops in Saudi Arabia at some point before 9/11.US troops in Saudi Arabia at some point before 9/11. [Source: PBS]On April 30, 2003, the US announces that it is withdrawing most of its troops from Saudi Arabia. About 10,000 US soldiers have been stationed there since the first Gulf War (see August 5, 1990 and After and March 1991). The withdrawal is completed by the end of August 2003. About several hundred US military personnel remain in the country to train Saudi forces and tend to military sales. The US moves the rest of its troops to new bases in Qatar and other Persian Gulf countries, as well as building new bases in Iraq, conquered just a month before the announcement. (Mannion 8/26/2003) The withdrawal of US troops from Saudi Arabia has been bin Laden’s most persistent demand since the troops entered the country in 1990. For instance, in his 1996 fatwa (see August 1996), he said, “The latest and greatest of these aggressions incurred by Muslims since the death of the Prophet… is the occupation of the land of the two Holy Places… by the armies of the American Crusaders and their allies.” (O'Neill 4/30/2003) One senior US military official says the decision to leave was made partly to help relieve internal political pressure on the royal family: “The Saudis will be happy when we leave. But they’re concerned that it not look as if it’s precipitous, because it will look like bin Laden won.” (Loeb 4/30/2003) One unnamed senior Saudi prince who participated in high-level debates about the withdrawal says, “We are fighting for our lives, and we are going to do what is necessary to save our behinds.” (Tyler 4/30/2003)

Bush on the USS Abraham Lincoln.Bush on the USS Abraham Lincoln. [Source: Associated Press]President Bush, wearing a custom-made flight suit, is ferried in a Navy S-3B Viking jet to the deck of the USS Abraham Lincoln anchored off the coast of San Diego, where he declares the cessation of major combat operations in Iraq. A banner unfurled behind the president reads, “Mission Accomplished.” (CNN 5/2/2003) Bush begins his speech by saying: “Officers and sailors of the USS Abraham Lincoln, my fellow Americans, major combat operations have ended. In the Battle of Iraq, the United States and our allies have prevailed.” (White House 5/1/2003; Unger 2007, pp. 304-305) Bush praises a military victory “carried out with a combination of precision and speed and boldness the enemy did not expect and the world had not seen before.” He celebrates “the images of fallen soldiers” and “the images of celebrating Iraqis” (see April 9, 2003, April 9, 2003, and April 10, 2003), and continues, “[T]he battle of Iraq is one victory in a war on terror that began on September the eleventh, 2001, and still goes on.” The invasion “removed an ally of al-Qaeda,” he asserts. Because of the overthrow of Saddam Hussein, Bush says, “no terrorist network will gain weapons of mass destruction from the Iraqi regime, because the regime is no more.” Bush gives his listeners a dose of belligerence: “With those attacks, the terrorists and their supporters declared war on the United States, and war is what they got.” (White House 5/1/2003; Rich 2006, pp. 90)
Perfectly Staged - The presentation itself is a triumph of stage-managed spectacle. The Lincoln, only 39 miles offshore, is held out at sea for an additional 24 hours, forcing the crew to wait another day to see their families after their lengthy sea tour. The carrier shifts position several times to ensure that the television cameras only film expanses of ocean as backdrop for Bush, and not the Southern California skyline. Bush’s handlers decide not to have the president fly in by helicopter—standard procedure for such a visit—but instead opt for a far more dramatic flight in a fighter jet making a high-speed tailhook landing. The jet is renamed “Navy One” and Bush is designated co-pilot. (Unger 2007, pp. 304-305) The Secret Service balks at allowing Bush to fly in “one of the sexier fighter jets,” but eventually relents enough to allow Bush to “pilot” a four-seat S-3B Viking (specially dubbed “Navy One” and with the legend “George W. Bush, Commander-in-Chief” stenciled on the cockpit). (Rich 2006, pp. 88-90) The crew wears uniforms color-coordinated with the banner and other props the White House public relations staff have deployed. (Rich 2006, pp. 88-90) Bush makes a dramatic exit from the fighter jet wearing, not civilian clothes, but a flight suit. As he greets the crew, he shouts in response to a reporter’s question: “Yes, I flew it! Of course I liked it!” The idea that Bush, whose time in fighter planes was strictly limited and 30 years out of date, would have been allowed to fly a state-of-the-art fighter jet without training or certification is absurd on its face, but by and large the press swallows Bush’s claim without question. Three hours later, Bush emerges from below decks, this time wearing a business suit. His entrance is timed to coincide with the California sunset, called by Hollywood cinematographers the “magic hour” for the lovely, glowing low light it bathes upon its subject. The huge “Misson Accomplished” banner, produced by Bush public relations staffers and designed to match other event banners and graphics, stretches high above Bush’s head. (One of the chief producers of the event, former ABC producer Scott Sforza, had boarded the Lincoln days before to ensure that production values were met. Sforza made sure that the banner would be visible to the cameras during Bush’s speech—see Before May 1, 2003.) (Unger 2007, pp. 304-305)
Iraqi Captives No Longer POWs - US military officials will subsequently say that the event means captives being held in Iraq will no longer be treated as prisoners of war under the third article of the Geneva Conventions, but instead as civilians being held by an occupying power under the fourth article of the Geneva Conventions—which allows long-term detentions for prisoners deemed a threat to governing authorities. (Smith 5/21/2004) White House aides tell reporters that Bush will not officially declare the war “over” because, under the Geneva Conventions, that would require the US to release some 6,000 prisoners of war taken during and after the invasion. (Rich 2006, pp. 88-90)
'Hubris, Arrogance, and Cowboy Swagger' - Author and public administration professor Alasdair Roberts will later write: “President Bush attempted to clothe himself in the garb of the military with the hope of drawing on the esteem with which it was regarded. He did this figuratively—and also literally when… he landed on the flight deck of the USS Abraham Lincoln.… This was taken as hubris, arrogance, and cowboy swagger. But it is more accurately regarded as a sign of weakness. The heads of other developed democracies do not feel the need to meet the media in military garb. This was evidence of the president’s inability to command authority on his own account.” (Roberts 2008, pp. 21) Some have a different opinion (see May 1-4, 2003 and May 7, 2003). Immediately after the event, Fox pundit Morton Kondracke says, “This was fantastic theater.” (Rich 2006, pp. 89)

Fahad al Thumairy, a Saudi official suspected of contacts with two 9/11 hijackers, is deported from the US. Al Thumairy had worked at the Saudi consulate in Los Angeles since 1996. In March 2003, he was secretly put on a watch list due to suspected terrorist links. He then left the US to visit Saudi Arabia. When he returns on May 6, he is stopped at the Los Angeles International Airport and detained, despite having a special diplomatic visa. He is held in custody for two days and questioned for several hours, but apparently he says very little. Then he is deported to Saudi Arabia. (McDonnell 5/10/2003) Al Thumairy was in frequent contact with hijacker associate Omar al-Bayoumi (see December 1998-December 2000), and the FBI gained evidence he could have been in contact with hijackers Nawaf Alhazmi and Khalid Almihdhar (see 2002), as well as al-Qaeda figure Khallad bin Attash (see June 9, 2000). Journalist Philip Shenon will later comment that al Thumairy “had a reputation as fanatically anti-American.” (Shenon 2008, pp. 53)

On May 7, 2003, Leonie Brinkema, the judge in the Zacarias Moussaoui trial, asks the CIA if it has recordings of interrogations of detainees related to Moussaoui’s case. Two days later, the CIA replies that it does not, although it is actually in possession of some recordings. In 2002, the CIA secretly videotaped interrogations of high-ranking detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002) but it does not reveal this to anyone involved in the Moussaoui trial. In 2005, some of these videotapes will be destroyed (see November 2005), around the time the Brinkema makes a repeat request for the tapes (see November 3-14, 2005). However, other recordings—two videotapes and one audio tape—will survive and will finally be viewed by Moussaoui’s prosecutors in 2007, long after Moussaoui has been convicted (see September 19 and October 18, 2007). (US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division 10/25/2007 pdf file; Vicini 11/13/2007) Although the identity of the detainees in the recordings requested is not known, one of the prosecutors will later say, “Obviously the important witnesses included [Abu] Zubaidah, [Ramzi] bin al-Shibh, and KSM [Khalid Shaikh Mohammed]… those are the guys at the head of the witness list.” However, he will not specifically recall which tapes are requested. (Hess 12/7/2007)

Reconstruction begins after the Riyadh bombings.Reconstruction begins after the Riyadh bombings. [Source: US Rewards for Justice] (click image to enlarge)Saudi Arabia is attacked by three suicide bombings in the capital of Riyadh. At least 34 people are killed. Some evidence suggests that elements within the Saudi government were complicit with or behind the attacks (see May 12, 2003). The Saudi government had taken very little action against al-Qaeda prior to this. However, it appears to more aggressively combat al-Qaeda afterward. (Meyer 7/16/2004) In early 2006, it will be reported that the Saudis aggressively combat al-Qaeda within Saudi Arabia, but do next to nothing to stop al-Qaeda or its financing outside of the country (see January 15, 2006).

Page 16 of 26 (2575 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 | next

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike