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Context of 'March 2, 2003: 9/11 Commission Executive Director Zelikow Tries to Prevent Staff Talking Directly to Commissioners'

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House Democratic Caucus chairman Rahm Emanuel (D-IL) says that if Vice President Dick Cheney does not accept that his office is an “entity within the executive branch,” then taxpayers should not finance his executive expenses. Cheney has refused to comply with executive branch rules governing disclosure of classification procedures by claiming that the vice president is part of the legislative branch as well as the executive (see 2003). Cheney needs to make up his mind one way or the other, Emanuel says, and live with the consequences. Cheney spokeswoman Lea Ann McBride retorts that Emanuel “can either deal with the serious issues facing our country or create more partisan politics.” In response to a letter from Henry Waxman (D-CA), chairman of the House Oversight Committee, that charges Cheney with refusing to obey a 2003 executive order requiring that all executive offices detail the number of documents they classify or declassify (see June 21, 2007), President Bush has already said that reporting requirements do not cover either his office or Cheney’s. And McBride says that because of Bush’s decision, the question of whether the office is part of the executive or the legislative branch is irrelevant. “The executive order’s intent is to treat the vice president like the president, rather than like an agency” within the executive branch, McBride says. Many Democrats disagree. Senator Dianne Feinstein (D-CA) calls Cheney’s position “the height of arrogance,” and says Emanuel’s proposal “might not be a bad idea.” [USA Today, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, Rahm Emanuel, House Committee on Oversight and Government Reform, George W. Bush, Dianne Feinstein, Henry A. Waxman, Lea Anne McBride

Timeline Tags: Civil Liberties

Aziz Huq.Aziz Huq. [Source: American Prospect]Civil libertarian Aziz Huq writes that Vice President Dick Cheney’s claim that his office is not part of the executive branch and therefore not subject to compliance with executive orders (see 2003 and June 21, 2007) is a genuine constitutional crisis. Huq writes, “The term ‘constitutional crisis’ is much abused, invoked generally whenever Congress shows some life. Confrontations on war funding and Congressional subpoenas, to cite recent examples, are in fact as old as the Republic. They are but healthy sparks from a constitutional confrontation of ‘ambition against ambition,’ precisely as the Framers intended. But the true crisis is hidden in plain sight—the existence of an office in the Constitution—the Vice President’s—with no real remit and no real limits, open to exploitation and abuse.” It is nonsensical, Huq writes, for Cheney on the one hand to claim that as a member of the executive branch he has access to the most secret of classified documents, and on the other hand he is not subject to oversight because he is not a member of the executive branch. Cheney receives these documents as a senior member of the executive branch, not of the legislative. Yet, as president of the Senate, Cheney is not subject to the strict Senate rules on handling classified documents—rules far stricter than those imposed on senior members of the executive branch. Cheney’s arguments create what Huq calls a “legal black hole (another one!) where classified documents can disappear without a trace.” Huq finally asks, “Why should addition of legislative duties trigger the subtraction of executive obligations? In lawyerly terms, the 2003 order applies to ‘any’ entity within the executive branch. Having another label doesn’t stop Cheney from being one of those ‘any’ entities.” Huq says, “If it weren’t so frightening, the irony would be delicious: A Vice President who has done more than any other to push the envelope on executive privilege at the expense of the courts and Congress takes the position that his office has both legislative and executive functions so as to avoid accounting for the use of classified materials. Any veneer of intellectual legitimacy that executive power defenders have caked on their vision of a monarchical executive evaporates in the glare of this naked opportunism.… Cheney and [chief of staff David] Addington will go down in history as the most aggressive and successful advocates of executive powers in this nation’s history.… They grounded their vision of executive power on the prerogatives exercised by the British kings who were overthrown by the American Revolution.” Huq recommends that Congress clarify the situation with legislation that would clearly create a system for handling classified documents that would be binding on the entire government, including the Office of the Vice President. [Nation, 6/26/2007]

Entity Tags: Aziz Huq, Richard (“Dick”) Cheney, Office of the Vice President, David S. Addington

Timeline Tags: Civil Liberties

After saying that if Vice President Dick Cheney does not consider himself entirely part of the executive branch, then taxpayers should not fund his executive branch office (see June 24, 2007), House Democrats led by Rahm Emanuel (D-IL) move to strip federal funding for the Office of the Vice President (OVP). Cheney has said that because the vice president is not strictly part of the executive branch, therefore he and his office are not subject to an executive order mandating disclosure of how many documents his office has classified. President Bush has said that neither his office nor Cheney’s is subject to that order. Emanuel notes that, five years ago, Cheney claimed executive privilege in refusing to release information about oil industry executives during meetings of his Energy Task Force. “Now when we want to know what he’s doing as it relates to America’s national security in the lead-up to the war in Iraq and after the fact, the vice president has declared he is a member of the legislative branch,” Emanuel says. Therefore, “we will no longer fund the executive branch of his office and he can live off the funding for the Senate presidency.” As vice president, Cheney presides over the Senate. [CBS News, 6/27/2007] The federal government, through the executive branch, pays about $4.8 million a year to fund the OVP. [Politico (.com), 6/27/2007] After Cheney’s chief of staff David Addington tacitly admits that Cheney is, after a fashion, part of the executive branch (see June 26, 2007), the Democrats drop their proposal to strip Cheney’s office of executive branch funding.

Entity Tags: Rahm Emanuel, David S. Addington, Energy Task Force, Office of the Vice President, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Civil Liberties

John Brennan.John Brennan. [Source: PBS]An article in the New Yorker magazine reveals that the CIA interrogations of 9/11 mastermind Khalid Shaikh Mohammed (KSM) were not as reliable as they are typically made out to be. Mohammed was interrogated with methods such as waterboarding that are regarded as torture by many. CIA official John Brennan, former chief of staff for CIA Director George Tenet, acknowledges, “All these methods produced useful information, but there was also a lot that was bogus.” One former top CIA official estimates that “ninety per cent of the information was unreliable.” Cables of Mohammed’s interrogation transcripts sent to higher-ups reportedly were prefaced with the warning that “the detainee has been known to withhold information or deliberately mislead.” [New Yorker, 8/6/2007] For instance, one CIA report of his interrogations was called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies” (see June 16, 2004). [Los Angeles Times, 6/23/2004] Former CIA analyst Bruce Riedel asks, “What are you going to do with KSM in the long run? It’s a very good question. I don’t think anyone has an answer. If you took him to any real American court, I think any judge would say there is no admissible evidence. It would be thrown out.” Senator Carl Levin (D-MI) says, “A guy as dangerous as KSM is, and half the world wonders if they can believe him—is that what we want? Statements that can’t be believed, because people think they rely on torture?” [New Yorker, 8/6/2007] Journalist James Risen wrote in a 2006 book, “According to a well-placed CIA source, [Mohammed] has now recanted some of what he previously told the CIA during his interrogations. That is an enormous setback for the CIA, since [his debriefings] had been considered among the agency’s most important sources of intelligence on al-Qaeda. It is unclear precisely which of his earlier statements [he] has now disavowed, but any recantation by the most important prisoner in the global war on terror must call into question much of what the United States has obtained from other prisoners around the world…” [Risen, 2006, pp. 33] In a 2008 Vanity Fair interview, a former senior CIA official familiar with the interrogation reports on Mohammed will say, “90 percent of it was total f_cking bullsh_t.” A former Pentagon analyst will add: “KSM produced no actionable intelligence. He was trying to tell us how stupid we were.” [Vanity Fair, 12/16/2008]

Entity Tags: Central Intelligence Agency, Carl Levin, John O. Brennan, Bruce Riedel, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

In an op-ed published by the New York Times, former 9/11 Commission chairman Tom Kean and vice-chairman Lee Hamilton write that their 9/11 inquiry was “obstructed” by the CIA, which failed to provide them with videotapes of detainee interrogations. The White House also knew of the videotapes’ existence but failed to inform the Commission, which had repeatedly asked for all material related to detainee interrogations and was unhappy with what the CIA gave it (see Summer 2003-January 2004, Summer 2003, November 5, 2003-January 2004, and After January 2004). Kean and Hamilton write that the CIA “failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes—and did not tell us about them—obstructed our investigation. There could have been absolutely no doubt in the mind of anyone at the CIA—or the White House—of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” [New York Times, 1/2/2008]

Entity Tags: Thomas Kean, 9/11 Commission, Central Intelligence Agency, Lee Hamilton

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

MSNBC counts the number of endnotes in the 9/11 Commission report that cite detainee interrogations and finds that more than a quarter of them—441 out of over 1,700—do so. It is widely believed that the detainees were tortured while in US custody, and that statements made under torture are unreliable. One of the detainees, alleged 9/11 mastermind Khalid Shaikh Mohammed, whose interrogations are mentioned hundreds of times in the report (see After January 2004), was extensively waterboarded (see Shortly After February 29 or March 1, 2003), and a CIA manager said that up to 90 percent of the information he provided under questioning was unreliable (see August 6, 2007). The endnotes often give the sources of the information contained in the main text. MSNBC comments: “The analysis shows that much of what was reported about the planning and execution of the terror attacks on New York and Washington was derived from the interrogations of high-ranking al-Qaeda operatives. Each had been subjected to ‘enhanced interrogation techniques.’ Some were even subjected to waterboarding.” In addition, many of the endnotes that cite detainee interrogations are for the report’s “most critical chapters”—five, six, and seven—which cover the planning of the attacks and the hijackers’ time in the US. In total, the Commission relied on more than 100 CIA interrogation reports. Its Executive Director Philip Zelikow admits that “quite a bit, if not most” of its information on the 9/11 conspiracy “did come from the interrogations.” Karen Greenberg, director of the Center for Law and Security at New York University’s School of Law, says, “It calls into question how we were willing to use these interrogations to construct the narrative.” [MSNBC, 1/30/2008]

Entity Tags: Center for Law and Security, 9/11 Commission, MSNBC, Philip Zelikow, Karen Greenberg

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Center for Constitutional Rights (CCR), an organization dedicated to the protection of civil liberties, releases a statement saying it is “outraged” by revelations about the extent to which the 9/11 Commission report was based on statements from detainees who are said to have been tortured. After MSNBC finds that over a quarter of the report’s endnotes cite detainee interrogations (see January 30, 2008), CCR President Michael Ratner says: “If the Commission suspected there was torture, they should have realized that as a matter of law, evidence derived from torture is not reliable, in part because of the possibility of false confession…at the very least, they should have added caveats to all those references (note: the Commission’s report does contain one caveat related to two chapters—see After January 2004). The Commission’s heavy reliance on tainted sources reinforces the notion that we as a nation have not yet come to terms with the reality that the US engaged in torture. Until we do so, we undermine our credibility in the eyes of the world as a nation of hypocrites.” [Center for Constitutional Rights, 1/31/2008]

Entity Tags: 9/11 Commission, Michael Ratner, Center for Constitutional Rights

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former 9/11 Commission executive director Philip Zelikow (see Shortly Before January 27, 2003), a former adviser to then-Secretary of State Condoleezza Rice (see February 28, 2005), calls for the US to launch a military strike against North Korea in order to remove that nation’s nuclear weapons capability. Zelikow dismisses Secretary of State Hillary Clinton’s reservations about North Korea’s nuclear program (see February 15, 2009) and writes, “To accept the combination of nuclear weapons and IRBMs or ICBMs in the hands of North Korea is a gamble, betting on deterrence of one of the least well understood governments on earth, in a country now undergoing high levels of internal stress.” Zelikow refers directly to the 2006 call from two former Defense Department officials, Ashton Carter and William Perry, for a military strike against North Korea’s nuclear weapons program (see June 22, 2006), and writes that at the time he believed the call for military action was “premature.” Now, however, “political predicate for the Carter-Perry recommendations has been well laid.” Zelikow recommends that the Obama administration issue the requisite warnings to dismantle the nuclear weapons, and if North Korea refuses to heed the warnings, the US should destroy them. [Foreign Policy, 2/17/2009; Foreign Policy, 10/22/2010]

Entity Tags: Hillary Clinton, Ashton Carter, Philip Zelikow, William Perry, Obama administration

Timeline Tags: US International Relations

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