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Context of 'March 13, 2008: Pentagon Reviews At Least 50 Tapes of Detainee Interrogations'

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At an emergency meeting, CIA Director Leon Panetta tells the House and Senate intelligence committees of a CIA program to assassinate and capture al-Qaeda leaders (see Shortly After September 17, 2001). [New York Times, 7/14/2009; Washington Post, 8/20/2009; New York Times, 8/20/2009] Panetta learned of the program the previous day and immediately canceled it (see June 23, 2009). The lawmakers had not previously received information about the program, apparently at the direction of former Vice President Dick Cheney (see 2002). Panetta says he thinks the lawmakers should have been told earlier, because the program had moved beyond the planning stage and therefore deserved Congressional scrutiny. [Washington Post, 8/20/2009; New York Times, 8/20/2009]

Entity Tags: Central Intelligence Agency, Senate Intelligence Committee, House Intelligence Committee, Leon Panetta

Timeline Tags: Complete 911 Timeline, Civil Liberties

Guantanamo detainee Ahmed Muhammad al-Darbi makes a wide-ranging declaration alleging he was tortured into confessing links to al-Qaeda. The declaration covers his detention in Azerbaijan (see June 2002), rendition to Afghanistan (see August 2002), and alleged torture at Bagram (see August 2002) and Guantanamo (see (March 23, 2003)). Al-Darbi will say that he frequently feels “anxious, depressed, and worried,” and that he has “recurring nightmares of the US guards and interrogators from Bagram chasing me.” He also says he needs mental health counseling, but does not trust the staff at Guantanamo. He concludes that he would like to go home to Saudi Arabia, and would be willing to participate in what he calls “the Saudi reintegration program for repatriated detainees.” [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi

Timeline Tags: Torture of US Captives

Pakistani Interior Minister Rehman Malik says in an interview that Osama bin Laden and other top al-Qaeda leaders are not in Pakistan, so US drone strikes in Pakistan’s tribal region are futile. Malik says: “If Osama was in Pakistan we would know, with all the thousands of troops we have sent into the tribal areas in recent months.… If he and all these four or five top people were in our area they would have been caught, the way we are searching.… According to our information Osama is in Afghanistan, probably Kunar, as most of the activities against Pakistan are being directed from Kunar.” He adds that US drone strikes are hitting mid-level militants at best, and are “counterproductive because they are killing civilians and turning locals against our government. We try to win people’s hearts, then one drone attack drives them away.” [London Times, 7/12/2009] Malik’s statement about bin Laden not being in Pakistan is not consistent with the facts (see January 2005, Late 2005-Early 2006, August 2007, September 2008, and May 2, 2011).

Entity Tags: Al-Qaeda, Osama bin Laden, Rehman Malik

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Two luxury hotels in Jakarta, Indonesia, are hit by suicide bombers within five minutes of each other. Seven people are killed, plus the two bombers, and fifty people are injured. At least four of the dead are Westerners. The Marriott and Ritz Carlton hotels are the targets. The Marriott was bombed in 2003 as well (see August 5, 2003). Nobody takes credit, but the al-Qaeda linked group Jemaah Islamiyah is immediately blamed. Experts also blame militant Noordin Mohammed Top, saying that the bombs used are exactly the same to the ones Top used in previous bombings. [Bloomberg, 7/19/2009] Top actually created a Jemaah Islamiyah splinter group in 2005 called Tanzim Qaedat al-Jihad. These are the first significant bombings in Indonesia since 2005 (see October 1, 2005).

Entity Tags: Al-Qaeda, Jemaah Islamiyah, Noordin Mohammed Top, Tanzim Qaedat al-Jihad

Timeline Tags: Complete 911 Timeline

National Public Radio reports that Saad bin Laden, son of Osama bin Laden, has probably been assassinated by the US in Pakistan. The assassination was performed by a Predator drone, using Hellfire missiles. Saad was not the intended target of the missiles and was not a missile target at all, but was just “in the wrong place at the wrong time,” according to a counterterrorism official. [National Public Radio, 7/22/2009] US drones are operated by the CIA in Pakistan. [New Yorker, 10/26/2009]
Uncertainty about Death and Role - The exact date of Saad’s death is unclear, and it is reported only as “sometime this year.” The death is also not completely certain, as the US does not obtain a body to conduct tests on. However, a senior US counterterrorism official will say the US is “80 to 85 percent” certain that Saad is dead. Saad had escaped from house arrest in Iran around December 2008 or January 2009 (see (Between December 2008 and January 2009)). [National Public Radio, 7/22/2009] The relatives with whom he was imprisoned in Iran will indicate he had no involvement with terrorism during the seven years he was held in Iran. [Times (London), 12/23/2009] However, the counterterrorism official says Saad was active in al-Qaeda, but was not a major player. “We make a big deal out of him because of his last name,” he adds. [National Public Radio, 7/22/2009]
Missed Intelligence Opportunity - Others point out that Saad might have been much more valuable if he’d been captured alive, if only because of what he knew about his father. Hillary Mann Leverett, a former adviser to the National Security Council, claims that the US had several opportunities to interrogate Saad during the years he was in Iran (see Spring 2002 and Mid-May 2003). She says, “The Iranians offered to work out an international framework for transferring terror suspects, but the Bush administration refused.” She adds: “We absolutely did not get the most we could. Saad bin Laden would have been very, very valuable in terms of what he knew. He probably would have been a gold mine.” [New Yorker, 10/26/2009]

Entity Tags: Saad bin Laden, Hillary Mann, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Mary Patrice Brown.Mary Patrice Brown. [Source: Allgov (.com)]The Justice Department’s Office of Professional Responsibility (OPR) recommends reversing a Bush-era policy and reopening nearly a dozen prisoner abuse investigations, mostly in Iraq and Afghanistan. The decision could potentially expose CIA employees and contractors to prosecution for crimes involving brutalizing and torturing prisoners in US custody, particularly as some detainees died in custody and others were physically and mentally abused. The OPR makes the recommendation in early August, but the information is not reported in the media until later in the month. The decision comes as the Justice Department is ready to disclose new information on prisoner abuse from a 2004 report by the CIA’s inspector general that has never before been released (see May 7, 2004). The Bush-era Justice Department chose not to pursue investigations into any of the allegations, deciding that none of them warranted further inquiry. However, Attorney General Eric Holder reconsidered that decision after he saw the allegations and the accompanying evidence, much of which is contained in the 2004 CIA report. The OPR gives Holder additional leverage to reopen the investigations. The OPR report is primarily authored by the office’s new chief, Mary Patrice Brown, a federal prosecutor picked to replace the office’s former head, H. Marshall Jarrett, who is working elsewhere in the Justice Department. One case under review is that of Iraqi citizen Manadel al-Jamadi, who died in 2003 at Abu Ghraib prison (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003) after being captured by a team of Navy SEALs. Prosecutors believe he received his fatal injuries from his captors, but lawyers for the SEALs deny the charge. During President Bush’s tenure, the Justice Department responded to inquiries about the incidents from Democratic lawmakers with little more than summaries of the numbers of cases under scrutiny, and provided virtually no details about individual cases or explanations as to why the department chose not to prosecute. [New York Times, 8/24/2009]

Entity Tags: H. Marshall Jarrett, Central Intelligence Agency, Eric Holder, US Department of Justice, Manadel al-Jamadi, Mary Patrice Brown, Office of Professional Responsibility

Timeline Tags: Torture of US Captives

Malcolm Nance, the former master instructor and chief of training at the Navy’s Survival Evasion Resistance and Escape (SERE) School who now serves as a consultant on counterterrorism and terrorism intelligence for the US government, makes a cogent point about “breaking” interrogation subjects. Nance is interviewed by MSNBC’s Rachel Maddow, who asks: “One of the other things that I think is a term that sort of gets bandied around by civilians who don’t have experience in these things when we talk about, not only the politics of interrogation, but also the utility of interrogation, is this idea of somebody being broken, a prisoner, the subject of an interrogation being a broken person. And that was described by political actors about interrogation techniques as sort of the goal, about what the idea was to—what the object was of what we wanted to be doing to al-Qaeda prisoners. Does breaking a person in interrogation terms make sense if what you’re trying to do is get real information out of them?” Nance replies, “The process of ‘breaking,’ quote-unquote, a prisoner is not something interrogators do. Interrogators really don’t want to break you down as a human being and take away all of your ability to think and reason and give a coherent answer. That was something that was developed by totalitarian and hostile regimes who saw that a confession is what they wanted out of you. They didn’t care whether you had done it or not. A confession is what they needed out of you, and to get that confession, what they would do is break you physically, psychologically, and mentally so that you could get into a state of learned helplessness and you would comply no matter what they would say. Now, this killed hundreds, if not thousands, of American service members in Korea, World War II, and Vietnam. And this is not something which any real interrogator would want to try because, of course, at that point, you are not getting information. You are just getting compliance. And any idiot can comply and that makes no intelligence whatsoever.” Nance and Maddow note that former SERE psychologists Bruce Jessen and James Mitchell, the two SERE psychologists who designed the US torture program (see Late 2001-Mid-March 2002, January 2002 and After, Late March through Early June, 2002, April - June 2002, Mid-April 2002, April 16, 2002, Between Mid-April and Mid-May 2002, Mid-May 2002 and After, June 2002, July 2002, April 2009, and April 30, 2009), were experienced in the methodologies of “breaking” prisoners and not in extracting useful information. [MSNBC, 8/13/2009]

Entity Tags: Bruce Jessen, Rachel Maddow, Malcolm Nance, James Mitchell

Timeline Tags: Torture of US Captives

The House Intelligence Committee launches an investigation into whether the CIA broke the law by failing to notify Congress about an agency program to assassinate and capture al-Qaeda leaders. The program was initiated shortly after 9/11 (see Shortly After September 17, 2001), but Congress was not notified of it, apparently at the instruction of former Vice President Dick Cheney (see 2002), until it was shut down in July 2009 (see June 23, 2009 and June 24, 2009). [Washington Post, 8/20/2009; New York Times, 8/20/2009] Congressional Democrats are furious that the program was not shared with the House Committee and with its Senate counterpart. However, some Congressional Republicans say that as Congress had already approved broad authorities for the CIA after 9/11, the CIA was not required to brief lawmakers on specifics about the program, which never became operational. [New York Times, 7/12/2009; New York Times, 7/14/2009]

Entity Tags: House Intelligence Committee, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, Civil Liberties

According to ABC News, the Justice Department’s release of a 2004 report by the CIA’s inspector general (see May 7, 2004 and August 24, 2009) is preceded by a “profanity-laced screaming match” between CIA Director Leon Panetta and White House officials. This apparently produces disquiet among White House officials regarding Panetta. According to ABC News, some White House officials are “worrying about the direction of its newly-appoint[ed] intelligence team.” Some reports say that Panetta has already threatened to resign once, and White House officials are discussing “a possible shake-up of top national security officials.” According to one unnamed “senior adviser to [President] Obama on intelligence matters,” “You can expect a larger than normal turnover in the next year.” And another former senior intelligence official predicts, “Leon will be leaving.” But a White House spokesman, Denis McDonough, says the reports of Panetta’s threatened resignation and a potential “shake-up” of top intelligence and national security officials are “inaccurate.” Both Panetta and CIA spokesman George Little say reports of his threatened resignation are “absolutely untrue”; the spokesman says of the alleged tirade that Panetta is known to use “salty language.” Former counterterrorism specialist and current ABC News consultant Richard Clarke says: “It would be a shame if such as talented a Washington hand as Panetta were to leave after one year. It takes that long for any senior bureaucrat to begin to understand what needs to get done and how to do it. The CIA needs some stability.” [ABC News, 8/24/2009] Newsweek’s Mark Hosenball says that Panetta has been sending mixed messages. “Panetta had been kind of ambiguous, at least in terms of his public statements and even his private messages, as to whether he’s strongly opposed to release of documents like this or not,” he says. “Some cases it’s looked like he’s been in favor of releasing documents like this; in other cases, it’s looked like he’s been against it. I think he’s trying to straddle the issue here. I mean, certainly, previous CIA directors like General Mike Hayden and George Tenet have strongly expressed the view that this stuff shouldn’t have been released. Panetta hasn’t been quite as strong in saying that publicly, anyway.” [PBS, 8/24/2009]

Entity Tags: Mark Hosenball, Central Intelligence Agency, Denis McDonough, Leon Panetta, Obama administration, Richard A. Clarke, George Little

Timeline Tags: Torture of US Captives

The White House announces the formation of a new unit to question “high-value” terrorism suspects. The unit is called the High-Value Detainee Interrogation Group (HIG). It operates out of the FBI, but is overseen by the National Security Council; this structure removes the CIA as the primary interrogators of high-level detainees and gives the White House direct oversight. According to author and reporter David Ignatius, the HIG will be composed of small groups of “special interrogation experts” sent out to interrogate certain detainees. [PBS, 8/24/2009] Administration officials say all interrogations overseen by the HIG will comply with guidelines contained in the Army Field Manual, which prohibits the use of physical force. The group will study other interrogation methods, however, and may add additional noncoercive methods in the future. Tom Malinkowski of the organization Human Rights Watch says the new interrogation policy represents a significant step toward more humane treatment, though he wants stricter limits on rendition (see August 24, 2009]). Overall, Malinkowski says the Obama administration’s approach to counterterrorism issues is strong, noting that the government has now adopted “some of the most transparent rules against abuse of any democratic country.” [New York Times, 8/25/2009]
De-Emphasizing CIA's Role in Interrogations - Author and reporter Jane Mayer observes: “[T]o to some extent, this is bringing the CIA back to its earlier role traditionally, before 9/11, but still it’s taking authority away from the CIA. It’s also—the new rules for interrogation are going to make the CIA use only techniques that are allowed for the military. They’re not going to have any special dispensation to do enhanced interrogation techniques, so you’re basically seeing them kind of knocked down to just having to act like everybody else.” Ignatius adds: “My conversations today with the people who know the CIA tells me that the feeling out there is kind of, ‘Let this cup pass from our lips.’ You know, they are sick of this interrogation issue. They were in many cases reluctant to get into it in the first place. This has been a nightmare for them. Careers have been destroyed. Officers feel like their lives have been wrecked. And I think the career people there say, ‘Fine, you know, if the FBI wants to do this, let them have it.‘… [T]he only thing that worries me is putting it so directly under the White House, having the White House running interrogation programs, that seems a little odd to me.” [PBS, 8/24/2009] CIA spokesman Paul Gimigliano says that the agency will continue to be involved in interrogations. “The CIA took active part in the work of the task force, and the agency’s strong counterterrorism knowledge will be key to the conduct of future debriefings,” he says. “That won’t change.” [New York Times, 8/25/2009]
Worries that Obama Administration May be Taking Too Much Power for Itself - MSNBC’s Alison Stewart says the decision “might cause involuntary eyebrow-raising among people who thought the Bush administration gave itself too much power in these matters.” Senator Sheldon Whitehouse (D-RI) supports the decision, saying that “it brings for the first time… a very rigorous and serious overview to our interrogation of high-value detainees. If you set aside all of the spin and all of the nonsense that you heard out of the top layers of the Bush administration, what you really saw was—for a lot of these high-value detainees, you saw very amateurish investigation by people who knew nothing about al-Qaeda, who knew nothing about interrogation, who had familiarity with antique techniques that were used by brutal tyrant regimes for propaganda purposes not for intelligence gathering purposes, and were put for reasons that are still not adequately explained into high value interrogations. We know from testimony before the Senate Judiciary Committee that at least one very productive investigation was interrupted and probably ruined by the intervention of these amateurish and brutal techniques into an investigation—an interrogation that was generating absolutely first-class interrogation for our country.” Whitehouse does not identify the subject of that “productive interrogation,” but he could be referring to the interrogation of Abu Zubaida (see March 28, 2002). [MSNBC, 8/25/2009]

Entity Tags: Alison Stewart, High-Value Detainee Interrogation Group, Federal Bureau of Investigation, Central Intelligence Agency, David Ignatius, Tom Malinkowski, Sheldon Whitehouse, Jane Mayer, National Security Council, Paul Gimigliano, Obama administration

Timeline Tags: Torture of US Captives

Noordin Mohammed Top, the most wanted Islamist militant left in Indonesia, is killed in a shootout with police in Surakarta on the island of Java, Indonesia. Top was an expert bomb maker and planner, and was wanted for a role in a series of bombings in Indonesia, including the 2002 Bali bombings (see October 12, 2002), a 2003 Marriott Hotel bombing in Jakarta (see August 5, 2003), a 2004 Australian embassy bombing (see September 9, 2004), a 2005 Bali bombing (see October 1, 2005), and two Jakarta hotel bombings in 2009 (see July 17, 2009). He first was a leader of the al-Qaeda linked and Southeast Asia-based militant group Jemaah Islamiyah. But in 2005, he former a splinter group Tanzim Qaedat al-Jihad, whose name in English means “Al-Qaeda Jihad Organization for the Malay Archipelago,” after some other Jemaah Islamiah leaders drifted away from a policy of violent attacks. Counterterrorism expert Sidney Jones says, “There isn’t another radical leader in Indonesia who has given that same [pro-Osama bin Laden] message so consistently.” She calls his death “a huge blow for the extremist organizations in Indonesia and the region.” [Reuters, 9/17/2009]

Entity Tags: Sidney Jones, Al-Qaeda, Noordin Mohammed Top, Tanzim Qaedat al-Jihad, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Seven former directors of the CIA urge President Obama to end the investigation of claims that the CIA tortured detainees to obtain intelligence (see August 24, 2009). The investigation was triggered by the release of an internal CIA report from 2004 (see August 24, 2009). The directors say that all the cases in the 2004 report have already been adequately investigated, and to reopen those investigations would make it difficult for intelligence agents to believe they can safely follow legal guidance. In a letter signed by the seven former directors, they write: “Attorney General Holder’s decision to re-open the criminal investigation creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute. Those men and women who undertake difficult intelligence assignments in the aftermath of an attack such as September 11 must believe there is permanence in the legal rules that govern their actions.… [T]his approach will seriously damage the willingness of many other intelligence officers to take risks to protect the country.” The letter is signed by former CIA directors Michael Hayden, Porter Goss, George Tenet, John Deutch, James Woolsey, William Webster, and James Schlesinger. Current CIA Director Leon Panetta opposed the investigation, but says that he will cooperate with it (see Before August 24, 2009). [Fox News, 9/18/2009]
ACLU: Letter 'Self-Serving' and Wrong - The American Civil Liberties Union’s Jameel Jaffer calls the letter “self-serving,” writing: “Attorney General Holder initiated a criminal investigation because the available evidence shows that prisoners were abused and tortured in CIA custody. The suggestion that President Obama should order Attorney General Holder to abort the investigation betrays a misunderstanding of the role of the attorney general as well as the relationship between the attorney general and the president. Where there is evidence of criminal conduct, the attorney general has not just the authority but the duty to investigate. The attorney general is the people’s lawyer, not the president’s lawyer, and it would be profoundly inappropriate for President Obama to interfere with his work. The attorney general’s investigation should be allowed to proceed without interference, and it certainly should not be derailed by the self-serving protests of former CIA officials who oversaw the very crimes that are being investigated. If there is a problem with the unfolding criminal investigation, it is that its focus is too narrow. There is abundant evidence that torture was authorized at the highest levels of the Bush administration, and the Justice Department’s investigation should be broad enough to encompass Bush administration lawyers and senior officials—including the CIA officials—who authorized torture.” [TPM Muckraker, 9/18/2009]
Justice Department Responds - The Justice Department counters the letter with its own statement: “The attorney general works closely with the men and the women of intelligence community to keep the American people safe and he does not believe their commitment to conduct that important work will waver in any way. Given the recommendation from the Office of Professional Responsibility as well as other available information, he believed the appropriate course of action was to ask John Durham to conduct a preliminary review. That review will be narrowly focused and will be conducted by a career prosecutor who has shown an ability to handle cases involving classified information. Durham has not been appointed as a special prosecutor; he will be supervised by senior managers at the [Justice] Department. The attorney general’s decision to order a preliminary review into this matter was made in line with his duty to examine the facts and to follow the law. As he has made clear, the Department of Justice will not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees.” [Washington Independent, 9/18/2009]

Entity Tags: Jameel Jaffer, George J. Tenet, Central Intelligence Agency, Barack Obama, William H. Webster, US Department of Justice, Office of Professional Responsibility, Eric Holder, Porter J. Goss, John Deutch, James R. Schlesinger, Leon Panetta, Michael Hayden, James Woolsey

Timeline Tags: Torture of US Captives

The US Justice and Defense Departments announce that five detainees are to be moved from Guantanamo to New York, where they will face trial in ordinary civilian courts for the 9/11 attacks. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), Ramzi bin al-Shibh, who helped coordinate the attacks, Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia, and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The five previously indicated they intend to plead guilty (see December 8, 2008). US Attorney General Eric Holder says: “For over 200 years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice and provide accountability to victims. Once again we will ask our legal system to rise to that challenge, and I am confident it will answer the call with fairness and justice.” Secretary of Defense Robert Gates was also involved in the decision on where to try the men. [US Department of Justice, 11/13/2009] However, five detainees are to remain in the military commissions system. They are Ibrahim al-Qosi, Omar Khadr, Ahmed al-Darbi, Noor Uthman Mohammed, and Abd al-Rahim al-Nashiri. [McClatchy, 11/14/2009] These five detainees are fighting the charges against them:
bullet Ibrahim al-Qosi denies the charges against him, saying he was coerced into making incriminating statements; [USA v. Ihrahm Ahmed Mohmoud al Qosi, 7/16/2009 pdf file]
bullet Khadr’s lawyers claim he was coerced into admitting the murder of a US solider in Afghanistan; [National Post, 11/14/2009]
bullet Ahmed Muhammad al-Darbi also claims he was forced to make false confessions (see July 1, 2009); [al-Darbi, 7/1/2009]
bullet Noor Uthman Mohammed denies most of the charges against him (see (Late 2004));
bullet Al-Nashiri claims he was forced to confess to trumped up charges under torture (see March 10-April 15, 2007). [US department of Defense, 3/14/2007 pdf file]

Entity Tags: Eric Holder, US Department of Justice, Ali Abdul Aziz Ali, Abd al-Rahim al-Nashiri, Ahmed Muhammad al-Darbi, Khallad bin Attash, US Department of Defense, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Khalid Shaikh Mohammed, Robert M. Gates, Noor Uthman Muhammed, Ibrahim Ahmed Mahmoud al-Qosi, Omar Khadr

Timeline Tags: Torture of US Captives, Complete 911 Timeline

According to a US government diplomatic document, senior Tajik counterterrorism official General Abdullo Sadulloevich Nazarov tells US officials that Pakistani officials are tipping off al-Qaeda militants about raids. The document states, “In Pakistan, Osama Bin Laden wasn’t an invisible man, and many knew his whereabouts in North Waziristan, but whenever security forces attempted a raid on his hideouts, the enemy received warning of their approach from sources in the [Pakistani] security forces.” The document will be made public by Wikileaks prior to the US raid that kills bin Laden (see May 2, 2011). [Daily Telegraph, 5/2/2011] The warning may not be entirely accurate, since it appears bin Laden was hiding for years in Abbottabad, not North Waziristan.

Entity Tags: Osama bin Laden, Abdullo Sadulloevich Nazarov

Timeline Tags: Complete 911 Timeline, War in Afghanistan

On a visit to London, Pakistani Prime Minister Yousaf Raza Gillani says he thinks Osama bin Laden is not in Pakistan. The statement is made against a background of Western demands that Afghanistan and Pakistan take more action against militants, including stepping up their efforts to find bin Laden, to accompany the surge in Western troops to Afghanistan. “I doubt the information which you are giving is correct because I don’t think Osama bin Laden is in Pakistan,” says Gillani in response to a question. The New York Times observes, “The Pakistani leader did not indicate where Mr. bin Laden might be if he is not in Pakistan.” [New York Times, 12/3/2009] The next day, the BBC will run an article brokered by a Pakistani intelligence service in which a detainee claims he recently received information bin Laden was in Afghanistan (see Before December 4, 2009). Gillani’s statement is not accurate (see May 2, 2011).

Entity Tags: Osama bin Laden, Yousaf Raza Gillani, Al-Qaeda, Pakistan

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A CIA officer who hunted Osama bin Laden after 9/11 says that the al-Qaeda leader must be dead, according to former CIA officer and journalist Robert Baer. The officer adds, “No wonder there’s no intelligence on him.” When Baer asks him about the numerous audio and videotapes that appear to have been released by bin Laden over the past few years, the officer says they easily could have been digitally mastered from old recordings. However, he admits that the CIA has no evidence bin Laden died and his comments are only based on a hunch. Baer will say this theory is not popular in Washington because “it veers off into the realm of conspiracies,” and people are scared that “the moment they air their view, bin Laden will reappear.” Nevertheless, according to Baer: “[I]t’s a real possibility that bin Laden was killed at Tora Bora in late 2001 and is now buried under tons of rock, never to be found. Or that he died of ill health in the intervening years.” [Time, 12/8/2009] Baer will later be proven incorrect (see May 2, 2011).

Entity Tags: Osama bin Laden, Robert Baer, Al-Qaeda, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

The press reports that the US Chamber of Commerce and other lobbying organizations are the biggest winners in the controversial Citizens United decision by the US Supreme Court (see January 21, 2010), which allows corporations and labor unions to spend unrestricted amounts of money in support of, or opposition to, federal candidates. The Chamber of Commerce spends more on promoting Republican and conservative candidates than almost any other organization outside of the Republican Party itself. Other trade organizations, which tend to support Republicans, will almost certainly up their spending on behalf of their candidates, or in opposition to Democrats, according to experts interviewed by reporters, as will most corporations.
Unrestrained Spending to Favor Republicans - Democratic lawyer Marc Elias says: “It is a sweeping decision. In one opinion, the Court struck down all bans on corporate independent spending.” GOP lawyer Robert Kelner says that the ruling “will reflect a huge sea-change in campaign finance law. The Court went all the way. It really relieves any restrictions on corporate spending on independent advertising.” Another GOP lawyer, Ben Ginsberg, says: “It’s going to be the Wild Wild West. If corporations and unions can give unlimited amounts… it means that the public debate is significantly changed with a lot more voices, and it means that the loudest voices are going to be corporations and unions.” Former Federal Elections Commission member Brad Smith says, “This case will lead to more spending, I think, in political elections.” Lawrence M. Noble, the former general counsel for the FEC, says a lobbyist can tell a candidate, “We have got a million we can spend advertising for you or against you—whichever one you want.” Political science professor Robert Watson, who has consulted with Democratic campaigns, says: “It’s a game changer. And the last thing we need is for major corporations and nonprofits to have unlimited access to buy their members of Congress.” The New York Times writes: “It is expected to unleash a torrent of attack advertisements from outside groups aiming to sway voters, without any candidate having to take the criticism for dirty campaigning. The biggest beneficiaries might be well-placed incumbents whose favor companies and interests groups are eager to court. It could also have a big impact on state and local governments, where a few million dollars can have more influence on elections.” The National Journal states: “Over the long run, the ruling is likely to favor GOPers more than it does Dems. While it does apply to unions and corporations equally, Elias said the presumption is that corporations have more money to spend.” Major corporations will not openly run their own advertising, Kelner says, but they will funnel millions into trade associations such as the Chamber of Commerce. “If people think that individual companies are going to go out and buy ads, there may be some of that, but for the most part companies are going to flow this money through trade groups and other outside groups,” Kelner says. “This will open the floodgates for money flowing through groups like the US Chamber of Commerce and other associations [that] spend money on political advertising.… There was always a cloud of doubt around outside groups and trade associations, and this lifts those clouds of doubt and leaves behind clear skies.” Former Democratic National Committee (DNC) general counsel Joe Sandler says the ruling may open the door for more attacks on incumbents by corporate and other entities eager to spend money to ease them out. “You will see more sharp-edged, candidate-specific ads on the air closer to the election,” Sandler says. “That could make it more difficult for incumbents to take tough votes in an election year.” [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010] Think Progress, the liberal news Web site affiliated with the Center for American Progress, writes, “The ruling is a giant win for the US Chamber of Commerce and the big corporations, which tend to donate heavily to Republicans.” [Think Progress, 1/22/2010]
Citizens the Real Losers? - Paul Ryan of the Campaign Legal Center calls the ruling a complete loss for citizens, saying: “[T]he Supreme Court majority declared that corporate speech trumps the rights of American voters to government free of corporate corruption. The Court has nominally upheld campaign finance disclosure requirements applicable to corporations, but I think time will prove that those disclosure requirements are largely ineffective when dealing with contributions.” Brad Ashwell of the Florida Public Interest Research Group calls the ruling a “shocking burst of judicial activism.” Senator Russ Feingold (D-WI) calls the ruling “a terrible mistake,” and says the Court “chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns.” Feingold and other Congressional Democrats want to pass legislation that would curb the decision as soon as feasible. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010]
Republicans Celebrate Victory for Free Speech, Say Decision Will 'Level Out' Spending - But Marco Rubio (R-FL), running for Florida’s open Senate seat, says, “Today’s Supreme Court ruling is a victory for those who truly value the freedoms outlined in our First Amendment.” And Republican consultant Ed Brookover, who represents Republican House candidate Allen West (R-FL), says he believes spending from liberal groups such as MoveOn.org will equal spending by corporations, and “level out” spending for the two parties. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010]
President Critical of Decision - President Obama speaks out against the decision (see January 21, 2010).

Entity Tags: Joseph Sandler, Bradley A. (“Brad”) Smith, US Supreme Court, Ed Brookover, Brad Ashwell, Ben Ginsberg, Barack Obama, Think Progress (.org), Russell D. Feingold, US Chamber of Commerce, Robert Kelner, Robert Watson, New York Times, Marc Elias, Lawrence M. Noble, Republican Party, Marco Rubio, National Journal, Paul S. Ryan

Timeline Tags: Civil Liberties

The US Department of Justice’s Office of Professional Responsibility refuses to refer two former Bush administration officials to authorities for criminal or civil charges regarding their authorizations of the torture of suspected terrorists (see Before April 22, 2009). John C. Yoo and Jay S. Bybee, two senior officials in the DOJ’s Office of Legal Counsel, provided the legal groundwork that allowed American interrogators to use sleep deprivation, waterboarding, and other torture methods against terror suspects (see Late September 2001, January 9, 2002, and August 1, 2002). The report finds that Yoo and Bybee, along with former OLC head Steven Bradbury, exhibited “poor judgment” in their actions. The OPR refuses to make the report’s conclusions public. It is known that senior Justice Department official David Margolis made the decision not to refer Yoo and Bybee for legal sanctions. [Office of Professional Responsibility, US Department of Justice, 7/29/2009 pdf file; Washington Post, 1/31/2010]

Entity Tags: John C. Yoo, Bush administration (43), David Margolis, Jay S. Bybee, Office of Professional Responsibility, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

Secretary of State Hillary Clinton accuses the Pakistani government of knowing where Osama bin Laden and other top militant leaders are hiding. She says, “I’m not saying that they’re at the highest levels, but I believe that somewhere in this government are people who know where Osama bin Laden and al-Qaeda is, where Mullah Omar and the leadership of the Afghan Taliban is, and we expect more co-operation to help us bring to justice, capture or kill those who attacked us on 9/11.” A Pakistani government spokesperson dismisses Clinton’s claim. [Daily Telegraph, 5/11/2010] In March 2011, a US strike force will assault a compound in Abbottabad, Pakistan and kill bin Laden (see May 2, 2011).

Entity Tags: Mullah Omar, Al-Qaeda, Hillary Clinton, Pakistan, Taliban, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

CIA Director Leon Panetta tells ABC News that there are on 50 to 100 al-Qaeda operatives left in Afghanistan, and Osama bin Laden is hiding in Pakistan’s tribal region. He says that the number of al-Qaeda operatives in Afghanistan is “relatively small.… At most, we’re looking at 50 to 100, maybe less. It’s in that vicinity. There’s no question that the main location of al-Qaeda is in the tribal areas of Pakistan.” He also says that bin Laden “is in an area of the tribal areas of Pakistan.” He concedes that the CIA has not had good intelligence on bin Laden’s location for a long time. “It’s been a while. I think it goes back almost to the early 2000s, you know in terms of actually when [bin Laden] was leaving from Afghanistan to Pakistan that we had the last precise information about where he might be located. Since then it has been very difficult to get any intelligence on his exact location.” [ABC News, 6/27/2010] Almost a year later, bin Laden will be assassinated in his Pakistan hideout (see May 2, 2011).

Entity Tags: Leon Panetta, Osama bin Laden, Al-Qaeda

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A key mistake by Osama bin Laden’s courier Ibrahim Saeed Ahmed (a.k.a. Abu Ahmed al-Kuwaiti) lead US intelligence to exact location of bin Laden’s hideout in Abbottabad, Pakistan (see May 2, 2011). US intelligence already had a good idea that Ahmed was a courier working for bin Laden, and in the summer of 2009, he used a cell phone that allowed analysts to determine he was living somewhere in northwest Pakistan (see Summer 2009). But he drove an hour or two before making his calls, and he changed the SIM cards in his phone, making it impossible to pinpoint his exact location. After a flurry of calls in the summer of 2009, he did not use his phone for nearly a year. [ABC News, 5/19/2011]
Phone Call Is Key Mistake - But then, around July 2010, he accepts a call that provides the key intelligence breakthrough. The call is from an unnamed old friend, but the friend’s calls are already being monitored by US intelligence for his al-Qaeda links. The friend asks Ahmed innocuous questions, like where have you been and what are you doing now. Ahmed vaguely replies, “I’m back with the people I was with before.” Bob Woodward of the Washington Post will later report, “There was a pause, as if the friend knew that [Ahmed’s] words meant he had returned to bin Laden’s inner circle, and was perhaps at the side of the al-Qaeda leader himself. The friend replied, ‘May God facilitate.’” [Washington Post, 5/6/2011]
Exact Neighborhood Is Located - According to one account, when Ahmed takes this call, apparently he is in or near the town of Peshawar (about 120 miles from Abbottabad). He is soon spotted there, and then continually monitored. It will take several weeks before he returns to Abbottabad, and the exact location of bin Laden’s hideout there is discovered. [New York Times, 5/2/2011] According to another account, Ahmed is either inside bin Laden’s compound or very close to it when he takes the call, because the NSA is quickly able to determine the exact neighborhood where the call was received. From there, the CIA and National Geospatial-Intelligence Agency search aerial satellite photographs and deduce which house in the neighborhood likely belongs to bin Laden. [ABC News, 5/19/2011] Either way, apparently his hideout will be discovered by US intelligence on August 1 (see August 1, 2010).
Bin Laden's Compound Already Known to CIA? - According to the Associated Press, the CIA had already known “for years” that bin Laden’s compound was linked to al-Qaeda, but they had dismissed it as not very important since there were no security guards patrolling it. In any case, the compound is located (or relocated), and US intelligence starts to monitor it. [Associated Press, 5/2/2011]

Entity Tags: US intelligence, National Geospatial-Intelligence Agency, Ibrahim Saeed Ahmed, Central Intelligence Agency, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

US officials privately brief British Prime Minister David Cameron. In his first visit to Washington, DC, as prime minister, Cameron is briefed by General James Cartwright, vice-chairman of the Joint Chiefs of Staff. According to a later account by the Guardian, Cartwright tells Cameron that the ISI, Pakistani’s intelligence agency, is at least tolerating terrorism, and may be promoting it. The Guardian will add that Cameron “was not just told in Washington that organizations like Lashkar-e-Toiba were able to launch attacks on India and Britain from Pakistan. Cameron was also warned that Pakistan was providing a haven for al-Qaeda leaders, possibly including Osama bin Laden.” [Guardian, 5/2/2011] Exactly one week after this briefing, Cameron will publicly accuse Pakistan of supporting and exporting terrorism (see July 28, 2010). This briefing takes place the same month US intelligence makes a key intelligence breakthrough that soon leads to bin Laden’s hideout in Abbottabad, Pakistan (see July 2010 and May 2, 2011).

Entity Tags: Lashkar-e-Toiba, David Cameron, James Cartwright, Pakistan Directorate for Inter-Services Intelligence, Osama bin Laden, Pakistan

Timeline Tags: Complete 911 Timeline, War in Afghanistan

An illustration of the Abbottabad compound.An illustration of the Abbottabad compound. [Source: CIA]US intelligence officials come to believe more strongly that they have found Osama bin Laden. US intelligence officials have tracked al-Qaeda courier Ibrahim Saeed Ahmed (a.k.a. Abu Ahmed al-Kuwaiti) to a compound in Abbottabad, Pakistan, in August 2010 (see July 2010), and by September they are so convinced that bin Laden is hiding there that they inform President Obama about this (see September 1, 2010). Bin Laden is not directly seen by surveillance, but there are many clues suggesting he could be there:
bullet Most importantly, Ahmed fits the profile of an ideal courier for bin Laden, and Ahmed lives at the compound.
bullet The compound is surrounded by 12- to 18-foot high walls topped with barbed wire.
bullet However, there is no telephone or Internet in the compound. This would seem to be an unusual security precaution, but it also makes the compound hard to monitor.
bullet The compound sits on a large plot of land and is about eight times larger than the other homes in the neighborhood.
bullet The people in the compound burn their trash instead of leaving it out for collection, like the other neighbors.
bullet The main three-story building in the compound has few outside windows.
bullet Ahmed and the others known to live in the compound have no known source of wealth that could explain how they pay the expenses of running the compound. [CNN, 5/2/2011]
bullet There are no balconies, except for those covered with more high walls. Balconies are a standard feature for wealthy houses like this one in Pakistan. One neighbor will later comment: “It’s not a proper house. It’s more like a warehouse. It’s not like a home where anyone would want to live.” [Daily Telegraph, 5/3/2011]
A senior Obama administration official will later say, “When we saw the compound where the brothers lived, we were shocked by what we saw—an extraordinarily unique compound.” He adds that intelligence analysts conclude the compound was “custom-built to hide someone of significance.… Everything we saw… was perfectly consistent with what our experts expected bin Laden’s hideout to look like.” [CNN, 5/2/2011] However, according to the Associated Press, US intelligence has known about the compound “for years,” but it did not think bin Laden would live there because there were no security guards. [Associated Press, 5/2/2011] Months later, a US strike force will assault the compound and kill bin Laden (see May 2, 2011).

Entity Tags: Osama bin Laden, Ibrahim Saeed Ahmed, Barack Obama, Leon Panetta, US intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

US intelligence begins intensively spying on the Abbottabad, Pakistan, compound where they strongly suspect Osama bin Laden is hiding (see August-September 2010). The compound was discovered on August 1, 2010 (see August 1, 2010). The Washington Post will later report that “virtually every category of [intelligence] collection in the US arsenal” is used, including satellite imagery and attempts to record voices inside the compound.
CIA Safehouse - The efforts include a CIA safehouse located somewhere near the compound. Abbottabad is a tourist town with pleasant weather and colonial era charm, enabling strangers to easily come and go without attracting suspicion. The CIA takes advantage of that atmosphere to send CIA operatives and informants into the town to gather information. A former US official will say, “The [main compound building] was three stories high, and you could watch it from a variety of angles.” Moving there “was his biggest mistake.” [Washington Post, 5/6/2011]
Escape Tunnel? - Analysts even study the water tables in the area in an attempt to figure out if bin Laden could have an escape tunnel. They conclude the soil is too wet to build a tunnel. [ABC News, 5/19/2011]
Intelligence Allegedly Still Lacking - The surveillance is so extensive that in December 2010, the CIA has to secretly get Congress to reallocate tens of millions of dollars within various agency budgets to help fund it. But US intelligence is allegedly unable to get a clearly identifiable picture or voice recording of bin Laden before the raid that eventually kills him. The CIA safehouse is abandoned shortly after the May 2, 2011 raid that kills bin Laden (see May 2, 2011), since it has served its purpose. [Washington Post, 5/6/2011]

Entity Tags: US intelligence, Central Intelligence Agency, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Representative Alan Grayson (D-FL), speaking on MSNBC’s The Ed Show to host Ed Schultz, criticizes former President Bush while discussing a current controversy regarding a combined mosque and Islamic community center being built near the ruins of the World Trade Center. Grayson says: “If we are going to talk about 9/11, why don’t we talk about how not so much the people who died on 9/11 were disgraced by the possibility of an Islamic athletic center several blocks away; how about the fact that they were disgraced by a president who let it happen? Who went on vacation for the entire month of August after he was warned in writing that Osama bin Laden was actually finding targets in NYC and learning how to take these planes and do terrible things with them? The [warning] itself said ‘hijacking’ and they did nothing about it” (See August 6, 2001, (August 4-5, 2001), and Between August 6 and September 10, 2001). [Raw Story, 8/21/2010]

Entity Tags: Alan Grayson, George W. Bush

Timeline Tags: Complete 911 Timeline

US-Bahrain Business Council logo.US-Bahrain Business Council logo. [Source: US-Bahrain Business Council]The US Chamber of Commerce (USCC), in a methodology made legal by the Citizens United Supreme Court decision (see January 21, 2010), uses foreign-generated funds to disseminate “attack ads” against Democrats running for office in the November midterm elections. The USCC has targeted, among others, Jack Conway (D-KY), Senator Barbara Boxer (D-CA), Governor Jerry Brown (G-CA), and Representatives Joe Sestak (D-PA) and Tom Perriello (D-VA). The USCC, a private trade association organized as a 501(c)(6) that can raise and spend unlimited funds without disclosing any of its donors, has promised to spend $75 million to prevent Democrats from winning in the upcoming elections. The USCC has, as of September 15, aired over 8,000 television ads supporting Republican candidates and attacking Democrats, according to information from the Wesleyan Media Project. The USCC has far outspent any other public or private group, including political parties. The funds for the USCC’s efforts come from its general account, which solicits foreign funding. Legal experts say that the USCC is likely skirting campaign finance law that prohibits monies from foreign corporations being spent in American elections. The USCC has been very active in recent years in raising funds from overseas sources, with such funds either going directly to the USCC or being funneled to the USCC through its foreign chapters, known as Business Councils or “AmChams.” Some of the largest donations come from the oil-rich country of Bahrain, generated by the USCC’s internal fundraising department in that nation called the “US-Bahrain Business Council” (USBBC). The USBBC is an office of the USCC and not a separate entity. The USBBC raises well over $100,000 a year from foreign businesses, funds shuttled directly to the USCC. A similar operation exists in India through the auspices of the USCC’s US-India Business Council (USIBC). The USIBC raises well over $200,000 a year for the USCC. Other such organizations exist in Egypt, Russia, China, Saudi Arabia, Brazil, and other countries, with those nations’ laws making it difficult or impossible for the public to learn how much money is being raised and by which foreign entities. Multinational firms such as BP, Shell Oil, and Siemens are also active members of the USCC, and contribute heavily to the organization. If those firms’ monies are going to fund political activities, the Citizens United decision makes it legal to keep that fact, and the amount of money being used to fund those political activities, entirely secret. It is known that the health insurer Aetna secretly donated $20 million to the USCC to try to defeat the Affordable Care Act (ACA) last year, and News Corporation, the parent of Fox News, donated $1 million to the USCC to use in political activities (see September 30, 2010). The USCC is a strong opponent of Democrats’ efforts to persuade American businesses to hire locally rather than outsourcing jobs to countries such as China and India, and has fought Democrats who oppose free trade deals that would significantly benefit foreign entities. The USCC claims that it “has a system in place” to prevent foreign funding for its “political activities,” but refuses to give any details. [Think Progress, 10/5/2010]

Entity Tags: Joe Sestak, British Petroleum, Barbara Boxer, Aetna, Jack Conway, US-India Business Council, Wesleyan Media Project, US Chamber of Commerce, News Corporation, Royal Dutch/Shell, US-Bahrain Business Council, Siemens, Thomas Perriello, Edmund Gerald (“Jerry”) Brown, Jr

Timeline Tags: Civil Liberties

An unnamed senior NATO official says that Osama bin Laden is hiding in a house somewhere in northwest Pakistan. Al-Qaeda number two leader Ayman al-Zawahiri is also hiding in a house somewhere nearby, but not in the same place as bin Laden. The official says, “Nobody in al-Qaeda is living in a cave.” This person adds that al-Qaeda’s top leadership is likely living in relative comfort, protected by locals and some members of the ISI, Pakistan’s intelligence agency. Additionally, top Taliban leader Mullah Omar lives in the Pakistani cities of Quetta and Karachi. It is unknown how the NATO official would know all this, but CNN says the person has access to classified information. [CNN, 10/18/2010] When a US raid kills bin Laden in May 2011, he will be found in a house in northwest Pakistan (see May 2, 2011), and there will be accusations that the ISI must have protected him there (see May 2, 2011 and After).

Entity Tags: Mullah Omar, Al-Qaeda, Osama bin Laden, Ayman al-Zawahiri, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Some leaders of US Congress are briefed about intelligence on Osama bin Laden’s secret compound in Abbottabad, Pakistan. Senator Dianne Feinstein (D-CA), chairperson of the Senate Intelligence Committee, will later say: “We were briefed about suspicions about the size, about the structure of the compound, about the absence of people going in or out. We were actually shown overhead long distance photos from the air and we were essentially told that there were suspicions, serious suspicions, that this may be the place where Osama bin Laden was and that there was a 24/7 oversight of this compound.” [Time, 5/3/2011] It is likely that all of the “Big 8”—the leaders of each party in the House and Senate and the top lawmakers from each party on the House and Senate intelligence committees—are informed about the intelligence. They will continue to receive periodic updates up until the raid that kills bin Laden on May 2, 2011 (see May 2, 2011). They will get calls from CIA Director Leon Panetta two days before the raid saying that the action against bin Laden is likely to take place soon. [Time, 5/3/2011; Politico, 5/3/2011]

Entity Tags: Dianne Feinstein, Leon Panetta, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Vice Admiral William McRaven.Vice Admiral William McRaven. [Source: CBS News]Navy Vice Admiral William McRaven, commander of Joint Special Operations Command, meets with intelligence officials at CIA headquarters and is shown photographs and maps of Osama bin Laden’s compound in Abbottabad, Pakistan. McRaven is one of the first military officers to be told the highly classified intelligence. He begins planning options on how the US could kill or capture bin Laden (if bin Laden is in the compound). McRaven assigns an unnamed Navy captain from SEAL Team 6 to work on the options. The captain will work daily with CIA officials on the plans. McRaven and his associates will come up with three main options on how to raid the compound (see March 14, 2011). [Wall Street Journal, 5/23/2011; ABC News, 6/9/2011]

Entity Tags: William H. McRaven, Osama bin Laden, US Naval Special Warfare Development Group, Navy Seals

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009.Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009. [Source: Reuters / Christine Cornell]Ahmed Khalfan Ghailani is sentenced to life in prison for his role in the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). US District Judge Lewis Kaplan imposes the maximum sentence. In November 2010, Ghailani was convicted of conspiracy to destroy buildings or property of the United States. The verdict included a special finding that his conduct caused at least one death. But this was only one of the 285 charges against him, and he was acquitted of 273 counts of murder or attempted murder. Ghailani was captured in Pakistan in 2004 (see July 25-29, 2004), kept in the CIA’s secret prison system, and then was held in the US prison in Guantanamo, Cuba, starting in late 2006 (see September 2-3, 2006). He was transferred to the mainland of the US in 2009. He was the first former Guantanamo prison to be tried in a US civilian court, and his trial has been widely seen as a test case on whether other prisoners held outside the US legal system should be tried in US courts. Critics argue that Ghailani’s verdict shows the other prisoners still in Guantanamo should be tried in military tribunals there. But others point to the verdict as an example of the fairness of the US justice system. Prosecutors had been seeking life in prison for Ghailani, and that is the sentence he ultimately receives, even though he is only convicted of one count. His defense lawyers didn’t try to argue that Ghailani had no role in the embassy bombings, but instead argued that he was duped by other people and didn’t really know what he was doing. [Christian Science Monitor, 1/25/2011]

Entity Tags: Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010.An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010. [Source: Docstoc (.com)]The liberal news Web site Think Progress, an affiliate of the Center for American Progress, reports that it has discovered evidence of a potentially illegal scheme to entrap and destabilize political organizations, including Think Progress, that support President Obama and other Democrats. The scheme, in development since November 2010 at least, centers around the US Chamber of Commerce (USCOC), a large trade organization that makes large secret donations to Republican candidates and organizations (see January 21-22, 2010 and October 2010), and a law firm, Hunton and Williams, hired by the USCOC. According to emails secured by Think Progress, Hunton and Williams is working with a set of private security firms—HBGary Federal, Palantir, and Berico Technologies (collectively called “Team Themis”)—to develop tactics to damage progressive groups and labor unions. Some of the organizations and unions targeted include Think Progress, a labor coalition called Change to Win, the Service Employees International Union (SEIU), US Chamber Watch, and StopTheChamber.com. The last two are small organizations dedicated to exposing some of the secretive practices of the USCOC. One project proposed by Team Themis is an entrapment scheme. The proposal called for the creation of a “false document, perhaps highlighting periodical financial information,” to give to a progressive group opposing the USCOC, and then exposing the document as a fraud, thus undermining the credibility of the organization. Another proposal involved using potentially illegal computer-hacking techniques to create what the group calls a “fake insider persona” to “generate communications” with Change to Win and to undermine the credibility of US Chamber Watch. The proposal actually advocates the creation of two such personas, one to be used “as leverage to discredit the other while confirming the identity of the second.” Together, “Team Themis” asked for $200,000 for initial background research and another $2 million for an active disinformation campaign. It is unclear from the emails whether any of the proposals were accepted, and if the disinformation campaign was ever launched. Think Progress was recently provided with the emails by members of “Anonymous,” an online “hacktivist” community responsible for attacking the Web sites of oppressive regimes in Tunisia and Egypt, along with American corporations that have censored the online information repository WikiLeaks. The emails were secured from HBGary Federal after one of that firm’s executives, Aaron Barr, tried to take Anonymous down. Barr claimed to have penetrated the group and intended to sell the data he collected to Bank of America (BoA) and to US federal authorities. In return, Anonymous hackers penetrated Barr’s email account and published some 40,000 company emails. Barr intended to approach Bank of America, Think Progress writes, because WikiLeaks is believed to have sensitive information about the firm that it intends to publish later in the year. BoA hired Hunton and Williams and other law firms to pursue WikiLeaks. BoA’s legal team also targeted Salon columnist Glenn Greenwald, an outspoken supporter of WikiLeaks, saying that it had plans for “actions to sabotage or discredit” him. The USCOC posts a response to Think Progress on its blog dismissing the report as “baseless attacks.” And prominent liberal blogger Marcy Wheeler (see April 18, 2009) says that the Think Progress report will probably “cause the Chamber of Commerce to rethink the spying work with HBGary it apparently has been considering.” [Berico Technologies, 11/3/2010 pdf file; Think Progress, 2/10/2011] Liberal blogger Brad Friedman, who has spent years covering voter suppression tactics by political organizations, will soon learn that he is targeted by Team Themis. An email sent by Barr and provided to Friedman “focused on me included names, personal information, home addresses, etc. of myself, family members, and a number of other members of VR,” Friedman will write. (Velvet Revolution is an “umbrella group” that includes StopTheChamber.) “Part of the plan included highlighting me as a ‘Tier 1’ player in a sophisticated disinformation/discrediting scheme that relied on high-tech tools developed for the US government’s ‘War on Terror.’ Team Themis’ US Chamber of Commerce plan was to deploy the very same techniques and technology used to track terrorists, terror organizations, and nations such as Iran, against private non-profit political advocates and citizens in the US.” The email also lists the names of people whom Barr clearly believes to be Friedman’s wife and two children (Friedman says the names listed are not family members—he is not married and has no children). The email also lists a Maryland address as Friedman’s home—another error, as Friedman lives in another state. Friedman will write that obviously Barr and his researchers found another, unrelated person named Brad Friedman and learned personal details about that person and his family. Prominent officials such as Ilyse Hogue of MoveOn.org and Robert Weissman of Public Citizen are also listed for “targeting.” [Brad Friedman, 2/14/2011]

Entity Tags: Democratic Party, Change to Win, WikiLeaks, Berico Technologies, Barack Obama, Bank of America, Aaron Barr, US Chamber Watch, Think Progress (.org), US Chamber of Commerce, Service Employees International Union, Ilyse Hogue, Marcy Wheeler, Hunton and Williams, Glenn Greenwald, HBGary Federal, StopTheChamber.com, Robert Weissman, Palantir, Brad Friedman

Timeline Tags: Civil Liberties

A meeting about Osama bin Laden’s possible hideout in Abbottabad, Pakistan (see 2003-Late 2005 and January 22, 2004-2005), is held at CIA headquarters. The attendees include commander of Joint Special Operations Command Navy Vice Admiral William McRaven, Undersecretary of Defense for Intelligence Michael Vickers, vice chair of the Joint Chiefs of Staff General James Cartwright, CIA Director Leon Panetta, and other senior CIA officials. They meet around a large and highly accurate scale model of the suspect Abbottabad compound built by the National Geospatial Intelligence Agency from satellite imagery. They discuss the intelligence about the compound and possible courses of action. Three choices of action are discussed: a Stealth bomber bomb strike; a Special Forces helicopter raid; and a joint operation raid with the Pakistani government. Analysts have concluded that there is a high-value target in the compound (which is now called Abbottabad Compound One, or AC1), and there is a strong possibility that the target is bin Laden. However, it is also possible the target could be someone else important like al-Qaeda number two leader Ayman al-Zawahiri or top Taliban leader Mullah Omar, or bin Laden’s family could be there without him. To be more certain, a “red team” analysis is ordered, which means that analysts so far unaware of the compound are given the evidence and asked to critically appraise it. [Wall Street Journal, 5/23/2011; ABC News, 6/9/2011] Three months later, a US strike force will assault the compound and kill bin Laden (see May 2, 2011).

Entity Tags: Michael Vickers, Ayman al-Zawahiri, Central Intelligence Agency, Leon Panetta, Osama bin Laden, William H. McRaven, Mullah Omar, National Geospatial-Intelligence Agency, James Cartwright

Timeline Tags: Complete 911 Timeline, War in Afghanistan

President Obama heads a National Security Council meeting to discuss possible courses of action against Osama bin Laden’s compound in Abbottabad, Pakistan. Obama is presented with three basic courses of action that he can take:
Bombing Option - One is to have B-2 stealth bombers drop a few dozen 2,000-pound guided bombs on the compound. The stealth bombers would bomb the compound thoroughly to make sure bin Laden was killed, that all of the people in the compound, including women and children, would be killed, and many neighbors would probably be killed as well. The odds are good that nothing would remain of bin Laden, so it would be unlikely to find any of his DNA to firmly conclude he was killed.
Special Forces Option - The other is to have US Special Forces arrive by helicopter and then assault the compound on the ground. This is considered the riskier option, because many things could go wrong and US soldiers could be killed. As ABC News will later comment: “The helicopters could be detected coming in. Bin Laden might be warned a few minutes out, and he could go into a hole, escape, set off a suicide vest, set a booby-trap bomb, prepare for a firefight.”
Pakistani Government Participation - Another option is a joint raid with Pakistani government forces. The US and Pakistan have successfully worked together on high-profile captures in the past, such as the capture of 9/11 mastermind Khalid Shaikh Mohammed in Pakistan in 2003 (see February 29 or March 1, 2003). However, in recent years, the US has stopped giving the Pakistani government advanced warning about the targets of drone strikes on militant leaders in Pakistan’s tribal region, because of incidents where it appeared the targets were tipped off.
No Final Decision Yet - Obama decides not to involve Pakistan in the raid or even warn it in advance. He does not make up his mind between the remaining two options, the bombing raid and the Special Forces raid. He tells his advisers to act quickly with further preparations on both. He also rules out using more invasive measures to gather better intelligence on the compound, figuring that the potential gain is not worth the risk of discovery. [New York Times, 5/2/2011; Wall Street Journal, 5/23/2011; ABC News, 6/9/2011]

Entity Tags: Osama bin Laden, National Security Council, Barack Obama

Timeline Tags: Complete 911 Timeline, War in Afghanistan

President Obama meets again with the National Security Council to decide how to act on intelligence that Osama bin Laden is probably hiding in a compound in Abbottabad, Pakistan (see 2003-Late 2005 and January 22, 2004-2005). Two weeks earlier, he had narrowed down the options to two: bomb the compound with stealth bombers and thus completely destroy it, or send in US Special Forces by helicopter and kill bin Laden with a ground assault (see March 14, 2011). Since that meeting, CIA analysts have been unable to rule out the possibility that there is a tunnel network under the compound. To be sure tunnels could not be used to escape, the amount of bombing on the compound would need to be greatly increased. At least one nearby house would be in the blast radius and probably a dozen or so neighbors would be killed. Furthermore, the heavy bombing would make it even less likely that DNA evidence could be acquired to prove that bin Laden had been killed. By the end of the meeting, Obama rules out the bombing option, leaving only the Special Forces helicopter raid option. He tells Navy Vice Admiral William McRaven, commander of Joint Special Operations Command, to come back to him by April 18 with a more detailed helicopter raid plan and an opinion on how likely such a plan would be successful. [New York Times, 5/2/2011; Wall Street Journal, 5/23/2011; ABC News, 6/9/2011] Five weeks later, a US strike force will assault the compound and kill bin Laden (see May 2, 2011).

Entity Tags: Central Intelligence Agency, Barack Obama, Osama bin Laden, William H. McRaven

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Umar Patek with the Abu Sayyaf militant group in the Philippines, 2007. Umar Patek with the Abu Sayyaf militant group in the Philippines, 2007. [Source: Associated Press]The Associated Press makes public for the first time the arrest of an Indonesian militant named Umar Patek in Abbottabad, Pakistan, on January 25, 2011. It will later turn out that Osama bin Laden is in hiding in Abbottabad at this time, and Patek may have been there to meet with him (see January 25, 2011). The Associated Press claims that the information was provided by Indonesian and Philippine intelligence officials one day earlier, and then it was confirmed by Pakistani officials before publication. [Associated Press, 3/30/2011] News reports two weeks later even reveal that an “alleged al-Qaeda facilitator” and Abbottabad resident named Tahir Shehzad was arrested as well, after he gave up Patek’s location. Plus, it is reported that Shehzad had been monitored by Pakistani intelligence for a year before that. [Associated Press, 4/14/2011; Associated Press, 4/14/2011]
Who Is to Blame? - Bin Laden does not immediately move from Abbottabad after these reports come out. After he is killed in May 2011 (see May 2, 2011), the Pakistani government will register displeasure that Australian Foreign Minister Kevin Rudd confirmed the information about the arrest on March 30. But Rudd’s confirmation comes after the Associated Press article has been published. A Pakistani official will say that an attempt was made to keep the arrest a secret for fear that “subsequent leads would all go dead.”
No Reaction from Bin Laden? - The Australian will later note, “Many security experts have… expressed surprise that the leaking of Patek’s arrest in Abbottabad did not trigger alarm bells in the bin Laden compound and prompt [bin Laden] to flee the area.” [Australian, 5/6/2011]

Entity Tags: Kevin Rudd, Umar Patek, Tahir Shehzad, Associated Press, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

CIA Director Leon Panetta meets with Lieutenant General Ahmed Shuja Pasha, head of the ISI, Pakistan’s intelligence agency. The meeting, at CIA headquarters, is meant to help repair relations between tUS and Pakistan. A CIA contractor named Raymond Davis caused a major diplomatic crisis after he shot and killed two Pakistanis in disputed circumstances. He was held in Pakistan for two months and released on March 16. Pasha asks Panetta to be more forthcoming about what the CIA is doing in Pakistan. Panetta promises to respond to Pasha’s concerns. But at the time, the US government is secretly planning to raid Osama bin Laden’s hideout in Abbottabad, Pakistan (see March 30-April 19, 2011), and Panetta does not say a word about this. His goal is to appease Pasha so relations with Pakistan will be improved by the time the bin Laden raid takes place. [Wall Street Journal, 5/23/2011] Bin Laden will be killed less than a month later (see May 2, 2011).

Entity Tags: Leon Panetta, Ahmad Shuja Pasha, Central Intelligence Agency, Pakistan Directorate for Inter-Services Intelligence, Raymond Davis, Osama bin Laden

Timeline Tags: Complete 911 Timeline, US International Relations, War in Afghanistan

President Obama is briefed again on how the plan to raid Osama bin Laden’s compound in Abbottabad, Pakistan, is progressing. Navy Vice Admiral William McRaven, commander of Joint Special Operations Command, has been preparing a raid by Navy SEAL Team Six, and he updates Obama on the latest preparations (see March 30-April 19, 2011). Obama mostly discusses the contingency plans for the many things that could go wrong. For instance, what if the helicopters transporting the SEAL team crash? Or what if the Pakistani military reacts quickly and attacks the team? McRaven says he plans to have a quick reaction force nearby to help extract the team if things go horribly wrong. Also, Admiral Michael Mullen, the chairman of the Joint Chiefs of Staff, plans to call General Ashfaq Parvez Kayani, head of the Pakistani military, and implore him not to attack the team, if it looks like Pakistan is on the verge of doing so. But no one can be sure how Pakistan will react in such a situation. Nevertheless, plans for the raid continue to advance. [ABC News, 6/9/2011] Two weeks later, a Navy SEAL Team Six strike force will assault the compound and kill bin Laden (see May 2, 2011).

Entity Tags: US Naval Special Warfare Development Group, Ashfaq Parvez Kayani, William H. McRaven, Barack Obama, Michael Mullen

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The press learns that the Obama administration is considering having President Obama (see January 27-29, 2010) issue an executive order that would force federal contractors to disclose donations over $5,000 to political organizations. Such firms seeking government contracts would be required to disclose contributions to groups that air political ads either attacking or supporting candidates. Both Republicans and Democrats say that if issued, the order would have an immediate effect. Groups such as the US Chamber of Commerce (USCOC), a large Republican donor that has made large undisclosed donations to Republican-supporting candidates and organizations (see January 21-22, 2010 and October 2010), attacks the White House over the considered executive order, saying it proves Obama is using his executive power to punish political adversaries and reward supporters. USCOC spokesperson Blair Latoff calls the proposed order “an affront to the separation of powers [and] to free speech” (see January 21, 2010) that would create a litmus test for companies wanting to work with the federal government. The order, Latoff adds, could mean “prospective contractors that fund political causes unpopular with the government or the current administration may find that they don’t get a contract award due to political discrimination.” Republican senators will raise the same concerns in a letter sent to the White House the next day. Lawyer Jan Baran, who has worked for both the USCOC and Republican interests, acknowledges that the order could curtail fundraising attempts for the 2012 elections. White House officials and Congressional Democrats say the order would prevent the 2012 elections from being taken over by wealthy anonymous donors on both sides of the political aisle. Fred Wertheimer of Democracy 21, a nonprofit group that favors stricter campaign finance rules, says, “The fact that Congressional Republicans may oppose disclosure does not mean that efforts to obtain it are, by definition, partisan.” [United Press International, 4/20/2011; Los Angeles Times, 4/21/2011; New York Times, 4/27/2011] A week later, Bruce Josten, the top lobbyist for the USCOC, will assail Obama and the White House over the proposed executive order, telling a reporter that the organization “is not going to tolerate” what it considers a “backdoor attempt” by the White House to silence private-sector opponents by disclosing their political spending. Josten will even indirectly compare Obama to Libyan leader Mu’ammar al-Qadhafi; citing the Obama administration’s efforts to hasten the deposing of al-Qadhafi, Josten will say of the order: “We will fight it through all available means. To quote what they say every day on Libya, all options are on the table.” White House spokesman Jay Carney will say in response to Josten’s attack, “What the president is committed to is transparency, and he certainly thinks that the American taxpayer should know where his or her money is going.” Josten is joined by the Business Roundtable, a powerful business association made up of a number of chief executives, which will call the proposed order “yet another example of regulatory over-reach,” and will claim the order would increase paperwork and drive up costs for businesses. [Think Progress, 4/27/2011] Lee Fang, a reporter for the liberal news Web site Think Progress, will write that the executive order could have a powerful impact on the USCOC. “[T]he White House’s disclosure rule threatens the entire existence of the Chamber,” Fang will write. “This is because the Chamber only exists to hide the identity of corporations seeking to fight nasty political battles without having their name or brand exposed. As the Wall Street Journal noted, the Chamber’s ‘most striking innovation has been to offer individual companies and industries the chance to use the chamber as a means of anonymously pursuing their own political ends.’ The Chamber’s members include defense contractors, bailed out banks, and other donors likely to be affected by the government contractor campaign disclosure rule.” Fang will also cite a recent plan by the USCOC to sabotage organizations that support Obama and Democratic candidates by using legally questionable tactics such as false entrapment strategies and even computer hacking (see February 10, 2011). The funding for the scheme was never made public. He also cites recent monies secured by the USCOC from foreign entities that, because of the Citizen United decision, could be flowing into US political activities without disclosure (see October 2010). [Think Progress, 4/27/2011] Republicans in Congress will move to pass legislation that would thwart the order, if it is ever issued (see May 26, 2011 and July 15, 2011).

Entity Tags: Barack Obama, Fred Wertheimer, Blair Latoff, Business Roundtable, Jan Witold Baran, US Chamber of Commerce, Lee Fang, Wall Street Journal, Mu’ammar al-Qadhafi, Obama administration, Bruce Josten

Timeline Tags: Civil Liberties

WikiLeaks, a non-profit whistleblower group, releases some files on about 750 prisoners held at the US-run prison in Guantanamo, Cuba. This covers all but about 15 of the prisoners who have passed through the prison since it opened in early 2002 (see January 11, 2002). Nearly all of the prisoners were accused of belonging to al-Qaeda or the Taliban, or associated Islamist militant groups. The files were written by US military intelligence officials between the prison’s opening and January 2009. They contain assessments on whether each prisoner should remain in US custody, be imprisoned by another country, or be set free. Most of the prisoners have been released over the years, and no new prisoners have been sent to Guantanamo since 2007, but 172 prisoners remain at Guantanamo in April 2011. Seven news organizations—the New York Times, The Guardian, McClatchy Newspapers, the Washington Post, El Pais, Der Spiegel, and NPR (National Public Radio)—were given early access to the files by WikiLeaks in order to vet and analyze them. Their publication was sped up when the New York Times prepared to publish them after claiming to get copies of them from another unnamed source. The Obama administration immediately condemns the publication of the classified information in the files. [New York Times, 4/24/2011; New Yorker, 4/25/2011]
Files Often Contain Dubious Evidence - Journalists who analyze the files question the accuracy of their prisoner assessments. The New York Times comments that the files “show that the United States has imprisoned hundreds of men for years without trial based on a difficult and strikingly subjective evaluation of who they were, what they had done in the past, and what they might do in the future.” Furthermore, the files “reveal that the analysts sometimes ignored serious flaws in the evidence—for example, that the information came from other detainees whose mental illness made them unreliable. Some assessments quote witnesses who say they saw a detainee at a camp run by al-Qaeda but omit the witnesses’ record of falsehood or misidentification. They include detainees’ admissions without acknowledging other government documents that show the statements were later withdrawn, often attributed to abusive treatment or torture.” [New York Times, 4/24/2011] The Guardian comments that Guantanamo has been “a place that portrayed itself as the ultimate expression of a forensic and rational war run by the most sophisticated power on the planet, with the best intelligence available. The reality was an almost random collection of [prisoners who were] the bad, the accidental, and the irrelevant.” [Guardian, 4/25/2011] McClatchy Newspapers comments: “The world may have thought the US was detaining a band of international terrorists whose questioning would help the hunt for Osama Bin Laden or foil the next 9/11. But [the files] not meant to surface for another 20 years shows that the military’s efforts at Guantanamo often were much less effective than the government has acknowledged. Viewed as a whole, the secret intelligence summaries help explain why in May 2009 President Barack Obama, after ordering his own review of wartime intelligence, called America’s experiment at Guantanamo ‘quite simply a mess.’”
Files Dependant on Dubious Informants - McClatchy further claims that the files were “tremendously dependant on informants—both prison camp snitches repeating what they’d heard from fellow captives and self-described, at times self-aggrandizing, alleged al-Qaeda insiders turned government witnesses who Pentagon records show have since been released.” The information in the files is based on other sources, including intelligence documents and some confessions. [McClatchy Newspapers, 4/24/2011] The New York Times similarly comments that “Guantanamo emerges from the documents as a nest of informants, a closed world where detainees were the main source of allegations against one another and sudden recollections of having spotted a fellow prisoner at an al-Qaeda training camp could curry favor with interrogators.” [New York Times, 4/24/2011]
Files Also Based on Torture and Legally Questionable Methods - The files rarely mention the abuse and torture scandals concerning treatment of US prisoners in Guantanamo, in secret CIA prisons, in other overseas US-run prisons, and in prisons run by some US allies where the use of torture was more widespread. However, there are hints. For instance, one file on an Australian man sent to Guantanamo in 2002 mentions that he confessed while “under extreme duress” and “in the custody of the Egyptian government” to training six of the 9/11 hijackers in martial arts. But despite the apparent seriousness of this accusation, he was released in early 2005. Additionally, important prisoners such as Abu Zubaida held in secret CIA prisons were shown photos of Guantanamo prisoners and asked about them around the time they were subjected to waterboarding and other torture methods. The interrogations of Zubaida, who was waterboarded many times (see May 2003), are cited in over 100 prisoner files. However, his accusations against others have been systematically removed from government filings in court cases in recent years, which would indicate that officials are increasingly doubtful about his reliability and/or the legality of his tortured confessions. Also, many foreign officials were allowed to interrogate some prisoners in Guantanamo, including officials from China, Russia, Saudi Arabia, Jordan, Yemen, Kuwait, Algeria, and Tajikistan. Information in some files comes from these legally questionable interrogation sessions. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] One well-known case of torture involved Mohamed al-Khatani, the alleged 20th 9/11 hijacker (see December 2001). While being held in Guantanamo, he was interrogated for months with techniques that the senior Bush administration official in charge of bringing Guantanamo prisoners to trial later said legally met the definition of torture (see August 8, 2002-January 15, 2003 and January 14, 2009). His file says, “Although publicly released records allege detainee was subject to harsh interrogation techniques in the early stages of detention,” his confessions “appear to be true and are corroborated in reporting from other sources.” Claims al-Khatani made regarding 16 other Guantanamo prisoners are mentioned in their files without any caveats about the interrogation methods used on him. [New York Times, 4/24/2011]
Some Prisoners Unjustly Held - Some prisoners appear to be clearly innocent, and yet they often were held for years before being released. Some prisoners are still being held even though their files indicate that their interrogators are not even sure of their identities. In some cases, prisoners were held for years not because they were suspected of any crime, but because it was thought they knew useful information. For instance, files show one prisoner was sent to Guantanamo because of what he knew about the secret service of Uzbekistan. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] In a cruel twist of fate, one man, Jamal al-Harith, appears to have been imprisoned mainly because he had been imprisoned by the Taliban. His file states, “He was expected to have knowledge of Taliban treatment of prisoners and interrogation tactics.” [Guardian, 4/25/2011]
Prisoner Releases Based More on Luck than Evidence - The New York Times claims the determination of which prisoners were released has mostly been a “lottery” that was largely based on which country the prisoner came from. “Most European inmates were sent home, despite grave qualms on the analysts’ part. Saudis went home, even some of the most militant, to enter the rehabilitation program; some would graduate and then join al-Qaeda in the Arabian Peninsula. Yemenis have generally stayed put, even those cleared for release, because of the chaos in their country. Even in clearly mistaken arrests, release could be slow.” [New York Times, 4/24/2011] In 2009, the new Obama administration put together a task force that re-evaluated the 240 prisoners remaining at Guantanamo. However, these more recent assessments remain secret. [New York Times, 4/24/2011]

Entity Tags: WikiLeaks, Jamal al-Harith, US Military, Guantanamo Bay Naval Base, Mohamed al-Khatani, Barack Obama, Abu Zubaida

Timeline Tags: Complete 911 Timeline

In the evening, President Obama meets with his national security team to make final preparations for the raid on Osama bin Laden’s compound in Abbottabad, Pakistan (see March 30-April 19, 2011). Obama meets with four advisers: National Security Adviser Tom Donilon, Deputy National Security Adviser John Brennan, Deputy National Security Adviser Denis McDonough, and chief of staff Bill Daley. As the meeting begins, Obama tells them he has finally given approval for the raid. He says, “It’s a go.” The raid is planned to take place the next day. However, officials warn that because of cloudy weather, the raid probably will be delayed one day to May 1 (which is May 2 in Pakistan). That will turn out to be the case (see May 2, 2011). [New York Times, 5/2/2011; ABC News, 6/9/2011]

Entity Tags: Tom Donilon, Barack Obama, Denis McDonough, John O. Brennan, Osama bin Laden, William Michael (“Bill”) Daley

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Bin Laden’s Abbottabad compound in flames. Apparently, the fires are mainly due to a crashed US helicopter. The picture comes from a neighbor’s cell phone.Bin Laden’s Abbottabad compound in flames. Apparently, the fires are mainly due to a crashed US helicopter. The picture comes from a neighbor’s cell phone. [Source: Reuters] (click image to enlarge)Osama bin Laden is shot and killed inside a secured private residential compound in Abbottabad, Pakistan, according to US government sources. The operation is carried out by US Navy SEAL Team Six, the “Naval Special Warfare Development Group.” The covert operation takes place at 1:00 a.m. local time (+4:30GMT). Two US helicopters from bases in Afghanistan fly low over the compound in Abbottabad, and 30 to 40 SEALs disembark and storm the compound. According to White House sources, bin Laden and at least four others are killed. The team is on the ground for only 40 minutes; most of that time is spent searching the compound for information about al-Qaeda and its plans. The helicopters are part of the 160th Special Ops Air Regiment, itself a detachment from the Joint Special Operations Command (JSOC). The CIA oversees the operation, but the operation is tasked to, and carried out by, Special Forces. When President Obama announces bin Laden’s death, he says: “His demise should be welcomed by all who believe in peace and human dignity. Justice has been done.” Of the soldiers that eliminated bin Laden, and the other military personnel deployed in Iraq, Afghanistan, Libya, and elsewhere, Obama says: “We are reminded that we are fortunate to have Americans who dedicate their lives to protecting ours. We may not always know their names, we may not always know their stories, but they are there every day on the front lines of freedom and we are truly blessed.” The members of Team Six are never identified, and it is unlikely their names will ever be made public. [CNN News, 5/1/2011; ABC News, 5/2/2011] Bin Laden is said to have ordered the 9/11 attacks, among other al-Qaeda strikes against American and Western targets. In a 1997 CNN interview, he declared “jihad,” or “holy war,” against the US. He had been number one on American military and law enforcement “Most Wanted” lists well before the 9/11 attacks. [CNN News, 5/1/2011]

Entity Tags: Osama bin Laden, US Department of the Navy, Obama administration, Al-Qaeda, Leon Panetta, Barack Obama, Bush administration (43), US Naval Special Warfare Development Group, Joint Special Operations Command, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, War in Afghanistan

Osama bin Laden’s killing by US forces on May 2, 2011 (see May 2, 2011) reignites the debate about the usefulness of the torture techniques used by US intelligence. The debate centers on how US intelligence learned about bin Laden’s location and whether the torture of prisoners helped find him.
Courier Provides the Key Lead - According to Obama administration officials, bin Laden was located through US intelligence agencies’ “patient and detailed intelligence analysis” of “a mosaic of sources,” including evidence garnered from detained inmates at Guantanamo Bay. The first clue to bin Laden’s whereabouts came when US intelligence learned of an al-Qaeda courier that worked with bin Laden, Ibrahim Saeed Ahmed, who used the pseudonym “Abu Ahmed al-Kuwaiti.” Ahmed is one of those killed during the Abbottabad raid. US intelligence had known of Ahmed since 2002, after a Kuwaiti detainee told interrogators about him, and it has taken this long for CIA and other intelligence officers to identify him, locate him, track his communications, and then follow him to the large and well fortified compound in Abbottabad.
Do Bush Administration Techniques Deserve Credit? - Some former Bush administration officials, such as former Defense Secretary Donald Rumsfeld and former Justice Department legal adviser John Yoo, claim that the Bush administration and not the Obama administration deserves the credit for finding bin Laden. According to a report in the Christian Science Monitor, “the former director of the CIA’s Counterterrorism Center, Jose Rodriguez, said the first important leads about Kuwaiti came from alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) and Abu Faraj al-Libbi, the third-ranking al-Qaeda leader at the time of his capture.” KSM was repeatedly waterboarded (see March 7 - Mid-April, 2003). [Christian Science Monitor, 5/5/2011] Former Attorney General Michael Mukasey states that the path to bin Laden “began with a disclosure from Khalid Shaikh Mohammed, who broke like a dam under the pressure of harsh interrogation techniques that included waterboarding. He loosed a torrent of information—including eventually the nickname of a trusted courier of bin Laden.” [Wall Street Journal, 5/2/2011]
Rebuttal from CIA Director Panetta - However, according to information in a letter CIA Director Leon Panetta sends to Senator John McCain, these assertions are false or misleading. In the letter, Panetta says: “Nearly 10 years of intensive intelligence work led the CIA to conclude that bin Laden was likely hiding at the compound in Abbottabad, Pakistan. There was no one ‘essential and indispensible’ key piece of information that led us to this conclusion. Rather, the intelligence picture was developed via painstaking collection and analysis. Multiple streams of intelligence—including from detainees, but also from multiple other sources—led CIA analysts to conclude that bin Laden was at this compound. Some of the detainees who provided useful information about the facilitator/courier’s role had been subjected to enhanced interrogation techniques. Whether those techniques were the ‘only timely and effective way’ to obtain such information is a matter of debate and cannot be established definitively. What is definitive is that that information was only a part of multiple streams of intelligence that led us to bin Laden. Let me further point out that we first learned about the facilitator/courier’s nom de guerre from a detainee not in CIA custody in 2002. It is also important to note that some detainees who were subjected to enhanced interrogation techniques attempted to provide false or misleading information about the facilitator/courier. These attempts to falsify the facilitator/courier’s role were alerting. In the end, no detainee in CIA custody revealed the facilitator/courier’s full true name or specific whereabouts. This information was discovered through other intelligence means.” [Washington Post, 5/16/2011]
Officials Says Torture Techinques Played No Role - Also, nine US military interrogators and intelligence officials state in an open letter: “The use of waterboarding and other so-called ‘enhanced’ interrogation techniques almost certainly prolonged the hunt for bin Laden and complicated the jobs of professional US interrogators who were trying to develop useful information from unwilling sources like Khalid Sheikh Mohammed. Reports say that Khalid Shaikh Mohammed and Abu Faraq al-Libi did not divulge the nom de guerre of a courier during torture, but rather several months later, when they were questioned by interrogators who did not use abusive techniques.” [Human Rights First, 5/4/2011]

Entity Tags: Jose Rodriguez, Jr., Khalid Shaikh Mohammed, Obama administration, Osama bin Laden, Leon Panetta, John C. Yoo, Michael Mukasey, Central Intelligence Agency, Ibrahim Saeed Ahmed, Abu Faraj al-Libbi, Donald Rumsfeld, Barack Obama, Al-Qaeda, Bush administration (43)

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]

Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar

Timeline Tags: Torture of US Captives, Domestic Propaganda

Senator Carl Levin (D-MI), chairman of the Senate Armed Services Committee, says that he believes even senior Pakistani officials knew where Osama bin Laden was hidden (see May 2, 2011) and they still know the location of other top militants.
Knowledge at High Levels - Levin says: “At high levels, high levels being the intelligence service… they knew it.… I can’t prove it. [But] I can’t imagine how someone higher up didn’t know it. The thing that astounds me more than anything else is the idea that people in Pakistan higher up in the intelligence service [the ISI] or their police or their local officials didn’t know he was there. I find that difficult to believe.”
Possible Hearings - He says that the Senate Armed Services Committee has started a preliminary investigation into the issue of Pakistan’s possible knowledge of bin Laden’s location before his death, and the committee may hold public hearings on the issue in the future.
Pakistan Shelters Other Militant Leaders - Levin adds that he has “no doubt” that people at the highest levels of Pakistan’s government are protecting others, including top Taliban head Mullah Omar and leaders of the Haqqani network, which is a semi-autonomous part of the Taliban. He says that Omar and others “live openly” in Pakistan. “They cross the border into Afghanistan and kill us. And the Pakistan government knows where they’re at, they’re openly living in north Waziristan. The Pakistan government knows where the so-called Quetta Shura is, which is the Afghan Taliban leadership in Pakistan.”
Denials Predicted - He concludes: “[T]he government of Pakistan is going to continue to say they didn’t know bin Laden was there. It’s kind of hard to believe that higher level people didn’t know, but they’ll continue to say that. But what they won’t say is that they don’t know where the Haqqani terrorists are because they do know, and they’ve told us they know.” [ABC News, 5/5/2011]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Haqqani Network, Carl Levin, Mullah Omar, Pakistan, Taliban, Senate Armed Services Committee, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

CIA Director Leon Panetta tells House members during a secret briefing that the Pakistani government was “either involved or incompetent,” regarding the hiding of Osama bin Laden in Abbottabad for about five years (see May 2, 2011). This is according to two unnamed sources who attend the briefing. [CNN, 5/9/2011]

Entity Tags: Leon Panetta, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The US government selectively releases videos of Osama bin Laden found in the raid that killed him (see May 2, 2011). ABC News reports, “The US government is running a full-court press to prevent Osama bin Laden from becoming a hallowed martyr by using what are essentially out-takes of videos made by bin Laden to paint him instead as a vain, pathetic old man, experts said today.” Excerpts from five videos are made public. The one that attracts the most attention shows bin Laden in his Abbottabad, Pakistan, hidehout, wrapped in a blanket and watching videos of himself on television. He is seen using a remote control to frequently change channels. Author Lawrence Wright comments, “[This is] just a guy who wants to be seen, who wants to be known. [It’s] very pathetic in a way.” [ABC News, 5/9/2011]

Entity Tags: White House, Lawrence Wright, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The Associated Press reports that three active Islamist militant training camps have existed for a long time just 35 miles from Abbottabad, Pakistan, where Osama bin Laden was killed earlier in the month (see May 2, 2011). The camps are in the Ughi area of the Mansehra district, a more mountainous and remote region than Abbottabad. The Associated Press claims to have spoken to many people, even some of the militants in the camps, and has learned the three camps together house hundreds of militants.
Camps Operate with Government Knowledge - The Pakistani military claims to be unaware of any such camps, but villagers near the camp say this is impossible. They point out there even is a military checkpoint on the road to one of the camps. There have been militant camps in the area since the 1990s. One camp attendee says that attendees can take part in a four-week course of basic military skills, or a three-month course on guerrilla warfare. Promising graduates are then sent to the Pakistani part of Kashmir for more training. The camps are very close to Kashmir, a region disputed between Pakistan and India, and most of the camp attendees presumably aim to fight India in Kashmir with Pakistani government approval. But there are inevitably some trained in the camps who get involved with other militant activities and groups instead. [Associated Press, 5/22/2011]
Militant Groups and Bombers Linked to Camps - Radio Free Europe has also claimed that militant groups like Lashkar-e-Toiba and Jaish-e-Mohammed have long been active in the Abbottabad area, “seemingly tolerated by the Pakistani military and intelligence services,” and the Taliban have a strong presence in the area as well. [Radio Free Europe, 5/6/2011] Some of the suicide bombers in the London 7/7 bombings trained in the Mansehra area (see July 2001), and five British Pakistanis found guilty of a 2004 fertilizer bomb plot (see Early 2003-April 6, 2004) trained there too. [London Times, 5/8/2011]
Operational Link between Bin Laden and Nearby Camps? - The militant group Harkat ul-Mujahedeen has training camps in the Mansehra area as well, and Ibrahim Saeed Ahmed, bin Laden’s trusted courier who lived with him in Abbottabad, had numerous Harkat phone numbers in his cell phone that was confiscated in the US raid that killed bin Laden (see June 23, 2011). He also visited a Jaish-e-Mohammed camp in the Mansehra area at some point. [New York Times, 6/23/2011]

Entity Tags: Osama bin Laden, Jaish-e-Mohammed, Pakistan, Taliban, Lashkar-e-Toiba

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The London Times reports that the US Navy SEALS who raided Osama bin Laden’s Abbottabad compound had a pocket guide to the building’s occupants so specific that it mentioned the types of clothes bin Laden usually wore. One copy of the guide was left behind in the raid that killed bin Laden (see May 2, 2011), and the Times was able to obtain it. The guide lists the names of ages of the people living inside the compound, as well as where they live in the compound and when some of them arrived. Photographs of some people are included. The guide is obviously based on recent information. For instance, it mentions twins born this year to bin Laden’s youngest wife. It also states that bin Laden: “Always wears light-colored shawl kameez with a dark vest. Occasionally wears light-colored prayer cap.” The Times comments that the guide raises new questions about the raid. Some experts suggest that it indicates US intelligence had a mole inside the compound, while other experts suggest it simply shows that the US’s data collection in the months before the raid was extremely thorough, and perhaps used technology “far more sophisticated than hitherto realized.” The Times also notes that after the raid, President Obama “said he had been ‘only 45 per cent to 55 per cent sure that bin Laden was even in the compound.’ [But the guide] indicates US intelligence was certain of his presence.” [London Times, 5/23/2011] Shortly after the raid, the Washington Post published a story claiming that US intelligence monitored bin Laden while he took frequent walks in the courtyard of the compound. This guide suggests that story was accurate (see Shortly After August 2010-May 2, 2011).

Entity Tags: Osama bin Laden, US intelligence, Barack Obama

Timeline Tags: Complete 911 Timeline, War in Afghanistan

In response to reported discussions by the Obama administration on the possible issuance of an executive order forcing government contractors to disclose their political contributions (see April 20, 2011), Republicans in the House and Senate introduce legislation that would block such an order. Representative Tom Cole (R-OK) already successfully added a rider to a defense authorization bill that would block the order. Cole says he hopes that the White House will rethink the proposed executive order in light of the opposition from Congressional Republicans. “I am hoping they’re having second thoughts,” he tells a reporter. “This is the executive branch trying to legislate and use a very powerful weapon to do it. And not just legislate, but it is the executive branch trying to intimidate, in my opinion.” In the House, Representatives Cole, Darrell Issa (R-CA), and Sam Graves (R-MO) are sponsoring legislation against the order, while in the Senate, Senators Susan Collins (R-ME), Lamar Alexander (R-TN), Rob Portman (R-OH), and Minority Leader Mitch McConnell (R-KY) are introducing similar legislation. The bills prohibit federal agencies from collecting political information from government contractors as a condition for receiving a government contract. Cole says though his amendment is in the defense bill, he wants to ensure that government contractors are able to keep their political expenditures out of the public eye. “This is one of those things you attack from as many angles and avenues as you possibly can, because it is so important,” he says. “This will get less scrutiny in that process, and it’s a lot easier for Democrats in the Senate to avoid or to kill. A bill is a big statement.” Senate Democrats are likely to vote down the bills. Fred Wertheimer of Democracy 21, an advocacy group that stands for stricter campaign finance laws, says the Republican bills are “continuation[s] of abandonment of campaign finance disclosure by House Republicans, which began last year.” Wertheimer is referring to the DISCLOSE Act, legislation that would have forced outside political groups to disclose their donors, but was blocked by Republicans from coming to a vote (see July 26-27, 2010). Conservative donor organizations such as the US Chamber of Commerce (see January 21-22, 2010, July 26, 2010, August 2, 2010, October 2010, November 1, 2010, and February 10, 2011) support the Republican legislation. The Republican-led House Administration Committee has scheduled a hearing on the draft order. [The Hill, 5/26/2011]

Entity Tags: Obama administration, Darrell E. Issa, DISCLOSE Act of 2010, Fred Wertheimer, Mitch McConnell, US Senate, US Chamber of Commerce, Robert Jones (“Rob”) Portman, Sam Graves, US House of Representatives, Lamar Alexander, Susan Collins, Thomas Jeffery Cole

Timeline Tags: Civil Liberties

Fazul Abdullah Mohammed and associate killed in Somalia 2011. (It is not clear which body is Mohammed’s.)Fazul Abdullah Mohammed and associate killed in Somalia 2011. (It is not clear which body is Mohammed’s.) [Source: Farah Abdi Warsameh / Associated Press]Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), al-Qaeda’s alleged top leader in Eastern Africa, is killed in a shootout at a security checkpoint in Mogadishu, Somalia.
Fazul's Luck Runs Out - Fazul and another militant are driving in of militant-controlled parts Mogadishu at night, and they mistakenly drive up to a checkpoint run by opposing Somali government soldiers. They attempt to drive through the checkpoint, but they are shot and killed by the soldiers before they can escape. The soldiers initially have no idea who he is. But after they search the car and discover $40,000 in cash, several laptop computers, cell phones, and other equipment, they realize he must be an important foreigner. US officials then confirm his identity with a DNA test. A Somali security official says: “This was lucky. It wasn’t like Fazul was killed during an operation to get him. He was essentially driving around Mogadishu and got lost.”
Fazul's importance in East Africa - The US had put a $5 million bounty on Fazul, primarily because he was considered one of the masterminds of the 1998 US embassy bombings. He was also said to have played a key role in a 2002 Kenya bombing that killed fifteen. In addition to his role as long-time regional leader for al-Qaeda, it is said he also was a top field commander for the Shabab, an al-Qaeda-linked Islamist militant group in control of large parts of Somalia. He was involved in bomb attacks, helped raise money in the Arab world for Somali militants, and helped bring many militants from other countries to Somalia. He was from the Comoros Islands in the Indian Ocean. US Secretary of State Hillary Clinton says, “Fazul’s death is a significant blow to al-Qaeda, its extremist allies, and its operations in East Africa.” [New York Times, 6/11/2011]

Entity Tags: Hillary Clinton, Fazul Abdullah Mohammed, Shabab, Al-Qaeda

Timeline Tags: Complete 911 Timeline

A cell phone could link Osama bin Laden to an Islamist militant group with ties to the ISI, Pakistan’s intelligence agency, the New York Times reports. The US military raid that killed bin Laden in his Abbottabad hideout on May 2, 2011 (see May 2, 2011) also killed a courier who had links to Harkat-ul-Mujahedeen, an Islamist militant group in Pakistan with links to the ISI. This suggests that the ISI may have been indirectly linked to bin Laden in his hideout.
Links to Harkat Could Lead to ISI - The cell phone of bin Laden’s trusted courier Ibrahim Saeed Ahmed (also known as Abu Ahmed al-Kuwaiti) was recovered by US forces during the raid. The New York Times reports that senior US officials say the cell phone contains contacts to Harkat-ul-Mujahedeen. This group has long been considered an asset of the ISI. Tracing the phone calls, US intelligence analysts determined Harkat leaders in communication with Ahmed had called ISI officials. One Harkat leader met an ISI official in person. No “smoking gun” showing the ISI protected bin Laden has been found so far. However, the Times says that this raises “tantalizing questions about whether the group and others like it helped shelter and support bin Laden on behalf of Pakistan’s spy agency, given that it had mentored Harkat and allowed it to operate in Pakistan for at least 20 years.”
Harkat Has Strong Local Presence - Harkat is said to have a strong presence in the area around Abbottabad. The group has training camps and other facilities in Mansehra, only a few miles away. Bin Laden’s courier Ahmed appears to have stopped by a camp in Mansehra belonging to a Harkat splinter group, Jaish-e-Mohammed. Members of Harkat are able to move freely within Pakistan. Even now, the group’s top leader, Maulana Fazlur Rehman Khalil, lives openly in the Pakistani capital of Islamabad, about 30 miles away from Abbottabad. Analysts suspect this support network could explain why bin Laden chose to hide where he did. Harkat also has a presence in Pakistan’s tribal region where many al-Qaeda operatives are believed to live, so bin Laden could have used it to send money and messages back and forth to the tribal region.
Harkat 'Very, Very Close to the ISI' - Former CIA officer Bruce Riedel says that Harkat “is one of the oldest and closest allies of al-Qaeda, and they are very, very close to the ISI. The question of ISI and Pakistani Army complicity in bin Laden’s hide-out now hangs like a dark cloud over the entire relationship” between Pakistan and the US. [New York Times, 6/23/2011]

Entity Tags: Jaish-e-Mohammed, Al-Qaeda, Bruce Riedel, Ibrahim Saeed Ahmed, Osama bin Laden, Pakistan Directorate for Inter-Services Intelligence, Maulana Fazlur Rehman Khalil, Harkat ul-Mujahedeen

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Law professor John Yoo, who during his tenure at the Justice Department wrote memos defending torture and the right of the executive branch to conduct its business in secret (see March 1996, September 25, 2001, September 25, 2001, October 4, 2001, October 23, 2001, October 23, 2001, November 2, 2001, November 5, 2001, and November 6-10, 2001), co-authors an article for the far-right American Enterprise Institute that attacks the Obama administration for considering the idea of an executive order to require government contractors to disclose their political contributions (see April 20, 2011 and May 26, 2011). The article, by Yoo and lawyer David W. Marston, is entitled “Overruling Citizens United with Chicago-Style Politics,” a reference to some of the unsavory and often-illegal political machinations undertaken by Chicago Democrats. The article repeatedly compares the Obama administration to the Nixon administration’s attempts to “use the available federal machinery to screw [their] political enemies,” as Yoo and Marston quote from a 1971 Nixon White House memo. Yoo and Marston say that the Obama administration, in an effort to recoup its losses from the Citizens United decision (see January 21, 2010]), “is making an unprecedented assault on free speech” by considering the executive order and by pushing the DISCLOSE Act (see July 26-27, 2010). (Yoo and Marston claim that the DISCLOSE Act, if passed into law, “would have forced all those doing business with the government to give up their ability to participate in the political process, as is their right under the First Amendment, aside from just voting on Election Day.”) They write: “Under the guise of ‘transparency’ and ‘accountability,’ the order curtails constitutionally protected speech rights and opens the door for retaliation against those not supporting the administration politically,” and go on to observe that in their opinion, this “assault on free speech” (see January 21, 2010 and January 22, 2010) is being joined by “the media [and] defenders of free speech.” Yoo and Marston claim that the Founding Fathers intended for corporations and other entities to be able to involve themselves in politics entirely anonymously, citing the example of Alexander Hamilton, John Jay, and James Madison publishing the Federalist Papers under the nom de plume “Publius.” Indeed, Yoo and Marston write, “disclosure of political contributions may be a prelude to the thuggish suppression of political speech by harassment and intimidation,” and they cite the instances of boycotts, vandalism, and death threats against people in California who donated money in support of Proposition 8, which declared gay marriage illegal. “Mandated disclosure of financial support for a political viewpoint can become the springboard for lawless retaliation against citizens for holding unpopular views,” the authors write. “Disclosure” and “transparency,” the “wonder drugs du jour,” are already “being used to silence core First Amendment speech rights and to threaten America’s long protection of anonymous political speech,” they contend, and claim that “thugs” are attempting to use violence and intimidation to nullify the Citizens United decision, force the issuance of the Obama executive order, and push the Federal Election Commission (FEC) to expand disclosure requirements. Only allowing financial donors to remain secret, the authors say, protects their rights to free speech and political involvement. “[D]isclosure invites retaliation,” they argue; only secrecy can protect free speech. The authors even cite a case brought on behalf of the NAACP, in which the organization was allowed to keep its membership lists secret for fear of attacks on its members or their families by white supremacists. [American Enterprise Institute, 7/20/2011] Ian Millhiser, a legal expert for the liberal news Web site Think Progress, angrily rebuts Yoo and Marston’s claims. Millhiser, referencing Yoo’s opinions issued during his stint in the Bush administration, writes, “If there is anyone in the universe who should think twice before criticizing a government lawyer for enabling a president to break the law, it is John Yoo.” He goes on to criticize Yoo’s legal thinking in the article, noting that the Citizens United ruling held that “disclosure could be justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” Millhiser writes: “President Obama’s proposed executive order provides the electorate with information about the sources of election-related spending. So Yoo’s entire argument can be rebutted in exactly two sentences.” After rebutting other portions of Yoo and Marston’s arguments, Millhiser concludes, “Yoo’s defense of corporate America’s power to secretly buy elections is weak even by his own tragically incompetent standards.” [Think Progress, 7/22/2011]

Entity Tags: Ian Millhiser, American Enterprise Institute, DISCLOSE Act of 2010, Federal Election Commission, Nixon administration, US Department of Justice, John C. Yoo, David W. Marston, Obama administration

Timeline Tags: Civil Liberties

In an interview, former counterterrorism “tsar” Richard Clarke says that the CIA purposefully withheld information from him about two future 9/11 hijackers for over a year before September 11. The interview was taped in October 2009, but is released now by documentary makers Ray Nowosielski and John Duffy ahead of a forthcoming podcast entitled “Who Is Rich Blee?” about the intelligence failures before 9/11. Clarke indicates he found out the CIA failed to pass information on to him not long after 9/11, but assumed the information had been honestly missed by a single junior officer. However, when he later learned at at least 50 officers accessed the information, he began to question this theory. (Note: the news that the information was accessed by at least 50 officers broke in August 2007—see Mid-January-March 2000 and August 21, 2007). According to Clarke, information of the sort the CIA had on two of the hijackers, Khalid Almihdhar and Nawaf Alhazmi, was automatically forwarded to him, but he never heard their names before 9/11. Clarke, who admits he cannot prove his allegation that the information was withheld deliberately, says the best explanation he can come up with is that the CIA was attempting to turn the two hijackers into double agents, which is why nobody was told outside the agency. Clarke points out that alleged Saudi intelligence operatives working in the US (see January 15-February 2000 and Spring 2000) who knew the hijackers could have helped with this. Clarke mentions four officials who would have been involved in a decision to withhold information: CIA Director George Tenet, who followed information about al-Qaeda in “microscopic detail,” Counterterrorist Center chief Cofer Black, Alec Station chief Richard Blee, and his deputy Tom Wilshire. Clarke also expresses wonder that the information was not mentioned at a key meeting with National Security Adviser Condoleezza Rice in July 2001 (see July 10, 2001) when Tenet, Black, and Blee were trying to get her to take strong action against al-Qaeda, because what they had on Almihdhar and Alhazmi was the “most persuasive piece of evidence” they had. He also does not understand why the CIA told the FBI in late August 2001 that the two hijackers had entered the country (see August 21-22, 2001). Clarke adds that the CIA presumably did not mention the fact that the two men were in the US at a meeting of high-level officials on September 4, 2001 (see September 4, 2001) because it would have angered Clarke and this would have led to an investigation in CIA “malfeasance and misfeasance” in concealing the information. However, he thinks the US authorities would have caught the hijackers with a “massive sweep” even if he had been told as late as September 4. Clarke also comments that he never asked Tenet and the other CIA officials about what had happened, as the facts became known to him over time. He also says that Tenet, Black, and Blee have got away with what they did, as they were not held to account by the Joint Congressional Inquiry or the 9/11 Commission. [John Duffy and Ray Nowosielski, 8/11/2011; Truthout (.org), 8/11/2011] Tenet, Black, and Blee received an advance copy of the interview and issued a statement in response (see August 3, 2011).

Entity Tags: George J. Tenet, Cofer Black, Tom Wilshire, Richard A. Clarke, Central Intelligence Agency, Ray Nowosielski, John Duffy, Richard Blee

Timeline Tags: Complete 911 Timeline

Investigative journalist Robert Parry speaks at a conference in Heidelberg, Germany concerning the progression of journalism from the 1970s to the present. Parry tells the gathering that American investigative journalism may have hit something of a zenith in the 1970s, with the media exposure of the Pentagon Papers (see March 1971) and the Watergate scandal (see August 8, 1974). “That was a time when US journalism perhaps was at its best, far from perfect, but doing what the Founders had in mind when they afforded special protections to the American press,” he says. “In the 1970s, besides the Pentagon Papers and Watergate, there were other important press disclosures, like the My Lai massacre story and the CIA abuses—from Iran to Guatemala, from Cuba to Chile. For people around the world, American journalism was the gold standard. Granted, that was never the full picture. There were shortcomings even in the 1970s. You also could argue that the US news media’s performance then was exceptional mostly in contrast to its failures during the Cold War, when reporters tended to be stenographers to power, going along to get along, including early in the Vietnam War.” However, those days are long past, Parry notes, and in recent years, American journalism has, he says, gone “terribly wrong.” Parry says that the American press was subjected to an orchestrated program of propaganda and manipulation on a par with what the CIA did in many foreign countries: “Think how the CIA would target a country with the goal of shoring up a wealthy oligarchy. The agency might begin by taking over influential media outlets or starting its own. It would identify useful friends and isolate troublesome enemies. It would organize pro-oligarchy political groups. It would finance agit-prop specialists skilled at undermining and discrediting perceived enemies. If the project were successful, you would expect the oligarchy to consolidate its power, to get laws written in its favor. And eventually the winners would take a larger share of the nation’s wealth. And what we saw in the late 1970s and early 1980s in the United States was something like the behavior of an embattled oligarchy. Nixon’s embittered allies and the Right behaved as if they were following a CIA script. They built fronts; they took over and opened new media outlets; they spread propaganda; they discredited people who got in the way; ultimately, they consolidated power; they changed laws in their favor; and—over the course of several decades—they made themselves even richer, indeed a lot richer, and that, in turn, has translated into even more power.”
Building a Base - Right-wing billionaires such as the Koch brothers (see 1979-1980) and Richard Mellon Scaife, along with Nixon-era figures such as former Treasury Secretary William Simon (a Wall Street investment banker who ran the right-wing Olin Foundation) worked to organize conservative foundations; their money went into funding what Parry calls “right-wing media… right-wing think tanks… [and] right-wing attack groups. Some of these attack groups were set up to go after troublesome reporters.” Parry finds it ironic, in light of the CIA’s interference in the affairs of other nations, that two foreign media moguls, Sun Myung Moon and Rupert Murdoch, were key figures in building and financing this conservative media construct. Some media outlets, such as Fox News (see Summer 1970 and October 7, 1996), were created from scratch, while others, such as the venerable and formerly liberal New Republic, were bought out and taken over by conservatives. When Ronald Reagan ascended to the White House, Parry says, he brought along with him “a gifted team of [public relations] and ad men.” Vice President George H.W. Bush, a former CIA director, enabled access to that agency’s propaganda professionals. And Reagan named William Casey to head the CIA; Casey, a former Nixon administration official, was “obsessed [with] the importance of deception and propaganda,” Parry says. “Casey understood that he who controlled the flow of information had a decisive advantage in any conflict.”
Two-Pronged Attack - Two key sources of information for Washington media insiders were targeted, Parry says: the “fiercely independent” CIA analytical division, whose analyses had so often proven damaging to White House plans when reported, and the “unruly” Washington press corps. Casey targeted the CIA analysts, placing his young assistant, Robert Gates, in charge of the analytical division; Gates’s reorganization drove many troublesome analysts into early retirement, to be replaced with more malleable analysts who would echo the White House’s hard line against “Soviet expansionism.” Another Casey crony, Walter Raymond Jr., worked to corral the Washington press corps from his position on the National Security Council. Raymond headed an interagency task force that ostensibly spread “good news” about American policies in the foreign press, but in reality worked to smear and besmirch American journalists who the White House found troubling. According to Parry, “Secret government documents that later emerged in the Iran-Contra scandal revealed that Raymond’s team worked aggressively and systematically to lobby news executives and turn them against their reporters when the reporters dug up information that clashed with Reagan’s propaganda, especially in hot spots like Central America.” It was easy to discredit female journalists in Central America, Parry says; Raymond’s team would spread rumors that they were secretly having sexual liaisons with Communist officials. Other reporters were dismissed as “liberals,” a label that many news executives were eager to avoid. Working through the news executives was remarkably successful, Parry says, and it was not long before many Washington reporters were either brought to heel or marginalized.
'Perception Management' - Reagan’s team called its domestic propaganda scheme “perception management.” Parry says: “The idea was that if you could manage how the American people perceived events abroad, you could not only insure their continued support of the foreign policy, but in making the people more compliant domestically. A frightened population is much easier to control. Thus, if you could manage the information flows inside the government and inside the Washington press corps, you could be more confident that there would be no more Vietnam-style protests. No more Pentagon Papers. No more My Lai massacre disclosures. No more Watergates.” The New York Times and Washington Post, the newspapers that had led the surge of investigative reporting in the 1970s, were effectively muzzled during the Reagan era; Parry says that the two papers “became more solicitous to the Establishment than they were committed to the quality journalism that had contributed to the upheavals of the 1960s and 1970s.” The same happened at the Associated Press (AP), where Parry had attempted, with limited success, to dig into the Reagan administration’s Central American policies, policies that would eventually crystallize into the Iran-Contra scandal (see May 5, 1987). Few newspapers followed the lead of AP reporters such as Parry and Brian Barger until late 1986, when the Hasenfus air crash provided a news story that editors could no longer ignore (see October 5, 1986). But, Parry says, by the time of the Iran-Contra hearings, few news providers, including the Associated Press, had the stomach for another scandal that might result in another impeachment, particularly in light of the relentless pressure coming from the Reagan administration and its proxies. By June 1990, Parry says he understood “the concept of ‘perception management’ had carried the day in Washington, with remarkably little resistance from the Washington press corps.… Washington journalists had reverted to their pre-Vietnam, pre-Watergate inability to penetrate important government secrets in a significant way.” The process accelerated after 9/11, Parry says: “[M]any journalists reverted back their earlier roles as stenographers to power. They also became cheerleaders for a misguided war in Iraq. Indeed, you can track the arc of modern American journalism from its apex at the Pentagon Papers and Watergate curving downward to that center point of Iran-Contra before reaching the nadir of Bush’s war in Iraq. Journalists found it hard even to challenge Bush when he was telling obvious lies. For instance, in June 2003, as the search for WMD came up empty, Bush began to tell reporters that he had no choice but to invade because Saddam Hussein had refused to let UN inspectors in. Though everyone knew that Hussein had let the inspectors in and that it was Bush who had forced them to leave in March 2003, not a single reporter confronted Bush on this lie, which he repeated again and again right through his exit interviews in 2008” (see November 2002-March 2003, November 25, 2002, December 2, 2002, December 5, 2002, January 9, 2003, March 7, 2003, and March 17, 2003).
The Wikileaks Era and the 'Fawning Corporate Media' - Parry says that now, the tough-minded independent media has been all but supplanted by what former CIA analyst Ray McGovern calls the “Fawning Corporate Media.” This has increased public distrust of the media, which has led to people seeking alternative investigative and reporting methods. Parry comments that much of the real investigative journalism happening now is the product of non-professionals working outside the traditional media structure, such as Wikileaks (see February 15, 2007, 2008, and April 18, 2009). However, the independent media have not demonstrated they can reach the level of influence of institutions like the Washington Post and the New York Times. “[I]f we were assessing how well the post-Watergate CIA-style covert operation worked,” Parry says, “we’d have to conclude that it was remarkably successful. Even after George W. Bush took the United States to war in Iraq under false pretenses and even after he authorized the torture of detainees in the ‘war on terror,’ no one involved in those decisions has faced any accountability at all. When high-flying Wall Street bankers brought the world’s economy to its knees with risky gambles in 2008, Western governments used trillions of dollars in public moneys to bail the bankers out. But not one senior banker faced prosecution.… Another measure of how the post-Watergate counteroffensive succeeded would be to note how very well America’s oligarchy had done financially in the past few decades. Not only has political power been concentrated in their hands, but the country’s wealth, too.… So, a sad but—I think—fair conclusion would be that at least for the time being, perception management has won out over truth. But the struggle over information and democracy has entered another new and unpredictable phase.” [Consortium News, 5/15/2012]

Entity Tags: Fox News, David Koch, Washington Post, William Casey, William Simon, Central Intelligence Agency, Associated Press, The New Republic, Sun Myung Moon, Walter Raymond, Jr, Ronald Reagan, New York Times, George W. Bush, George Herbert Walker Bush, Rupert Murdoch, Robert Parry, Ray McGovern, Robert M. Gates, Olin Foundation, Charles Koch, Richard Mellon Scaife

Timeline Tags: Domestic Propaganda

A federal judge denies the US government’s request (see May 25, 2012) to reconsider her order (see May 16, 2012) blocking enforcement of a law authorizing indefinite military detention, without charge or trial, of anyone, including US citizens arrested in the United States, accused of supporting groups hostile to the United States. Section 1021 of the 2012 National Defense Authorization Act (NDAA—see December 15, 2011) is under review in the case of Hedges v. Obama (see January 13, 2012) and Judge Katherine B. Forrest of the US District Court, New York Southern Division had issued a preliminary injunction enjoining enforcement of the law after finding it unconstitutional.
Controversy over Scope of Detention Authority - The US government had also stated in its request for reconsideration that it was interpreting Forrest’s order as applying only to the plaintiffs in the case. Forrest clarifies in her subsequent Memorandum Opinion and Order that by enjoining enforcement of § 1021(b)(2), the only remaining persons the law can be applied to are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.” This definition of covered persons is the same as the one given in the 2001 Authorization for Use of Military Force, passed by Congress following the September 11 attacks (see September 14-18, 2001). The Supreme Court has only ruled on a narrow range of relevant detention issues; one oft-cited case is Hamdi v. Rumsfeld (see June 28, 2004). Lower courts have produced a variety of opinions, some upholding an expansive view of detention authorities, others challenging it. In § 1021 of the NDAA, Congress asserted that it “affirms” detention authority granted under the AUMF, and does not “expand… the scope of the [AUMF].” Senator Carl Levin (D-MI), during a debate on the NDAA, explained the language in this way: “[W]e make clear whatever the law is. It is unaffected by this language in our bill” (see December 15, 2011). Congress included a separate, broader definition of covered persons in § 1021(b)(2) that potentially covered anyone alleged by the government to have supported groups hostile to the US, including US citizens arrested in the United States. This section is what prompted Hedges to sue, alleging these provisions violated his First and Fifth Amendment rights (see January 13, 2012). Forrest found the bill’s broad and vague provisions for indefinite military detention to be unconstitutional, and Congress’s statement that it was only affirming established law to be “contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning” (see May 16, 2012). [MEMORANDUM OPINION & ORDER: Hedges et al v. Obama 12 Civ. 331 (KBF) affirming preliminary injunction and scope, 6/6/2012]

Entity Tags: US Department of Justice, Katherine B. Forrest, Carl Levin, United States District Court, New York, Southern Division, National Defense Authorization Act of 2012

Timeline Tags: Civil Liberties

According to a poll just released by Dartmouth professor Benjamin Valentino, 63 percent of self-identified Republicans still believe that Iraq under Saddam Hussein possessed weapons of mass destruction when the US invaded in March 2003 (see March 19, 2003). Twenty-seven percent of self-identified independents and 15 percent of self-identified Democrats hold that view. The question was: “Do you believe that the following statement is true or not true? ‘Iraq had weapons of mass destruction when the United States invaded in 2003.’” Reporter Dan Froomkin, commenting on the poll results, writes: “The Bush administration’s insistence that the Iraqi government had weapons of mass destruction and might give them to terrorists was a key selling point in its campaign to take the country to war (see September 30, 2001, 2002-2003, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, October 7, 2002, December 12, 2002, January 2003, January 9, 2003, 9:01 pm January 28, 2003, February 5, 2003, February 8, 2003, March 16-19, 2003, March 21, 2003, March 22, 2003, March 22, 2003, March 23, 2003, March 24, 2003, March 30, 2003, Late March 2003 and After, April 10, 2003, April 20, 2003, Between April 20, 2003 and April 30, 2003, May 28, 2003, May 29, 2003, June 2003, June 1, 2003, June 3, 2003, June 9, 2003, June 11, 2003, July 31, 2003, September 14, 2003, January 22, 2004, and March 24, 2004). It turned out to be untrue.… There is no reality-based argument that Iraq actually had WMD, after extensive searches found none (see 2002-March 2003, 2002, Mid-January 2002, March 22, 2002, May 2002-September 2002, September 2002, Late September 2002, September 24, 2002, September 28, 2002, Before October 7, 2002, December 2002, End of December 2002, December 3, 2002, January 9, 2003, January 28-29, 2003, February 20, 2003, March 7, 2003, March 8, 2003, May 4, 2003, May 25, 2003, May 30, 2003, June 2003, Early June 2003-Mid-June 2003, Between June 3, 2003 and June 17, 2003, Mid-June 2003, Early July 2003, July 11, 2003, July 20, 2003, July 29, 2003, July 30, 2003, August 16, 2003, October 2, 2003, October 2003, November 2, 2003, December 2003, December 2003, December 17, 2003, Mid-January 2004, January 20, 2004, January 23, 2004, January 27, 2004, January 28, 2004, February 8, 2004, and July 9, 2004), but this is hardly the first time many Americans have been certain of something that simply wasn’t true” (see May 14, 2003-May 18, 2003). The 65-question poll was conducted by YouGov from April 26 through May 2, 2012, and surveyed 1,056 respondents. It has a margin of error of plus/minus 3.18 percent. [Valentino, 6/20/2012 pdf file; Jim Lobe, 6/20/2012; Huffington Post, 6/21/2012]

Entity Tags: Dan Froomkin, Saddam Hussein, Benjamin Valentino

Timeline Tags: Iraq under US Occupation

Former Senator Russ Feingold (D-WI) says that the US Supreme Court’s recent summary reversal of a Montana Supreme Court decision to uphold Montana’s ban on corporate political spending (see June 25, 2012) proves that the US Supreme Court is actively working to dismantle representative democracy. Referring to the 2010 Citizens United case that formed the basis for the Court’s recent decision (see January 21, 2010), Feingold says: “This court had one fig leaf left after this one awful decision two years ago.” The justices could claim “they were politically naive or didn’t know what would happen when they overturned 100 years of law on corporate contributions.” But after the American Tradition Partnership decision that reversed the Montana high court, he says, “They have shown themselves wantonly willing to undo our democracy.” Feingold continues: “This is one of the great turning points, not only in campaign finance but also in our country’s history. I believe we’re in a constitutional crisis.” Feingold heads an anti-Citizens United group called Progressives United, which works to raise awareness about the effects of the decisions and to persuade Congress to overturn the decision via legislation. He says the Supreme Court has “clearly become… a partisan arm of corporate America. This is a real serious problem for our democracy. It’s essentially a court that rules in one direction.… [T]his court is no longer perceived as the independent arbiter of the law that the people expect them to be.” A recent study by the Constitutional Accountability Center shows that during the tenure of Chief Justice John Roberts, the US Chamber of Commerce, the nation’s most powerful business lobbying organization (see January 21-22, 2010, June 26-28, 2010, July 26, 2010, August 2, 2010, October 2010, and February 10, 2011), which filed a brief asking the Supreme Court to rule against the Montana high court (see April 30, 2012), has seen victory in 68 percent of the cases in which it has filed briefs, a much higher success record than in earlier years. Feingold wrote an article for the Stanford Law Review claiming that the 2006-2008 rise in small donor contributions spurred corporations and the Supreme Court to create the Citizens United decision (see June 14, 2012). Feingold says: “The corporate interest in America saw the face of democracy, and so what they did was engineer this decision. They used it as an excuse to stop citizen democracy in this country.” Nevertheless, Feingold is confident that grassroots organizations such as Progressives United and efforts in other venues, including Congress and the Obama administration, will eventually see Citizens United overturned. For now, he quotes his campaign finance reform partner, Senator John McCain, who recently said, “I promise you there will be huge scandals” (see March 27, 2012). Feingold says, “There already is a scandal.” [Huffington Post, 6/27/2012]

Entity Tags: Russell D. Feingold, Constitutional Accountability Center, John G. Roberts, Jr, Progressives United, John McCain, Obama administration, US Chamber of Commerce, US Supreme Court

Timeline Tags: Civil Liberties

An artist’s rendition of Adel Abdel Bary tearing up in court.An artist’s rendition of Adel Abdel Bary tearing up in court. [Source: Reuters]Adel Abdel Bary is sentenced to 25 years in prison after pleading guilty to several terror-related counts, including making bomb threats and conspiring to kill American citizens overseas. Bary is the father of Abdel-Majed Abdel Bary, a suspected Islamic State of Iraq (ISIS) militant, originally one of three people thought to be the infamous “Jihadi John” who beheaded journalist James Foley in August 2014. (Authorities will later determine “Jihadi John” to be Briton Mohammed Emwazi.) Adel Abdel Bary admits to being an al-Qaeda spokesman following the bombings of the US embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998). Anas al-Liby and Khalid al-Fawwaz, also accused of being al-Qaeda operatives, were set to appear alongside Adel Abdel Bary in New York in two months’ time. Al-Liby and Fawwaz have pleaded not guilty to their terror charges. [Independent, 9/20/2014; US Department of Justice, 2/6/2015; Washington Post, 2/26/2015]

Entity Tags: Khalid al-Fawwaz, Adel Abdel Bary, Anas al-Liby

Timeline Tags: Complete 911 Timeline

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