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The American Bar Association (ABA)‘s Task Force on Presidential Signing Statements and the Separation of Powers Doctrine issues its final report for its investigation into whether President Bush has exceeded his presidential authority by using signing statements to assert that he can ignore or override laws passed by Congress (see June 4, 2006).
Bush Violating the Constitution - The report concludes that Bush is violating the Constitution by signing a bill and then issuing a signing statement declaring that he will refuse to obey selected sections of that bill. The president’s own belief that a particular provision of a law is unconstitutional carries no legal weight, and gives him no right to ignore or disobey that provision, the task force finds. The Constitution gives presidents only two options: veto a bill, or sign it and enforce it. “The president’s constitutional duty is to enforce laws he has signed into being, unless and until they are held unconstitutional by the Supreme Court,” the report reads. “The Constitution is not what the president says it is.”
De Facto Line-Item Veto - Signing statements as used by Bush and earlier presidents (see 1984-1985, August 23, 1985 - December 1985, October 1985, February 6, 1986 and After, and November 1993) are evolving into a kind of back-door line-item veto, which the Constitution does not grant presidents—especially when Congress cannot override it. “A line-item veto is not a constitutionally permissible alternative,” the report reads, “even when the president believes that some provisions of a bill are unconstitutional. A president could easily contrive a constitutional excuse to decline enforcement of any law he deplored, and transform his qualified veto into a monarch-like absolute veto.”
Bringing the Presidency Back into Alignment - Over 150 newspaper editorial boards, columnists, and cartoonists quickly endorse the ABA’s call to end the abuse of signing statements. Some critics of the ABA report say that, in attempting to avoid singling out Bush for criticism, the task force failed to address the root issue behind the signing statements—the unitary executive theory espoused by the administration (see April 30, 1986). Instead of asking that signing statements themselves be ended, some critics say, the Bush administration’s attempts to usurp other branches’ power for the presidency must be curbed. Law professor Laurence Tribe calls the Bush administration “pathological power holders” and “misfits” who are abusing a valid presidential tool. Task force member Mickey Edwards, a former Republican congressman, says the fundamental issue is to bring the presidency back into proper alignment with the other two branches. “It’s not about Bush, it’s about what should be the responsibility of a president,” he says. “We are saying that the president of the United States has an obligation to follow the Constitution and exercise only the authority the Constitution gives him. That’s a central tenet of American conservatism—to constrain the centralization of power.” [American Bar Association, 7/23/2006 pdf file; Savage, 2007, pp. 245-247]

Entity Tags: George W. Bush, ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, Bush administration (43), Mickey Edwards, Laurence Tribe, American Bar Association

Timeline Tags: Civil Liberties

The Pew Center for the People and the Press finds that 34 percent of Republicans consistently watch Fox News, while 20 percent of Democrats do so. These numbers are generally consistent with study results from two years before (see June 8, 2004). [Jamieson and Cappella, 2008, pp. 237]

Entity Tags: Pew Center for the People and the Press, Fox News

Timeline Tags: Domestic Propaganda

The US and UN finally officially designates the Philippines and Indonesian branches of the International Islamic Relief Organization (IIRO) as a financier of terrorism. Abdul Al-Hamid Sulaiman Al-Mujil, executive director of the IRRO’s far east division, is similarly designated as well. The IIRO is a major charity connected to the Saudi government that has long been suspected of financing Islamic militant groups (see January 1996). It was reported shortly after 9/11 that the US left the IIRO off a list of designated terrorism financiers so as to not embarrass the Saudi government (see October 12, 2001). The Philippine IIRO branch in particular has been publicly accused of funding al-Qaeda since the mid-1990s, due to the activities of Mohammed Jamal Khalifa, bin Laden’s brother-in-law who headed that branch when he funded the Bojinka plot in the early 1990s (see 1987-1991). [Associated Press, 8/3/2006; Manila Times, 12/12/2006] A US Treasury Department press release says Al-Mujil has been nicknamed the “million dollar man” for his “long history of providing support to terrorist organizations.” He is accused of funding the Abu Sayyaf group in the Philippines and Jemaah Islamiyah in Indonesia. He is said to have had relationships with bin Laden and Khalid Shaikh Mohammed. The press release also calls “a senior al-Qaeda member” and accuses the current director of the IIRO’s Philippine branch, Abd al-Hadi Daguit, “a trusted associate of Khalifa.” But curiously, Khalifa himself is still not officially listed, nor is Daguit. He will die in mysterious circumstances several months later. [Treasury Department, 8/3/2006]

Entity Tags: Abu Sayyaf, US Department of the Treasury, Osama bin Laden, Khalid Shaikh Mohammed, Al-Qaeda, International Islamic Relief Organization, Abd al-Hadi Daguit, Abdul Al-Hamid Sulaiman Al-Mujil, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Cover of ‘The Shadow Party.’Cover of ‘The Shadow Party.’ [Source: Brazos Bookstore]Authors David Horowitz and Richard Poe publish a book titled The Shadow Party: How George Soros, Hillary Clinton, and Sixties Radicals Seized Control of the Democratic Party, that purports to prove Jewish billionaire George Soros, who finances progressive and Democratic Party causes, is in reality a Nazi collaborator and anti-Semite. However, the book is riddled with doctored quotes, misinformation, factual errors, and outright lies. Progressive media watchdog Web site Media Matters notes that the book relies on long-discredited accusations from the authors’ “Front Page Magazine” Web site, from their articles on conservative Web publications such as WorldNetDaily and NewsMax, and on unsourced allegations from political extremist Lyndon LaRouche and his followers, who have called Soros a “Nazi beast-man” and a “small cog in Adolf Eichmann’s killing machine,” aiding “the Holocaust against 500,000 Hungarian Jews.” Media Matters calls the book “a new low in the long-running Republican Party and conservative movement campaign of scurrilous personal attacks against Soros, a major supporter of progressive causes in the US and abroad.” The organization also notes that the Web sites used in the book’s research are largely funded by conservative billionaire Richard Mellon Scaife, and Scaife-owned newspapers such as the Pittsburgh Tribune-Review have promoted the book. Media Matters documents numerous issues of doctored quotes and falsified claims in the book. [Media Matters, 8/2/2006]

Entity Tags: Richard Mellon Scaife, David Horowitz, Hillary Clinton, George Soros, Richard Poe, Lyndon LaRouche

Timeline Tags: Domestic Propaganda

Judge Reggie Walton issues a court order that withholds certain “extremely sensitive” classified documents from the Lewis Libby defense team. Walton writes that he “carefully reviewed” the requests from special counsel Patrick Fitzgerald and from the CIA to withhold the documents. The documents were provided to him ex parte and in camera, and Walton determined that they were irrelevant to the Libby defense efforts. Walton writes that the documents are “extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States.” Walton has previously allowed other classified documents to be provided to Libby, and the CIA has provided documents requested by Libby that Walton has released to the defense (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006. February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, and June 2, 2006). Many of the documents provided to Libby are redacted versions or summaries of the classified documents he viewed during his morning intelligence briefings. [MSNBC, 8/18/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes of Walton’s decision: “That there is material so sensitive in this case that Libby is not entitled to it at all… speaks volumes to me in terms of what was endangered by him and Karl Rove opening their yaps in order to exact some political payback and CYA for Dick Cheney and the Bush administration. Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses’ *sses for lying the nation into war? Now THAT is unpatriotic.” [Christy Hardin Smith, 8/19/2006]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Christy Hardin Smith, Reggie B. Walton, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Former 9/11 Commission co-chair Lee Hamilton.Former 9/11 Commission co-chair Lee Hamilton. [Source: CBC]Lee Hamilton, the former co-chair of the 9/11 Commission, gives a wide-ranging interview to the CBC about Without Precedent, a book he recently co-authored about his time on the 9/11 Commission (see August 15, 2006). In the interview he discusses the various “conspiracy theories” surrounding the events of 9/11. The interviewer, Evan Solomon, mentions to him a recent Zogby poll (see May 17, 2006) that found that 42% of Americans agreed that “the US government, and its 9/11 Commission, concealed or refused to investigate critical evidence that contradicts the official explanation of September 11th.” Hamilton calls this lack of trust in the Commission’s report “dispiriting,” but attacks the “conspiracy theory people,” saying, “when they make an assertion they do it often on very flimsy evidence.” He addresses some of the various “conspiracy theories” that have been put forward about 9/11:
bullet In order to contradict the allegation that the Twin Towers were brought down deliberately with pre-planted explosives, Hamilton says the WTC collapsed (see 8:57 a.m. September 11, 2001) because “the super-heated jet fuel melted the steel super-structure of these buildings and caused their collapse.” He adds, “There’s a powerful lot of evidence to sustain that point of view, including the pictures of the airplanes flying into the building.”
bullet With regard to the collapse of WTC Building 7 (see (5:20 p.m.) September 11, 2001), which some people claim was also caused by explosives, he argues, “[W]e believe that it was the aftershocks of these two huge buildings in the very near vicinity collapsing. And in the Building 7 case, we think that it was a case of flames setting off a fuel container, which started the fire in Building 7, and that was our theory on Building 7.” However, the interviewer points out that the 9/11 Commission’s final report does not actually mention the collapse of Building 7, and Hamilton says he does not recall whether the Commission made a specific decision to leave it out.
bullet In reply to a question about why the debris of Building 7 were moved quickly from the scene without a thorough investigation, even though nobody died in Building 7 and there was no need for rescue operations there, Hamilton responds, “You can’t answer every question when you conduct an investigation.”
bullet When asked whether Saeed Sheikh sent Mohamed Atta $100,000 for the 9/11 plot (see Early August 2001 and Summer 2001 and before), Hamilton replies, “I don’t know anything about it.” When the interviewer presses him about whether the Commission investigated a possible Pakistani Secret Service (ISI) connection to the attacks, Hamilton replies, “They may have; I do not recall us writing anything about it in the report. We may have but I don’t recall it.”
bullet Asked about Secretary of Transportation Norman Mineta’s claim that Vice President Dick Cheney was in the presidential bunker beneath the White House at 9:20 a.m. on 9/11 (see (Between 9:20 a.m. and 9:27 a.m.) September 11, 2001), almost 40 minutes earlier than the Commission claimed he had arrived there, Hamilton replies, “I do not recall.” When pressed, he expands, “Well, we think that Vice President Cheney entered the bunker shortly before 10 o’clock. And there is a gap of several minutes there, where we do not really know what the Vice President really did. There is the famous phone call between the President and the Vice President. We could find no documentary evidence of that phone call.”
bullet When the interviewer points out that Richard Clarke’s account conflicts with the Commission’s over what time authorization was received from Dick Cheney to shoot down Flight 93 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001 and (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001), Hamilton retorts, “Look, you’ve obviously gone through the report with a fine-toothed comb, you’re raising a lot of questions—I can do the same thing.”
The interviewer also asks Hamilton whether he has any unanswered questions of his own about 9/11. Hamilton’s response is: “I could never figure out why these 19 fellas did what they did. We looked into their backgrounds. In one or two cases, they were apparently happy, well-adjusted, not particularly religious - in one case quite well-to-do, had a girlfriend. We just couldn’t figure out why he did it. I still don’t know.” [Canadian Broadcasting Corporation, 8/21/2006]

Entity Tags: Saeed Sheikh, World Trade Center, Richard (“Dick”) Cheney, Pakistan Directorate for Inter-Services Intelligence, Lee Hamilton, 9/11 Commission, Richard A. Clarke, Mohamed Atta, Norman Mineta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: 2001 Anthrax Attacks

Mohamad Farik Amin.Mohamad Farik Amin. [Source: FBI]The US temporarily closes a network of secret CIA prisons around the world and transfers the most valuable prisoners to the US prison in Guantanamo, Cuba, for eventual military tribunals. The prison network will be reopened a short time later (see Autumn 2006-Late April 2007). There were reportedly fewer than 100 suspects in the CIA prisons; most of them are apparently sent back to their home countries while fourteen are sent to Guantanamo. All fourteen have some connection to al-Qaeda. Seven of them reportedly had some connection to the 9/11 attacks. Here are their names, nationalities, and the allegations against them.
bullet Khalid Shaikh Mohammed (KSM) (Pakistani, raised in Kuwait). He is the suspected mastermind of 9/11 attacks and many other al-Qaeda attacks. A CIA biography of KSM calls him “one of history’s most infamous terrorists.”
bullet Mustafa Ahmed al-Hawsawi (Saudi). He allegedly helped finance the 9/11 attacks.
bullet Hambali (Indonesian). He attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and is accused of involvement in many other plots, including the 2002 Bali bombings (see October 12, 2002).
bullet Khallad bin Attash (a.k.a. Tawfiq bin Attash) (Yemeni). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and had a role in other plots such as the 2000 USS Cole bombing (see October 12, 2000).
bullet Ali Abdul Aziz Ali (Pakistani, raised in Kuwait). He allegedly helped finance the 9/11 attacks and arranged transportation for some hijackers. His uncle is KSM.
bullet Ramzi bin al-Shibh (Yemeni). A member of the Hamburg al-Qaeda cell with Mohamed Atta and other 9/11 hijackers. The CIA calls him the “primary communications intermediary” between the hijackers and KSM. He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
bullet Abd al-Rahim al-Nashiri (Saudi). He is said to have been one of the masterminds of the USS Cole bombing (see October 12, 2000). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
The remaining seven suspects are alleged to have been involved in other al-Qaeda plots:
bullet Abu Zubaida (Palestinian, raised in Saudi Arabia). He is said to be a facilitator who helped make travel arrangements for al-Qaeda operatives. He is also alleged to have organized a series of planned millennium attacks.
bullet Ahmed Khalfan Ghailani (Tanzanian). He was indicted for a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He is also said to be an expert document forger.
bullet Majid Khan (Pakistani). He lived in the US since 1996 and is said to have worked with KSM on some US bomb plots (see March 5, 2003).
bullet Abu Faraj al-Libbi (a.k.a. Mustafa al-‘Uzayti) (Libyan). He allegedly became al-Qaeda’s top operations officer after KSM was captured.
bullet Mohamad Farik Amin (a.k.a. Zubair) (Malaysian). He is a key Hambali associate and was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) (Malaysian). He is a key Hambali associate. He is accused of providing funds for the 2003 bombing of the Marriott hotel in Jakarta, Indonesia (see August 5, 2003). He was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Gouled Hassan Dourad (Somali). He allegedly scouted a US military base in Djibouti for a planned terrorist attack.
The fourteen are expected to go on trial in 2007. [Knight Ridder, 9/6/2006; Central Intelligence Agency, 9/6/2006; USA Today, 9/7/2006]

Entity Tags: Majid Khan, Mustafa Ahmed al-Hawsawi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Ramzi bin al-Shibh, Hambali, Gouled Hassan Dourad, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Khallad bin Attash, Abu Zubaida, Ali Abdul Aziz Ali, Central Intelligence Agency, Ahmed Khalfan Ghailani, Khalid Shaikh Mohammed

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

Bush acknowledging the secret CIA prison network.Bush acknowledging the secret CIA prison network. [Source: Gerald Herbert / Associated Press]In a speech, President Bush acknowledges a network of secret CIA prisons and announces plans to try 14 top al-Qaeda terrorist suspects in military tribunals. [Knight Ridder, 9/6/2006]
Admits Existence of Detainees in CIA Custody - Bush tells his listeners: “In addition to the terrorists held at Guantanamo, a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.… Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged.… We knew that Abu Zubaida (see March 28, 2002) had more information that could save innocent lives, but he stopped talking.… As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures… The procedures were tough, and they were safe, and lawful, and necessary.… These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used—I think you understand why.” Bush then adds that Zubaida “began to provide information on key al-Qaeda operatives, including information that helped us find and capture more of those responsible for the attacks on September 11” (see June 2002). Another high-value detainee, 9/11 planner Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), provided “many details of other plots to kill innocent Americans” (see March 7 - Mid-April, 2003 and August 6, 2007). [Vanity Fair, 12/16/2008; New York Review of Books, 3/15/2009] The 14 prisoners will be put on trial as soon as Congress enacts the Military Commissions Act (MCA—see October 17, 2006), which he is sending to Congress for its approval today. [Savage, 2007, pp. 308-309]
Political Reasons to Acknowledge CIA Prisons - The US government has never officially acknowledged the existence of the CIA prisons before, despite numerous media accounts about them. Bush’s speech comes less than two months before midterm Congressional elections and also comes as the White House is preparing new legislation to legalize the CIA’s detention program and shield US officials from prosecution for possible war crimes. Knight Ridder comments that the speech “appeared to be intended to give him more leverage in his negotiations with Congress over how to try suspected terrorists.… In addition to the potential political benefits, Bush had other reasons to make the program public. A Supreme Court ruling in June struck down the administration’s plan to bring terrorist suspects before military tribunals and called into question the legality of secret CIA detentions.” [Knight Ridder, 9/6/2006]
Sites Closed Down? - Other administration officials say the CIA prison network has been closed down, at least for the time being. (In fact, it will be reopened a short time later (see Autumn 2006-Late April 2007).) Reportedly, “fewer than 100” suspects had ever been in CIA custody. It is not known who they were or what happened to all of them, but most of them reportedly were returned to their home countries for prosecution. Fourteen “high-value” suspects, including accused 9/11 mastermind Khalid Shaikh Mohammed, were transferred from the secret CIA prisons to the prison in Guantanamo, Cuba in the days just prior to Bush’s speech (see September 2-3, 2006).
Torture is 'against [US] Values' - Bush says: “I want to be absolutely clear with our people and the world: The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it—and I will not authorize it.” However, he says the Geneva Conventions’ prohibition against “humiliating and degrading treatment” could potentially cause legal problems for CIA interrogators. Other administration officials say harsh interrogation techniques such as waterboarding were used in the CIA prisons. Such techniques are considered by many to be forms of torture. Bush claims that information gleaned from interrogations in the secret prisons helped thwart attacks on the US and provided valuable information about al-Qaeda operations around the world. [Knight Ridder, 9/6/2006; Washington Post, 9/7/2006]

Entity Tags: Geneva Conventions, Central Intelligence Agency, George W. Bush, Military Commissions Act, Abu Zubaida, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Shortly after 14 high-ranking al-Qaeda prisoners are transferred from secret CIA prisons to the US-controlled Guantanamo prison in Cuba (see September 2-3, 2006), the International Committee of the Red Cross is finally allowed to interview them. The prisoners include 9/11 mastermind Khalid Shaikh Mohammed, Ramzi bin al-Shibh, Hambali, and Abu Zubaida. The Red Cross has a policy of not publicizing or commenting its findings. However, some US officials are shown the report on the interviews with these prisoners and apparently some of these officials leak information to the New Yorker about one year later. The New Yorker will report, “Congressional and other Washington sources familiar with the report said that it harshly criticized the CIA’s practices. One of the sources said that the Red Cross described the agency’s detention and interrogation methods as tantamount to torture, and declared that American officials responsible for the abusive treatment could have committed serious crimes. The source said the report warned that these officials may have committed ‘grave breaches’ of the Geneva Conventions, and may have violated the US Torture Act, which Congress passed in 1994. The conclusions of the Red Cross, which is known for its credibility and caution, could have potentially devastating legal ramifications.” [New Yorker, 8/6/2007]

Entity Tags: Ahmed Khalfan Ghailani, Mustafa Ahmed al-Hawsawi, Ramzi bin al-Shibh, Khallad bin Attash, Abd al-Rahim al-Nashiri, Abu Zubaida, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Central Intelligence Agency, Majid Khan, International Committee of the Red Cross, Abu Faraj al-Libbi, Hambali, Gouled Hassan Dourad

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

A bipartisan Senate report finds that no credible evidence of any links between al-Qaeda and Saddam Hussein’s government ever existed, despite repeated and insistent claims by the White House and its allies (see Early 1995), March-June 1998, (2:40 p.m.) September 11, 2001, Shortly After September 11, 2001, September 18, 2001, September 19, 2001, September 21, 2001, October 27, 2001, 2002, February 6, 2002, March 22, 2002, July 25, 2002, September 12, 2002, September 15, 2002, September 25, 2002, October 1, 2002, October 2, 2002, October 7, 2002, October 7, 2002, December 2, 2002, Mid-January 2003, January 26, 2003, January 28, 2003, January 28, 2003, February 1, 2003-February 4, 2003, February 5, 2003, February 5, 2003, February 6, 2003, February 8, 2003, February 9, 2003, February 11 or 12, 2003, February 16, 2003, March 9, 2003, March 17, 2003, March 17-18, 2003, Shortly After April 9, 2003, July 9, 2003, September 7, 2003, September 14, 2003-September 17, 2003, September 28, 2003, December 17, 2003, January 8, 2004, January 9, 2004, Early June 2004, June 14, 2004, June 15, 2004, June 15, 2004, October 4, 2004, May 2005, October 2005, (2006), January 31, 2006, March 29, 2006, and September 10, 2006). Panel Democrats say that the White House knew the intelligence surrounding its claims of such links was flawed and unreliable.
Tenet Admitted to Giving in to Pressure - They note that in July former CIA Director George Tenet told the panel that the White House pressured him to support its arguments and that he agreed despite the findings of his own analysts. “Tenet admitted to the Intelligence Committee that the policymakers wanted him to ‘say something about not being inconsistent with what the president had said,’” says Intelligence Committee member Carl Levin (D-MI). Such compliance was, in hindsight, “the wrong thing to do,” Tenet added, according to Levin. “Well, it was much more than that,” Levin says. “It was a shocking abdication of a CIA director’s duty not to act as a shill for any administration or its policy.” Tenet also admitted that he erred in issuing a statement after President Bush’s October 7, 2002 speech saying that Bush’s claims were consistent with CIA findings (see October 7, 2002).
Republicans Say Report Just 'Election-Year Politicking' - Republican committee members insist that there is little new information about prewar intelligence or claims about Iraq’s links to terrorism. Ranking committee member Pat Roberts (R-KS) accuses Levin and other Democrats of trying to “use the committee… insisting that they were deliberately duped into supporting the overthrow of Saddam Hussein’s regime.… That is simply not true, and I believe the American people are smart enough to recognize election-year politicking when they see it.” Democrats retort that the report speaks for itself.
Impeachment Not Warranted - However, committee Democrats such as John Rockefeller (D-WV) say that the report does not prove any criminal behavior from Bush or his top officials, and say that impeachment of Bush or anyone else is not warranted.
Hussein Opposed to US Policies - An FBI summary quoted in the report shows Hussein acknowledging that his government had met with al-Qaeda leader Osama bin Laden, but denying any collusion. Hussein said he opposed only US policies, and added that “if he wanted to cooperate with the enemies of the US, he would have allied with North Korea or China,” according to the FBI summary.
Other Portions of Report - Other sections of the report find that no evidence existed to support claims that Iraq was reconstituting its nuclear program (see February 7, 2001, February 12, 2001, November 14, 2001, May 2002-September 2002, September 9, 2002, January 9, 2003, March 8, 2003, May 25, 2003, and May 30, 2003), had possessed biological weapons in 2003 (see 2002, 2002-March 2003, Mid-January 2002, March 22, 2002, August 2002, September 2002, September 24, 2002, December 2002, End of December 2002, January 9, 2003, and March 7, 2003), used the Salman Pak facility to train Islamist terrorists (see September 8, 2006), or that Iraqi officials met with 9/11 hijacker Mohamed Atta in the months before the 9/11 attacks (see September 8-10, 2006). The report also finds that the White House relied heavily on false intelligence from Ahmed Chalabi and the Iraqi National Congress (see After August 2, 1989, (1994), January 1996, November 6-8, 2001, Between February 12, 2002 and March 31, 2002, Between February 12, 2002 and March 31, 2002, Summer 2002, and June 26, 2002). [Senate Intelligence Committee, 9/8/2006 pdf file; Associated Press, 9/9/2006]

Entity Tags: Iraqi National Congress, Bush administration (43), Ahmed Chalabi, Carl Levin, George J. Tenet, Saddam Hussein, Central Intelligence Agency, Osama bin Laden, Pat Roberts, Senate Intelligence Committee, John D. Rockefeller, Mohamed Atta

Timeline Tags: Iraq under US Occupation

A League of the South member at a 2008 political rally. This member is wearing a button supporting the candidacy of Ron Paul (R-TX). The sign behind the supporter calls the NAACP a “racist” organization.A League of the South member at a 2008 political rally. This member is wearing a button supporting the candidacy of Ron Paul (R-TX). The sign behind the supporter calls the NAACP a “racist” organization. [Source: Indyweek]Former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration, is the keynote speaker at a fundraiser for a conservative organization, Americans Have Had Enough!, that lists him as its honorary chairman. Tancredo’s appearance is part of his longshot campaign for the 2008 Republican presidential nomination. The event is promoted by a neo-Confederate group, the League of the South (LOS), as being its primary sponsor. On its Web site, the LOS announces: “Congressman Tom Tancredo will be our guest. Join us at the State Museum for two hours of vital information, fellowship, and good food.” The site identifies LOS liaison Lourie Salley as the event’s information contact. The room at the museum was rented by neo-Confederate activist Richard T. Hines, a member of LOS and the openly racist Council of Conservative Citizens. Tancredo speaks from a podium draped with a Confederate battle flag, and men dressed in period Confederate battle uniforms are among the audience. Even the catering was done by Piggie Park restaurant chain owner Maurice Bessinger, a prominent LOS member who sells books defending slavery. During his speech, Tancredo speaks sharply about illegal immigrants and what he calls “the cult of multiculturalism.” He also decries those whom he says deny the “Christian principles enshrined in the US Constitution.” At the end of the speech, men in Confederate uniforms sing the Confederate anthem “Dixie,” and Tancredo joins in with the singing, though one reporter later writes that Tancredo seems “confused” by the singing of the song, and leaves the podium either during the song or shortly thereafter. After the event, Tancredo meets and confers with a number of LOS members on the steps of the museum, some of whom are dressed as Confederates. He displays some of the materials being distributed at the fundraiser, including a copy of the The Citizen’s Informer, the Council of Conservative Citizens’ newspaper. Tancredo later denies knowing anything about the history of the newspaper. After Tancredo’s appearance at the event is publicized, Tancredo spokesman Carlos Espinoza denies that the LOS had any connection with the event, calling the organization “a very racist and horrible group that is desperately trying to seem relevant by attaching themselves to an event that they had nothing to do with.” Espinoza goes on to defend neo-Confederates, claiming: “These aren’t racist people who spew out hate. These are just people remembering and cherishing their past.” Five days after the event, a group of 40 black churches joins with the Latino clergy group Confianza to condemn Tancredo’s appearance. Reverend Steven Dewberry says: “To join in singing ‘Dixie,’ to walk into a room that has a huge Confederate flag in it, that should have been his notice to walk out. Their [Confederate] past is our anguish, our slavery, our lynchings.” [Southern Poverty Law Center, 9/12/2006; Southern Poverty Law Center, 12/2006]

Entity Tags: League of the South, Carlos Espinoza, Americans Have Had Enough!, Confianza, Council of Conservative Citizens, Maurice Bessinger, Steven Dewberry, Richard T. Hines, Tom Tancredo, Lourie Salley

Timeline Tags: Domestic Propaganda

Two simultaneous suicide attacks on oil and gas installations in Yemen fail. The Safer refinery in Marib and the al-Dhabba terminal in Hadramout are attacked by four suicide bombers with car bombs, but Yemeni security forces blow the cars up just before they reach their targets. The four suicide bombers and one security guard are killed. The attacks come just a few days after al-Qaeda number two leader Ayman al-Zawahiri called for attacks on oil facilities in the Persian Gulf region. A Yemeni court later sentences 32 men to between two and 15 years in jail for their roles in the attacks. Three of them are alleged al-Qaeda operatives tried in absentia who escaped from prison earlier in 2006 (see February 3, 2006). [BBC, 11/7/2007] Anwar al-Awlaki, an imam for several of the 9/11 hijackers while they lived in the US, was arrested in Yemen earlier in the month (see Early September 2006-December 2007). He allegedly also has a role preparing for the foiled attacks. [Australian, 11/3/2006; Australian, 11/4/2006] The attempted attacks also come just days before Yemen’s presidential elections. Yemeni President Ali Abdallah Saleh, in power since 1978, quickly uses the attacks to criticize his opponent, because one of the opponents’ guards was accused of being involved. The guard is later acquitted. Saleh wins reelection. [New York Times, 3/1/2008] In 2008, one anonymous senior Yemeni official will tell the Washington Post that some important al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. [Washington Post, 5/4/2008]

Entity Tags: Anwar al-Awlaki, Ayman al-Zawahiri, Al-Qaeda, Ali Abdallah Saleh

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline

Judge Reggie Walton issues an order on the use of classified evidence in the Lewis Libby perjury and obstruction trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, and August 18, 2006). The order is largely procedural, acknowledging the deep divisions between the prosecution and the defense on the issue, and concluding “that the Federal Rules of Evidence and the restrictions they impose control whether information subject to CIPA [Classified Information Procedures Act] proceedings is admissible during a trial.” The order indicates that Walton is inclined to find at least somewhat in favor of the defense and may order many of the classified materials requested by the Libby defense team to be presented as evidence, leading the Associated Press to report “a victory to the defense” in the ruling. Walton also reminds prosecutor Patrick Fitzgerald that if his concerns about a possible breach of national security are that strong, he is free to stop the disclosure of classified information by dropping the charges against Libby (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [US District Court for the District of Columbia, 9/21/2006 pdf file; MSNBC, 9/21/2006; Associated Press, 9/21/2006]

Entity Tags: Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Former Nixon White House counsel John Dean is troubled by the Military Commissions Act (MCA) (see October 17, 2006) currently under consideration in Congress. The MCA authorizes military tribunals instead of criminal court trials for suspected terrorists. Dean supported the idea of tribunals when they were first suggested in 2001, but, he writes: “[T]he devil… arrived later with the details. It never occurred to me (and most people) that Bush & Co. would design a system more befitting a totalitarian state than a democratic nation that once led the world by its good example.” After a previous tribunal procedure was struck down by the Supreme Court (see June 30, 2006), Bush sent another proposal to Congress in early September. Where the bill did not actively rewrite the Court’s findings, it ignored them altogether, Dean writes. Dean finds the law a stunning reversal of decades—centuries, in some instances—of US jurisprudence and international law, including its dismissal of Geneva protections, its retroactive protection for US officials who may have tortured detainees, and its dismissal of habeas corpus rights for detainees. Dean calls the proposed legislation “shameful,” and writes: “This proposal… is going to tell us a great deal about where we are as a nation, for as General [Colin] Powell said, ‘The world is beginning to doubt the moral basis of our fight against terrorism. To redefine [the Geneva Conventions] would add to those doubts.’ As will amending the war crimes law to absolve prior wrongs, denying detainees ‘a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples,’ and enacting a law that insults the Supreme Court.” [FindLaw, 9/22/2006]

Entity Tags: US Supreme Court, Bush administration (43), Military Commissions Act, Colin Powell, Geneva Conventions, John Dean

Timeline Tags: Civil Liberties

Judge Reggie Walton holds a hearing with prosecutors for special counsel Patrick Fitzgerald and representatives from Lewis Libby’s defense team on the issue of “graymail,” which Fitzgerald has alleged is a tactic being employed by Libby’s team (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). “Graymail” is the attempt by one side in a court proceeding to derail the proceeding by insisting on the use of classified materials as evidence, and demanding mistrials or dropped charges if and when those classified materials are disallowed. Libby’s lawyers have privately and publicly implied that they will reveal national security secrets if the case actually goes to trial. The hearing, which is delayed because of a bomb threat, is the first of several hearings to be held on the subject. Fitzgerald wants to curtail the introduction of classified documents during the trial, while Libby’s lawyers want to introduce reams of classified documents into evidence (see May 10, 2006). Fitzgerald has argued repeatedly that many of the classified documents requested by Libby are irrelevant to the case at hand. Libby wants to introduce a number of highly classified presidential briefings to show his heavy and varied workload, as support for his defense that he was too overworked to testify accurately before the FBI (see October 14, 2003 and November 26, 2003) and Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004). Walton has already reminded Fitzgerald that he can dismiss the charges against Libby if he feels the upcoming trial will expose national security secrets. [MSNBC, 9/26/2006; Christy Hardin Smith, 9/27/2006]

Entity Tags: Patrick J. Fitzgerald, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The Military Commissions Act (MCA) (see October 17, 2006) is characterized by many as not applying to US citizens. Law professor Marty Lederman disagrees. Under the MCA, Lederman says, “if the Pentagon says you’re an unlawful enemy combatant—using whatever criteria they wish—then as far as Congress, and US law, is concerned, you are one, whether or not you have had any connection to ‘hostilities’ at all.” [Unclaimed Territory, 9/28/2006] Six months later, an administration lawyer will confirm that the law does indeed apply to US citizens (see February 1, 2007).

Entity Tags: Martin (“Marty”) Lederman, Military Commissions Act, US Department of Defense

Timeline Tags: Civil Liberties

Video footage of Abd al-Hadi al-Iraqi, apparently at a night campsite.Video footage of Abd al-Hadi al-Iraqi, apparently at a night campsite. [Source: IntelCenter]In autumn 2006, Abd al-Hadi al-Iraqi, said to be an adviser to Osama bin Laden, is captured and then detained in a secret CIA prison (see Autumn 2006). President Bush announced on September 6, 2006 that the secret CIA prisons were emptied, at least temporarily (see September 2-3, 2006 and September 6, 2006), and it is not known if al-Hadi is transferred to CIA custody before or after this announcement. The CIA keeps al-Hadi’s detention secret from not only the public but also from the Red Cross until late April 2007, when it is publicly announced that al-Hadi has been transferred to the US military prison at Guantanamo. Only then is the Red Cross allowed to examine him. President Bush’s September 2006 announcement was in response to a US Supreme Court decision that rules that all detainees, including those like al-Hadi held in secret CIA prisons, are protected by some provisions of the Geneva Conventions. Then in October 2006 Congress passed the Military Commissions Act, which forbids abuse of all detainees in US custody, including those in CIA custody. The CIA claims that it has no legal responsibility to alert the Red Cross about detainees such as al-Hadi, but without notifying watchdog organizations such as the Red Cross, there is no way to really know if detainees being held by the CIA are being illegally abused or not. Mary Ellen O’Connell, a professor of international law at Notre Dame Law School, says al-Hadi’s case raises the possibility that President Bush has secretly given the CIA a new mandate to operate outside the constraints of the Military Commissions Act: “This suggests that the president has signed some sort of additional authority for the CIA.” [Salon, 5/22/2007]

Entity Tags: Central Intelligence Agency, Mary Ellen O’Connell, International Committee of the Red Cross, Abd al-Hadi al-Iraqi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Secretary of State Rice says that she does not recall the meeting on July 10, 2001, when CIA Director Tenet and other officials briefed her about the al-Qaeda threat (see July 10, 2001). “What I am quite certain of is that I would remember if I was told, as this account apparently says, that there was about to be an attack in the United States, and the idea that I would somehow have ignored that I find incomprehensible.” [Associated Press, 10/2/2006] Rice says she has no recollection of what she variously calls “the supposed meeting” and “the emergency so-called meeting.” [Editor & Publisher, 10/1/2006; McClatchy Newspapers, 10/2/2006] The Washington Post comments that “Rice added to the confusion… by strongly suggesting that the meeting may never have occurred at all—even though administration officials had conceded for several days that it had.” Hours after Rice’s latest denial, the State Department confirms that documents show Rice did attend such a meeting on that date. However, State Department spokesman Sean McCormack then says, “The briefing was a summary of the threat reporting from the previous weeks. There was nothing new.” The Washington Post notes that when it was pointed out to McCormack that Rice asked for the briefing to be shown to Defense Secretary Rumsfeld and Attorney General Ashcroft (see July 11-17, 2001), “McCormack was unable to explain why Rice felt the briefing should be repeated if it did not include new material.” [Washington Post, 10/3/2006]

Entity Tags: John Ashcroft, Sean McCormack, Condoleezza Rice, US Department of State, Al-Qaeda, George J. Tenet, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: 2001 Anthrax Attacks

In two separate sessions, from October 6-11 and again from December 4-14, officials of the International Committee of the Red Cross (ICRC) interview 14 detainees newly transferred from a variety of CIA secret “black sites” to Guantanamo. The transfers followed President Bush’s acknowledgment that the CIA has maintained a number of these sites and his announced intention to have a number of the detainees sent to the Cuban facility (see September 17, 2001 and September 6, 2006).
ICRC Access - The ICRC is legally bound to monitor compliance with the Geneva Conventions and to supervise the treatment of prisoners of war; previously, it had not been allowed to see the detainees, and in some cases were never informed of their detention. The ICRC officials interview each prisoner in private, with the intention of producing “a description of the treatment and material conditions of detention of the 14 during the period they were held in the CIA detention program.”
Interviews - The 14 have been held for periods ranging “from 16 months to almost four and a half years.” The ICRC’s report, never intended for public consumption, will be released to the CIA several months later (see February 14, 2007) and revealed in a book in early 2009 (see March 15, 2009). Some of the detainees, concerned about the possible repercussions that may ensue from their discussions, ask the ICRC to withhold their names from some allegations, though most of the report attributes specific narratives and allegations to particular prisoners. Almost every allegation is independently corroborated by other, named detainees.
'Striking Similarity' - In 2009, author Mark Danner will write, quoting the ICRC report: “[I]ndeed, since the detainees were kept ‘in continuous solitary confinement and incommunicado detention’ throughout their time in ‘the black sites,’ and were kept strictly separated as well when they reached Guantanamo, the striking similarity in their stories, even down to small details, would seem to make fabrication extremely unlikely, if not impossible. ‘The ICRC wishes to underscore,’ as the writers tell us in the introduction, ‘that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.’”
Topics of Report - The report covers the following areas:
bullet Main elements of the CIA detention program;
bullet Arrest and transfer;
bullet Continuous solitary confinement and incommunicado detention;
bullet Other methods of ill-treatment;
bullet Suffocation by water (the ICRC term for waterboarding);
bullet Prolonged stress standing;
bullet Beatings by use of a collar;
bullet Beating and kicking;
bullet Confinement in a box;
bullet Prolonged nudity;
bullet Sleep deprivation and use of loud music;
bullet Exposure to cold temperature/cold water;
bullet Prolonged use of handcuffs and shackles;
bullet Threats;
bullet Forced shaving;
bullet Deprivation/restricted provision of solid food;
bullet Further elements of the detention regime.
Conclusion - The report concludes: “The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, or degrading treatment.” Danner will write, “Such unflinching clarity, from the body legally charged with overseeing compliance with the Geneva Conventions—in which the terms ‘torture’ and ‘cruel, inhuman, and degrading treatment’ are accorded a strictly defined legal meaning—couldn’t be more significant.” [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Geneva Conventions, Central Intelligence Agency, Mark Danner

Timeline Tags: Torture of US Captives

Joanne Mariner, an attorney with the civil liberties organization Human Rights Watch, calls the Military Commissions Act (see October 17, 2006) “exceedingly harmful” and a “grab-bag of unnecessary and abusive measures” that creates for detainees “a system of justice that is far inferior to that of the federal courts and courts-martial.” The bill does not directly address detention, Mariner writes, but does nothing to limit detention and, she believes, will be used by the administration to justify its current detention practices. [FindLaw, 10/9/2006]

Entity Tags: Joanne Mariner, Human Rights Watch, Military Commissions Act

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Special counsel Patrick Fitzgerald files a status report in regards to defense requests for a wide array of classified documents and materials to be made available for the Libby trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006). Fitzgerald’s report indicates that he has presented the defense with redacted versions of many of the documents the lawyers have requested, and that he expects the defense to challenge some of the redactions. [US District Court for the District of Columbia, 10/18/2006 pdf file]

Entity Tags: Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

John Yoo, a former Justice Department official, celebrates the passage of the Military Commissions Act (see October 17, 2006). Yoo writes that Congress has ordered “the courts, in effect, to get out of the war on terror.” The bill is not so much a victory for the presidency, Yoo writes, as it is a loss for the judiciary, a “stinging rebuke to the Supreme Court. It strips the courts of jurisdiction to hear any habeas corpus claim filed by any alien enemy combatant anywhere in the world.” It supersedes the Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), which Yoo calls “an unprecedented attempt by the court to rewrite the law of war and intrude into war policy… [a] stunning power grab.” Now, he writes: “Congress and the president did not take the court’s power grab lying down. They told the courts, in effect, to get out of the war on terror, stripped them of habeas jurisdiction over alien enemy combatants, and said there was nothing wrong with the military commissions. It is the first time since the New Deal that Congress had so completely divested the courts of power over a category of cases. It is also the first time since the Civil War that Congress saw fit to narrow the court’s habeas powers in wartime because it disagreed with its decisions. The law goes farther. It restores to the president command over the management of the war on terror. It directly reverses Hamdan by making clear that the courts cannot take up the Geneva Conventions. Except for some clearly defined war crimes, whose prosecution would also be up to executive discretion, it leaves interpretation and enforcement of the treaties up to the president. It even forbids courts from relying on foreign or international legal decisions in any decisions involving military commissions.” Yoo had previously authored numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002). [Wall Street Journal, 10/19/2006]

Entity Tags: Military Commissions Act, John C. Yoo

Timeline Tags: Civil Liberties

Exercising its new authority under the just-signed Military Commissions Act (MCA—see October 17, 2006), the Bush administration notifies the US District Court in Washington that it no longer has jurisdiction to consider 196 habeas corpus petitions filed by Guantanamo detainees. Many of these petitions cover multiple detainees. According to the MCA, “no court, justice, or judge” can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future. The MCA is already being challenged as unconstitutional by several lawyers representing Guantanamo detainees. The MCA goes directly against two recent Supreme Court cases, Rasul v. Bush (see June 28, 2004) and Hamdan v. Rumsfeld (see June 30, 2006), which provide detainees with habeas corpus and other fundamental legal rights. Many Congressional members and legal experts say that the anti-habeas provisions of the MCA are unconstitutional. For instance, Senator Arlen Specter (R-PA) notes that the Constitution says the right of any prisoner to challenge detention “shall not be suspended” except in cases of “rebellion or invasion.” [Washington Post, 10/20/2006] Law professor Joseph Margulies, who is involved in the detainee cases, says the administration’s persistence on the issue “demonstrates how difficult it is for the courts to enforce [the clause] in the face of a resolute executive branch that is bound and determined to resist it.” Vincent Warren of the Center for Constitutional Rights, which represents many of the detainees, expects the legal challenges to the law will eventually wind up before the Supreme Court. [Washington Post, 10/20/2006]

Entity Tags: Center for Constitutional Rights, Arlen Specter, Bush administration (43), Vincent Warren, Military Commissions Act, Joseph Margulies

Timeline Tags: Civil Liberties

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

Vice President Dick Cheney says foreign terrorists in Iraq are launching a spate of attacks in order to influence the upcoming US midterm elections—in essence, accusing terrorists of trying to sway Americans to vote for Democrats. Al-Qaeda and other terror groups active in Iraq are trying to “break the will of the American people.” He continues, “They’re very sensitive to the fact that we’ve got an election scheduled.” He goes on to claim that terror attacks in Iraq are being scheduled to coincide with US election events and to garner maximum media coverage to impact the elections. He provides no evidence for this. October saw one of the highest death tolls for US forces since the invasion of March 2003. Republicans fear that bad news from Iraq will cost them seats in the US Congress. Pentagon spokesman Eric Ruff echoes Cheney’s statements, saying that Islamist militants are trying to “increase opposition to the war and have an influence against the president.” White House officials add that the US media is deliberately focusing on the “bad” news of casualties, carnage, and terrorist attacks, and failing to cover the “good” news coming out of the occupation. The White House and the Pentagon are launching a new propaganda effort to use “new media” outlets such as blogs to spread their message and counter what they say is a sophisticated propaganda effort by Islamists to manipulate the news and affect the US elections. [BBC, 10/31/2006]

Entity Tags: US Department of Defense, Al-Qaeda, Bush administration (43), Eric Ruff, Richard (“Dick”) Cheney

Timeline Tags: Iraq under US Occupation

After learning that a new book published by Pakistani President Pervez Musharraf (see September 25, 2006) says that alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) either killed American reporter Daniel Pearl or played a leading role in the murder (see January 31, 2002), the lawyer for Saeed Sheikh, one of the kidnappers, says he plans to use the book in an appeal. Sheikh was found guilty of the kidnapping (see April 5, 2002), but the lawyer, Rai Bashir, says, “I’m going to submit an application that [Musharraf’s] book be used as a piece of evidence. The head of state has exonerated [Sheikh and his accomplices].” [Christian Science Monitor, 11/8/2006] Bashir will also make similar comments after KSM says that he carried out the murder in early 2007 (see March 10, 2007): “In the next court hearing, I am going to submit the recent statement by Khalid Shaikh Mohammed in which he said he himself beheaded the US journalist… From day one, my contention was that the evidence presented in court was not strong enough to lead to the conviction of my client.” [Guardian, 3/19/2007] Sheikh was convicted in July 2002 (see July 15, 2002). As of late July 2005, the appeal proceedings had been adjourned thirty-two times. [International Herald Tribune, 7/29/2005] As of 2007, his appeal process is still in limbo.

Entity Tags: Pervez Musharraf, Rai Bashir, Saeed Sheikh

Timeline Tags: Complete 911 Timeline

Judge Reggie Walton rules that the substitutions and summaries of classified materials special counsel Patrick Fitzgerald has proposed to be provided to the Lewis Libby defense team are inadequate. Libby has asked for a raft of classified materials (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006) to support his contention that he was so overwhelmed by work at the White House that his lies about his conversations with reporters concerning CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and July 10 or 11, 2003) were “inadvertent and not the product of willful disinformation.” Observers are terming this Libby’s “memory defense” (see January 31, 2006). However, Walton rules that Libby will not have “free reign” to use whatever classified documents he or his lawyers see fit: his ruling “does not give the defendant ‘free reign’ over his testimony.” Walton writes, “He is alleging both that the volume of his work would have impacted his memory and that some of the information presented to him as the vice president’s national security adviser was so potentially catastrophic to the well-being of the country that the focus he had to devote to this information also impacted his memory.” Many observers, including Fitzgerald, believe Libby may be attempting to derail the prosecution by threatening to reveal sensitive national security details during his trial, a practice called “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). [MSNBC, 11/13/2006]

Entity Tags: Lewis (“Scooter”) Libby, Reggie B. Walton, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

After ruling that the prosecution’s proposed summations and substitutions for classified documents requested by the defense are inadequate (see November 13, 2006), Judge Reggie Walton issues an order detailing how much classified evidence the Lewis Libby defense team may have access to in its preparations to defend its client against perjury and obstruction charges. It is up to the prosecution and defense lawyers to decide how much, or how little, of the classified materials to redact before presenting them in the trial. Prosecutor Patrick Fitzgerald has accused the Libby defense team of engaging in “graymail,” an attempt to derail the prosecution by threatening to reveal national security secrets (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Walton’s ruling is sealed, so it is unclear what will and will not be made available to Libby. [Associated Press, 11/15/2006] The public may learn of some of Walton’s ruling in December, when intelligence and national security agencies report back to him as to the status of the classified materials sought by Libby. Walton acknowledges that he has had to keep some information out of the public view, writing, “While this court has strived to make the proceedings in this action as transparent as possible, because the defendant seeks to introduce at trial evidence that is currently classified, this court has been required to close to the public may proceedings and seal a substantial number of pleadings.” [MSNBC, 11/16/2006] Walton will release his ruling, in redacted form (see December 1, 2006).

Entity Tags: Reggie B. Walton, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A British high court approves the extradition of Haroon Rashid Aswat to the US. Many media accounts have described Aswat as the mastermind of the 7/7 London bombings (see July 7, 2005 and Late June-July 7, 2005). However, British authorities appear to be ignoring his possible connection to the 7/7 bombings and are allowing him to be extradited to the US on unrelated charges of helping to create a militant training camp in Oregon (see November 1999-Early 2000). The US has promised that he will not be sent to the prison in Guantanamo or turned over to a third country. [Guardian, 11/30/2006] As of mid-2008, Aswat has yet to be extradited.

Entity Tags: Haroon Rashid Aswat

Timeline Tags: Complete 911 Timeline

The cover of the Review, depicting a Native American displaying a scalp.The cover of the Review, depicting a Native American displaying a scalp. [Source: Dartmouth Review via Huffington Post]The Dartmouth Review, a conservative weekly student newspaper funded by off-campus right-wing sources (see 1980), publishes its latest edition; the cover depicts a Native American as what Indian Country Today later describes as a “crazed ‘savage’ holding up a scalp.” The cover headline: “The Natives Are Getting Restless”; the story ridicules Native American students for protesting a recent spate of anti-Native incidents on campus. Dartmouth College was founded in 1769 as a school for Native Americans, and has a long history of supporting Native American causes; in light of its history, the local and national Native American communities have been dismayed in recent years by what they call the anti-Indian sentiments espoused by the Review and other Dartmouth students. The National Congress of American Indians (NCAI) joins with the student organization Native Americans at Dartmouth (NAD) to ask college administrators to address the recent string of “culturally insensitive, biased, and racist” events that they say have created a hostile campus environment at the school. “Colleges and universities are places where diversity and tolerance should foster productive, inclusive, and thriving intellectual communities,” says NCAI President Joe Garcia. “When cartoonization, mockery, and insensitivity of Native peoples, cultures, and traditions persist on college campuses, Native students are at a unique disadvantage in that intellectual community. NCAI joins NAD, [Dartmouth] President James Wright, and the broader Dartmouth community in condemning the recent series of biased incidents at the college, and stands with NAD in its efforts at combating bias in your community.” In recent months, Review staffers and Dartmouth students have orchestrated a number of events that Native Americans call racist and intolerant, including the distribution of homecoming shirts depicting a knight performing a sex act on an American Indian caricature, and the physical disruption by fraternity pledges of an American Indian drumming circle. The publication of the Review with its offensive cover sends the Native American community, and its supporters, into new levels of outrage, with Indian Country Today noting that the illustration of the “savage” has often been used by anti-Native American organizations. Over 500 students, faculty, and administrators take part in a demonstration supporting the Native American community. In response, the Review editor, Daniel Linsalata, calls the cover “hyperbolic” and “tongue-in-cheek,” and says that while he “regret[s]” that the cover “may have” offended some, he stands behind “the editorial content” of the edition. The remainder of his response attacks NAD, and argues that the cover is appropriate to the discussion: “The accusation that this cover was maliciously designed as a wantonly racist attack on Native Americans is patently false,” he says. Wright issues a statement apologizing for the racial slur. Four days after Linsalata’s response, editors Nicholas Desai and Emily Ghods-Esfahani write that the cover was “a mistake” that “distracted attention from the serious journalism the Dartmouth Review has been publishing.” [Dartmouth Review, 12/2/2006; Dartmouth Review, 12/6/2006; Indian Country Today, 12/15/2006]

Entity Tags: Indian Country Today, Daniel Linsalata, Dartmouth College, Emily Ghods-Esfahani, National Congress of American Indians, Dartmouth Review, Nicholas Desai, James Wright, Native Americans at Dartmouth, Joe Garcia

Timeline Tags: Domestic Propaganda

Judge Reggie Walton rules that former White House aide Lewis Libby’s lawyers will be restricted in how they present classified information during Libby’s perjury and obstruction trial. Prosecutors, led by special counsel Patrick Fitzgerald, have complained that Libby’s lawyers have made unreasonable demands for huge amounts of classified White House and other government documents, many of which are irrelevant, and have attempted to “graymail” the prosecution into dropping the charges against Libby for fear that the trial will reveal national security secrets (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). Libby says that his work with security issues such as terrorist threats and foreign nuclear programs caused him to inadvertently lie to the FBI (see October 14, 2003 and November 26, 2003) and to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), and he wants to present classified information during his trial to prove the extent of his workload. Walton rules that the substitutions and summaries Fitzgerald has provided to the Libby lawyers will allow Libby “substantially the same ability to make his defense as would disclosure of the specific classified information.” NBC News producer Joel Seidman, writing for MSNBC, reports that Walton’s ruling may spell the end of Libby’s attempts to derail the trial by the use of “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [Associated Press, 12/11/2006; MSNBC, 12/11/2006]

Entity Tags: Patrick J. Fitzgerald, Joel Seidman, Lewis (“Scooter”) Libby, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Civil libertarians, both conservative and liberal, join in filing a legal brief on behalf of suspected al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001), whose lawyers are preparing to file a suit challenging his detention as an “enemy combatant” (see February 1, 2007). Liberal and progressive law school deans Harold Koh of Yale and Laurence Tribe of Harvard are joined by conservatives such as Steven Calabresi, a former Reagan White House lawyer and co-founder of the staunchly conservative Federalist Society, in a brief that argues an immigrant or a legal resident of the US has the right to seek his freedom in the US court system. Al-Marri is a Qatari citizen who attended Bradley University in Illinois. The brief argues that the Military Commissions Act (MCA) (see October 17, 2006) is unconstitutional. The brief “shows the phrases ‘conservative’ and ‘libertarian’ have less overlap than ever before,” says law professor Richard Epstein, a Federalist Society member who signed it, adding, “This administration has lost all libertarians on all counts.” Koh says: “This involves the executive branch changing the rules to avoid challenges to its own authority. Serious legal scholars, regardless of political bent, find what the government did inconsistent with any reasonable visions of the rule of law.” Epstein, who says Koh is “mad on many issues,” agrees, calling the al-Marri case “beyond the pale.” He says, “They figured out every constitutional protection you’d want and they removed them.” Lawyer Jonathan Hafetz, representing al-Marri, says the case brings up issues about what the framers of the Constitution intended—something libertarians and judicial conservatives often look to. [Associated Press, 12/13/2006]

Entity Tags: Richard Epstein, Ali Saleh Kahlah al-Marri, Federalist Society, Harold Koh, Steven Calabresi, Jonathan Hafetz, Laurence Tribe

Timeline Tags: Torture of US Captives, Civil Liberties

On December 24, 2006, Ethiopia invades Somalia with US encouragement, attacking the Islamic Courts Union (ICU), an Islamist militant group that rules much of the country. The invasion is triggered because the ICU had encircled the Somali town of Baidoa, the last hold out of the Transitional Federal Government (TFG), the internationally recognized government of Somalia that actually controls very little of the country. Within days, the Ethiopians conquer the capital of Mogadishu and replace the ICU with the TFG. But Ethiopian troops remain in Somalia, occupying much of the country, and the ICU and other Islamist militant groups are not completely defeated. On January 5, 2007, al-Qaeda second-in-command Ayman al-Zawahiri issues a message urging Somalis to “consume” the “crusader” Ethiopians “as the lions eat their prey.” [Time, 11/29/2007] The US had been quietly improving ties with Ethiopia, and had been secretly training Ethiopian forces in counterterrorism techniques for years. The US covertly assists Ethiopia’s invasion with spy satellite data and other intelligence. A secret US special forces unit, Task Force 88, launches operations into Somalia from Kenya and Ethiopia. On January 6, two US Air Force AC-130 gunships secretly arrive at a small airport in eastern Ethiopia. The next day, they carry out a strike near a small village close to the Kenyan border, attempting to kill al-Qaeda-linked militants fleeing the country. Eight people are killed, but apparently no important al-Qaeda leaders. [New York Times, 2/23/2007] A second AC-130 strike on January 23 also misses its target. It is unknown how many are killed, but the wreckage of six large trucks is later seen at the spot of the attack. But while the US strikes are unsuccessful, al-Qaeda leader Abu Talha al-Sudani is apparently killed at some point during the fighting between Ethiopian forces and Somali militants. The US will not officially say he is dead, but US officials will unofficially say he is to Time magazine later in the year. Al-Sudani is said to have been living in Somalia since 1993 and involved in al-Qaeda attacks in Kenya in 1998 and 2002. [Washington Post, 1/8/2007; Time, 11/29/2007] By summer 2007, US and Ethiopian officials will claim that the war in Somalia is over. However, the fighting, the occasional US strikes, and the Ethiopian occupation, continue. [Time, 11/29/2007]

Entity Tags: Abu Talha al-Sudani, Ayman al-Zawahiri, Transitional Federal Government (Somalia), US Military, Islamic Courts Union

Timeline Tags: Complete 911 Timeline

James Kopp, convicted of murdering abortion provider Dr. Barnett Slepian (see March 17-18, 2003), is found guilty of violating the FACE Act, which makes it a crime to deny access to women’s health clinics (see May 1994). Because of the severity of his violation, Kopp is sentenced to life in prison without parole. Assistant US Attorney Kathleen Mehltretter says in court filings: “The fact that the defendant has been convicted in New York State Court is irrelevant to this proceeding. The United States has the obligation and the right to enforce its criminal laws.” [Buffalo News, 1/7/2007; National Abortion Federation, 2010]

Entity Tags: James Kopp, Kathleen Mehltretter

Timeline Tags: US Health Care, US Domestic Terrorism

Director of National Intelligence (DNI) John Negroponte says that al-Qaeda’s central leadership is based in Pakistan and is regrouping there. Speaking before a Senate committee, he says that al-Qaeda operatives “are cultivating stronger operational connections and relationships that radiate outward from their leaders’ secure hide-out in Pakistan to affiliates throughout the Middle East, North Africa, and Europe.” This is the first time a high-ranking US official has described Pakistan as a “secure hide-out” for al-Qaeda or used similar language. He adds, “Pakistan is our partner in the war on terror and has captured several al-Qaeda leaders. However, it is also a major source of Islamic extremism. Eliminating the safe haven that the Taliban and other extremists have found in Pakistan’s tribal areas is not sufficient to end the insurgency in Afghanistan but it is necessary.” [Reuters, 1/12/2007]

Entity Tags: John Negroponte, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Conservative radio host Rush Limbaugh tells his listeners that professional football games often look like fights between two African-American street gangs. Discussing a recent National Football League (NFL) game which featured some apparently objectionable celebrating by players after scoring a touchdown, Limbaugh says that such “over the top” celebrations are sparked by “cultural” differences between black and white players. “There’s something culturally wrong that is leading to all this… classless” behavior, he says, and continues: “Look, let me put it to you this way: the NFL all too often looks like a game between the Bloods and the Crips without any weapons. There, I said it.” [Media Matters, 10/12/2009] Two years later, Limbaugh will address his comment on his broadcast. He will fail to apologize for the remark, and will say instead: “It was not racial. Bloods and Crips makes it look racial. But the way I chose to describe it. I could have perhaps chosen a different term.” Limbaugh claims that his remark was taken “out of context” by the news media, and cites the “hypocrisy” of the media in reporting his comments as possibly racially offensive. [Media Matters, 10/14/2009] Limbaugh will be thwarted in his 2009 attempt to buy the St. Louis Rams NFL franchise (see October 15, 2009) because of his racially inflammatory remarks against black football players, including this one and a 2003 slur involving African-American quarterback Donovan McNabb (see September 28 - October 2, 2003). Indianapolis Colts owner Jim Irsay will tell other owners, “When there are comments that have been made that are inappropriate, incendiary, and insensitive… our words do damage, and it’s something that we don’t need.” NFL commissioner Roger Goodell will call Limbaugh’s comments “divisive” and something that cannot be tolerated from an NFL owner. [New York Post, 10/13/2009]

Entity Tags: Rush Limbaugh, Jim Irsay, Roger Goodell

Timeline Tags: Domestic Propaganda

Conservative radio host Rush Limbaugh calls Senator Barack Obama (D-IL) and actress Halle Berry “Halfrican Americans.” According to progressive media watchdog organization Media Matters, Limbaugh, discussing Obama’s nascent presidential candidacy, says, “Barack Obama has picked up another endorsement: Halfrican American actress Halle Berry.” Limbaugh then says, “‘As a Halfrican American, I am honored to have Ms. Berry’s support, as well as the support of other Halfrican Americans,’ Obama said.” Limbaugh later concedes that Obama “didn’t say it.” Limbaugh tells his audience that Obama “is the son of a white mother from Kansas and a black father from Kenya.” [Media Matters, 1/24/2007]

Entity Tags: Barack Obama, Rush Limbaugh, Media Matters, Halle Berry

Timeline Tags: Domestic Propaganda, 2008 Elections

Martin Peretz, the editor in chief of The New Republic, falsely accuses Jewish billionaire George Soros of being a Nazi collaborator. Soros is now a target of conservative opprobrium for his financial support of Democratic and progressive causes. As a 14-year-old boy, Soros escaped from the Nazis by hiding with a non-Jewish family in Hungary; the father of that family sometimes served deportation notices to Hungarian Jews. Peretz now calls Soros “a young cog in the Hitlerite wheel.” The progressive media watchdog Web site Media Matters notes that Peretz is following the lead of right-wing extremists David Horowitz and Richard Poe, whose book The Shadow Party: How George Soros, Hillary Clinton, and Sixties Radicals Seized Control of the Democratic Party claimed that Soros “survived [the Holocaust] by assimilating to Nazism.” The book was found to be riddled with doctored quotes and factual errors (see August 8, 2006). Peretz uses a transcript of a 1998 interview Soros gave to 60 Minutes reporter Steve Kroft to prove his claim, but edits the transcript to leave out a key section that shows Soros did not collaborate with Nazis. [Media Matters, 2/5/2007; New Republic, 2/12/2007] (The article is dated February 12, 2007, but was posted on the New Republic Web site a week earlier.)

Entity Tags: Richard Poe, David Horowitz, George Soros, Media Matters, Steve Kroft, Martin Peretz

Timeline Tags: Domestic Propaganda

Thom Hartmann.Thom Hartmann. [Source: Pittsburgh Post-Gazette]Author and talk show host Thom Hartmann issues a call for the repeal of the Military Commissions Act (MCA) (see October 17, 2006). He frames his argument with a quote from the revered British Conservative Prime Minister, Winston Churchill: “The power of the executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious, and the foundation of all totalitarian government whether Nazi or Communist.” The MCA is “the most conspicuous part of a series of laws which have fundamentally changed the nature of this nation, moving us from a democratic republic to a state under the rule of a ‘unitary’ president,” Hartmann writes. The MCA is an “attack on eight centuries of English law,” the foundation of US jurisprudence that goes back to 1215 and the Magna Carta. While the MCA’s supporters in and out of the administration give reassurances that the law only applies to non-citizens, Hartmann notes that two US citizens, Jose Padilla and Yaser Esam Hamdi, have already been stripped of their habeas corpus rights. Habeas corpus, Hartmann writes, is featured prominently in Article I of the US Constitution. Attorney General Alberto Gonzales was flat wrong in saying that the Constitution provided “no express grant of habeas” (see January 17, 2007), Hartmann writes. “Our Constitution does not grant us rights, because ‘We’ already hold all rights. Instead, it defines the boundaries of our government, and identifies what privileges ‘We the People’ will grant to that government.” The authors of the Constitution “must be turning in their graves,” Hartmann writes, quoting the “most conservative” of those authors, Alexander Hamilton: “The establishment of the writ of habeas corpus… are perhaps greater securities to liberty and republicanism than any it [the Constitution] contains.… [T]he practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny.” Hamilton’s colleague Thomas Jefferson said that laws such as habeas corpus make the US government “the strongest government on earth.” Now, Hartmann writes, the strength of that government is imperiled. [CommonDreams (.org), 2/12/2007]

Entity Tags: Winston Leonard Spencer Churchill, Alberto R. Gonzales, Alexander Hamilton, Jose Padilla, Magna Carta, Military Commissions Act, Yaser Esam Hamdi, Thomas Jefferson, Thomas Hartmann

Timeline Tags: Civil Liberties

A report by the Center on Law and Security (CLS) finds that the “Iraq effect” is costing lives around the world. The report finds that the Iraq occupation is directly to blame for an upsurge in fundamentalist violence worldwide. It finds that the number killed in jihadist attacks around the world has risen dramatically since the Iraq war began in March 2003, comparing the period between 9/11 and the invasion of Iraq with the period since the invasion. The count—excluding the Arab-Israel conflict—shows the number of deaths due to terrorism rose from 729 to 5,420. Iraq has served as the catalyst for a ferocious fundamentalist backlash, according to the study, which says that the number of those killed by Islamists within Iraq rose from 7 to 3,122. A similar rise in attacks has occurred in Afghanistan, Chechnya, in the Kashmir region between India and Pakistan, and throughout Europe. Both President Bush and British Prime Minister Tony Blair insist that the opposite is true. Bush has said, “If we were not fighting and destroying the enemy in Iraq, they would not be idle. They would be plotting and killing Americans across the world and within our borders. By fighting these terrorists in Iraq, Americans in uniform are defeating a direct threat to the American people.” Blair insists that the Iraq war was not been responsible for Muslim fundamentalist attacks such as the 7/7 London bombings which killed 52 people (see July 7, 2005). “Iraq, the region and the wider world is a safer place without Saddam,” Blair said in July 2004. [Independent, 3/1/2007]

Entity Tags: Al-Qaeda, UK Security Service (MI5), George W. Bush, Tony Blair

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

Fox News tells viewers Libby not guilty.Fox News tells viewers Libby not guilty. [Source: NewsCorpse (.com)]Fox News takes an alternate view from most news outlets in reporting Lewis Libby’s convictions on four out of five felony charges (see March 6, 2007). In its news crawler on the bottom of the television broadcast, it reports, “Scooter Libby found not guilty of lying to FBI investigators.” [Wilson, 2007, pp. 295]

Entity Tags: Lewis (“Scooter”) Libby, Fox News

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad.High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad. [Source: FBI (except for AFP for Hambali, New York Times for Abu Zubaida, and Reuters for Majid Khan)]Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see September 2-3, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL) view Khalid Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007).
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After).
bullet Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007).
bullet Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 pdf file]
bullet Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 pdf file]
bullet Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007).
bullet Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 pdf file]
bullet Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda leader Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 pdf file]
bullet Abu Zubaida is accused of heading the Khaldan and Darunta training camps in Afghanistan, and admits heading Khaldan, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007).
bullet Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 pdf file]
bullet Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 pdf file]
bullet Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 pdf file]
bullet Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 pdf file]
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 pdf file]
bullet Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]

Entity Tags: Ali Abdul Aziz Ali, Gouled Hassan Dourad, Jemaah Islamiyah, Ahmed Khalfan Ghailani, Hambali, Abu Zubaida, Majid Khan, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Mohammed Nazir Bin Lep, Mohamad Farik Amin, Khalid Shaikh Mohammed, Abu Faraj al-Libbi, Khallad bin Attash

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). [US Department of Defense, 3/10/2007 pdf file] However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” [Seattle Post-Intelligencer, 3/15/2007]
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. [US Department of Defense, 3/10/2007 pdf file] (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) [Reeve, 1999, pp. 50, 54, 67] Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” [ABC News, 4/11/2008] He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” [US Department of Defense, 3/10/2007 pdf file] The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). [US Congress, 3/10/2007] KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

Entity Tags: Daniel Robert (“Bob”) Graham, Khalid Shaikh Mohammed, Carl Levin

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

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

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

Timeline Tags: Domestic Propaganda, 2001 Anthrax Attacks

A cartoonist’s view of Khalid Shaikh Mohammed’s confession.A cartoonist’s view of Khalid Shaikh Mohammed’s confession. [Source: Rob Rodgers / Pittsburgh Post-Gazette]Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]

Entity Tags: Yosri Fouda, Judea Pearl, Daniel Pearl, Khalid Shaikh Mohammed, Michael Scheuer, Robert Baer, Bruce Riedel

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

Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11.Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]At his combat status review tribunal in Guantanamo Bay, 9/11 facilitator Mustafa Ahmed al-Hawsawi denies providing a large amount of funds for the plot, although he does admit knowing some of the hijackers and helping them travel to the US. According to the Los Angeles Times, his denial that he provided substantial amounts to the hijackers is surprising because, “US authorities, as well as the Sept. 11 commission that investigated the attacks, have long alleged that al-Hawsawi was a top lieutenant of plot mastermind Khalid Shaikh Mohammed… [and he]… arranged funding and travel for several of the 19 hijackers.” Meyer also points out that, “the unclassified summary of evidence read at the hearing did not mention any instances in which he allegedly sent money to them. When specifically asked during the hearing if he had done so, al-Hawsawi said he had not.” [Los Angeles Times, 3/30/2007] The unclassified facts supporting his designation as an enemy combatant mostly relate to his receiving money transfers from some of the hijackers just before 9/11 (see September 5-10, 2001), a laptop computer hard-drive containing information about al-Qaeda that is said to be “associated with the detainee,” and a nineteen-page address book. He admits returning to Pakistan just before 9/11 on the advice of 9/11 managers Ramzi bin al-Shibh and Khalid Shaikh Mohammed, meeting Osama bin Laden and Ayman Al-Zawahiri, receiving military training in an al-Qaeda camp, meeting four of the muscle hijackers (see Early-Late June, 2001), and talking to Mohamed Atta on the phone. However, he says that the information on the hard-drive was copied from other computers and was not put there by him, the address book is not his, he never swore bayat to Bin Laden, and is therefore not an al-Qaeda member. [US department of Defense, 3/21/2007 pdf file] Several other high-value detainees have combat status review tribunals hearings at this time (see March 9-April 28, 2007).

Entity Tags: Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline

At a Guantanamo Bay tribunal to decide his combat status (see March 9-April 28, 2007), militant Islamist logistics manager Abu Zubaida (see March 28, 2002) is accused of heading Khaldan and Darunta training camps in Afghanistan and of co-ordinating their operation with Osama bin Laden, as well as moving money for al-Qaeda, desiring fraudulently-obtained Canadian passports for a terrorist plot, and making diary entries about planned attacks in the US. [US Department of Defense, 3/27/2007 pdf file]
Complaints of Torture, Admission of False Confessions - Zubaida complains of being tortured in US custody (see Mid-May 2002 and After and March 10-April 15, 2007). Zubaida’s statements about his treatment in US custody will be redacted from the trial transcripts, but a few remarks remain. In broken English, Zubaida states: “I was nearly before half die plus [because] what they do [to] torture me. There I was not afraid from die because I do believe I will be shahid [martyr], but as God make me as a human and I weak, so they say yes, I say okay, I do I do, but leave me. They say no, we don’t want to. You to admit you do this, we want you to give us more information… they want what’s after more information about more operations, so I can’t. They keep torturing me.” The tribunal president, a colonel whose name is also redacted, asks, “So I understand that during this treatment, you said things to make them stop and then those statements were actually untrue, is that correct?” Zubaida replies, “Yes.” [US Department of Defense, 3/27/2007 pdf file; Vanity Fair, 12/16/2008]
Denies Being Al-Qaeda Member or Enemy of US - He goes on to deny that he is an “enemy combatant,” saying that the Khaldan training camp, which he admits being logistics manager of, was around since the Soviet-Afghan War and was also used to train Muslims who wanted to fight invaders in Muslim lands, such as Chechnya, Kashmir, the Philippines, and Bosnia, where “America helped us.” After he was captured the US administration exaggerated his importance, and some media accounts have suggested his role was greatly exaggerated (see Shortly After March 28, 2002). He denies being an official member of al-Qaeda and says he disagrees with attacks on civilians. However, he admits some of his trainees subsequently decided to join al-Qaeda and that he did not prevent them from doing this. He also denies moving the money and submits a volume of his diary that apparently shows he was in Pakistan when the charges state he went to Saudi Arabia to collect the money. He requests the production of other volumes of his diaries, on which some of the charges are based, but they are not made available to the tribunal. In addition, he denies corresponding with bin Laden before 2000 and details a dispute that arose between them after that time. He says his diary entries about military targets are “strictly hypothetical,” and the passports are for non-terrorist travel. Following the US invasion of Afghanistan, he admits he helped non-aligned fighters escape from South Asia. He states that he is an enemy of the US because of its alliance with Israel, which he claims is oppressing his fellow Palestinians, saying, “A partner of a killer is also a killer.” [US Department of Defense, 3/27/2007 pdf file]

Entity Tags: Darunta training camp, Abu Zubaida, Al-Qaeda, Khaldan training camp

Timeline Tags: Torture of US Captives, Complete 911 Timeline

ACLU advertisement against the Military Commissions Act.ACLU advertisement against the Military Commissions Act. [Source: ACLU]The American Civil Liberties Union strongly objects to the stripping of habeas corpus rights contained within the Military Commissions Act (MCA—see October 17, 2006). The ACLU observes, “Habeas corpus isn’t a fancy legal term. It’s the freedom from being thrown in prison illegally, with no help and no end in sight. No president should ever be given the power to call someone an enemy, wave his hand, and lock them away indefinitely. The Founders made the president subject to the rule of law. They rejected dungeons and chose due process.” [American Civil Liberties Union, 3/28/2007]

Entity Tags: Military Commissions Act, American Civil Liberties Union

Timeline Tags: Civil Liberties

Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009.Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009. [Source: International Committee of the Red Cross]At his Combat Status Review Tribunal hearing in Guantanamo Bay (see March 9-April 28, 2007), 9/11 facilitator Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) denies being an enemy combatant and says he has provided “vital information” to the US. Regarding the allegations against him:
bullet He admits sending money to hijacker Marwan Alshehhi in the US, but says it was Alshehhi’s money and he regularly moved money for others—he did not know Alshehhi intended to hijack airliners (see June 28-30, 2000);
bullet He admits knowing and working for Khalid Shaikh Mohammed (KSM), his uncle, but says he had no idea KSM was connected to al-Qaeda;
bullet He admits leaving Dubai just before 9/11, but says this was due to residence permit problems (see September 9-11, 2001);
bullet He also denies various other allegations made against him and says he has never been a member of al-Qaeda, trained in the camps, or met Osama bin Laden and Ayman al-Zawahiri.
Statements by KSM and Ramzi bin al-Shibh saying he was not involved in the operation are also submitted in his defense. In his final statement to the tribunal he says: “Ever since I was turned in to the United States government, about four years ago, the government uses my services by getting information from me about al-Qaeda activities and personnel that I obtained through independent research. The United States has benefited from the vital and important information I supplied by foiling al-Qaeda plans and obtaining information on al-Qaeda personnel… So, is it fair or reasonable that after all the important and vital information I have supplied to the United States government that I be considered an enemy combatant?” [US Department of Defense, 4/12/2007 pdf file] The CIA refuses to comment on Ali’s claim he is cooperating. [Los Angeles Times, 4/13/2007]

Entity Tags: Ramzi bin al-Shibh, Ali Abdul Aziz Ali, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

FBI director Robert Mueller orders a criminal probe into FBI officials who used misleading “exigent letters”—letters used in lieu of National Security Letters (NSLs) that demand information on an emergency basis—to acquire thousands of US citizens’ phone records. Mueller tells civil liberties groups of the probe, which focuses on the activities of the Communications Analysis Unit (CAU). The probe could result in criminal prosecutions for misuse of Patriot Act investigative tools. NSLs are powerful subpoenas that can be issued by FBI supervisors without court supervisions, and have played central roles in previous allegations of misuse (see February 2005). The probe is investigating incidents where CAU officials wrote “exigent letters” to telecommunications firms requesting immediate wiretaps and promising that court warrants would be forthcoming—but the warrants had never been applied for and were never issued. Some FBI employees have already been granted immunity in return for their testimony. NSLs are routinely used to provide investigators in terrorism and espionage cases with data from phone companies, banks, credit reporting agencies, and Internet service providers on any US citizens considered “relevant” to an ongoing investigation. This information is then stored in three separate computer systems, including a shared data-mining system called the Investigative Data Warehouse. Though warned in 2001 to use this power with restraint, FBI agents have so far issued over 47,000 NSLs, more than half of those targeting Americans. In the case of the CAU, a support bureau which analyzes suspected terrorist communications and provides intelligence to the FBI’s Counterterrorism Division, its officials cannot issue subpoenas, but must have counterterrorism investigators do so. But the CAU has issued at least 739 “exigent letters” to AT&T, Verizon, and MCI seeking information on over 3,000 phone numbers; some of the individual letters contained requests for over 100 numbers. The letters read in part, “Due to exigent circumstances, it is requested that records for the attached list of telephone numbers be provided. Subpoenas requesting this information have been submitted to the US Attorney’s Office who will process and serve them formally to [telecom firm] as expeditiously as possible.” [Wired News, 7/12/2007] (Reporter Ryan Singel notes, The most striking thing about these exigent letters… is that they all use the same pathetic, passive bureaucratese.”) [Wired News, 7/10/2007] No such subpoena requests had been filed with the particular US attorneys, and only some of the requests were later followed up with proper legal processes. CAU chief Bassem Youssef says he ended the problem after he took over the unit in 2005, and says his attempts to provide post-facto legal processes were often hampered by uncooperative field offices. Youssef is suing the FBI over his complaints that the bureau was wasting his Arabic-language skills and antiterrorism experience and the bureau’s alleged retaliation. [Wired News, 7/12/2007]

Entity Tags: Counterterrorism Division (FBI), Verizon Communications, USA Patriot Act, Ryan Singel, Robert S. Mueller III, Bassem Youssef, Communications Analysis Unit (FBI), AT&T, MCI, Investigative Data Warehouse, Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Conservative radio host Rush Limbaugh tells his audience why he believes Democrats support affirmative action, the set of legal guidelines that mandate equitable hiring practives on the basis of race. “I made this point in the early eighties, mid-eighties when this all started,” he says. “Affirmative action is about making sure that the race wars never end.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note that Limbaugh’s audience, like those of most conservative pundits and talk shows, is overwhelmingly white. [Jamieson and Cappella, 2008, pp. 102]

Entity Tags: Kathleen Hall Jamieson, Rush Limbaugh, Joseph N. Cappella

Timeline Tags: Domestic Propaganda

Conservative radio host Glenn Beck tells his listeners that because he is American, white, Christian, and conservative, he “can’t win.” “Conservatives get no respect,” he says, and adds: “[I]f you are a white human that loves America and happens to be a Christian, forget about it, Jack. You are the only one that doesn’t have a political action committee for you.… I mean, I was talking about it with my family yesterday. I said, ‘I’m tired of being the least popular person in the world.‘… We’re Americans. Nobody likes Americans. We’re Americans, so the world hates us. But then inside of America, we love America—and that’s becoming more and more unpopular.” Being a Christian “is not popular anymore,” he claims, and says: “I’ve got to find one thing that I agree with the rest of the world on, I guess. I’m tired of being in that group.” For all of Beck’s claims of being unpopular because of his heritage, his faith, and his race, he hosts a daily radio show, an evening program on CNN Headline News, and serves as a commentator on ABC’s Good Morning America. [Media Matters, 4/2/2007]

Entity Tags: Glenn Beck

Timeline Tags: Domestic Propaganda

In a 5-4 decision splitting the court between conservatives and moderate/liberal justices, the Supreme Court upholds the 2003 ban on so-called “partial-birth abortions.” The Court rules that the Partial Birth Abortion Ban Act does not violate a woman’s constitutional right to an abortion. [CBS News, 4/19/2007]

Entity Tags: US Supreme Court

Timeline Tags: US Health Care

According to former CIA Director George Tenet, he speaks to a “senior CIA officer” with knowledge of pre-9/11 intelligence failures, apparently in preparation for a book he is writing. They discuss the failure to inform the FBI that one of the hijackers, Khalid Almihdhar, had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The officer tells Tenet: “Once Almihdhar’s picture and visa information were received, everyone agreed that the information should immediately be sent to the FBI. Instructions were given to do so. There was a contemporaneous e-mail in CIA staff traffic, which CIA and FBI employees had access to, indicating that the data had in fact been sent to the FBI. Everyone believed it had been done.” [Tenet, 2007, pp. 195] The claim that “everyone agreed” the information should be sent to the FBI is false, because two officers, deputy unit chief Tom Wilshire and Michael Anne Casey, specifically instructed two other people working at Alec Station, the CIA’s bin Laden unit, not to send it (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). The “contemporaneous e-mail” was then written by Casey, who must have known the claim the information had been passed was incorrect (see Around 7:00 p.m. January 5, 2000). Casey later appears to have lied about this matter to Tenet (see Before October 17, 2002) and the Justice Department’s inspector general (see February 2004).

Entity Tags: Michael Anne Casey, Central Intelligence Agency, Alec Station, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Fahad al-Quso.Fahad al-Quso. [Source: New York Times]Fahad al-Quso, implicated in the 2000 USS Cole bombing, was sentenced to 10 years in prison in Yemen in 2004 for his role in that bombing (see April 11, 2003-March 2004). He attended a key 2000 al-Qaeda summit in Malaysia in which the 9/11 plot was discussed (see January 5-8, 2000). The US maintains a $5 million bounty for him. However, around May 2007, al-Quso is secretly freed. Since 2002, the Yemeni government has had a program of “reeducating” al-Qaeda prisoners and then releasing them (see 2002 and After). The US learns of al-Quso’s release in February 2008, but takes no known action in response. Al-Quso apparently remains free. [Washington Post, 5/4/2008]

Entity Tags: Fahad al-Quso

Timeline Tags: Complete 911 Timeline

At the end of April 2007, a trial against a group of men accused of planning a fertilizer bomb plot in Britain concluded (see Early 2003-April 6, 2004), and a press ban on the trial was lifted. A number of stories come out revealing details on how two of the 7/7 London bombers, Mohammad Sidique Khan and Shehzad Tanweer, were monitored by British intelligence as they interacted with some of the fertilizer bomb plotters (see February 2-March 23, 2004). This leads to new calls for an independent inquiry into the 7/7 bombings, since many of these details were left out of the two official government reports on the 7/7 bombings released in May 2006 (see May 11, 2006). But on May 2, 2007, British Prime Minister Tony Blair rejects demands for an independent inquiry. He says that the May 2006 Intelligence and Security Committee report examined the bombings in “immense detail.” He claims any further inquiry would “undermine support” for the intelligence agencies. “For us then to have a full, independent, further inquiry… would simply have the security service and the police and others diverted from the task of fighting terrorism.” He adds that many claims made in the media about what was known about the 7/7 bombers were “misleading and wrong.” But David Cameron, the leader of the opposition Conservative Party, says that only a fully independent inquiry would “get to the truth” as to why Khan and Tanweer were not stopped despite being monitored. Fifty survivors and relatives of the 7/7 victims sign a letter renewing their calls for a public inquiry. [Guardian, 5/2/2007]

Entity Tags: David Cameron, Intelligence and Security Committee, Mohammad Sidique Khan, Shehzad Tanweer, Tony Blair

Timeline Tags: Complete 911 Timeline

May 14, 2007: Padilla Trial Begins

The trial of suspected al-Qaeda operative Jose Padilla begins in a Miami criminal court. Padilla is charged with conspiring to “murder, kidnap, and maim” people overseas. The charges include no allegations of a “dirty bomb” plot or other plans for US attacks, as have been alleged by Bush administration officials (see June 10, 2002). Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), also face charges of supporting terrorist organizations. “The defendants were members of a secret organization, a terrorism support cell, based right here in South Florida,” says prosecutor Brian Frazier in his opening statement. “The defendants took concrete steps to support and promote this violence.” Defense attorneys argue that Padilla, Hassoun, and Jayyousi are peaceful Muslims interested in studying their religion and helping their fellow Muslims in war-ravaged areas of the world. Padilla’s attorney, Anthony Natale, calls the case against his client the product of “the politics of fear” in the aftermath of the 9/11 attacks. “Political crises can cause parts of our government to overreach. This is one of those times,” he says. “He’s a young man who has been wrongly accused.” Hassoun’s attorney, Jeanne Baker, says: “The government really is trying to put al-Qaeda on trial in this case, and it doesn’t belong in this courtroom. There’s a lot of rhetoric, but there’s no evidence.” Much of the evidence against the three consists of FBI wiretaps, documents, and witness statements. One of the strongest pieces of evidence against Padilla is his application to attend an al-Qaeda training camp in Afghanistan in July 2000 (see September-October 2000). Prosecutors say Hassoun recruited Padilla when they met in a Florida mosque. “Jose Padilla was an al-Qaeda terrorist trainee providing the ultimate form of material support—himself,” says Frazier. “Padilla was serious, he was focused, he was secretive. Padilla had cut himself off from most things in his life that did not concern his radical view of the Islamic religion.” [Associated Press, 5/14/2007]

Entity Tags: Kifah Wael Jayyousi, Adham Amin Hassoun, Al-Qaeda, Anthony Natale, Brian Frazier, Bush administration (43), Jose Padilla, Jeanne Baker, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Conservative radio host Rush Limbaugh, in another of his now-famous broadsides against feminists (whom he routinely calls “femi-Nazis” and characterizes as “anti-male”), says: “I blast feminists because they’re liberal. Feminism is liberal. It screwed women up as I was coming of age in my early twenties.… It changed naturally designed roles and behaviors and basically, they’re trying to change human nature, which they can’t do.” Limbaugh’s “Life Truth No. 24” states that “feminism was established so as to allow unattractive women easier access to society.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note, “There is apparently no comparable movement to facilitate the social integration of unattractive men.” [Jamieson and Cappella, 2008, pp. 103]

Entity Tags: Rush Limbaugh, Joseph N. Cappella, Kathleen Hall Jamieson

Timeline Tags: Domestic Propaganda

Ali Abd al-Rahman al-Faqasi al-Ghamdi.Ali Abd al-Rahman al-Faqasi al-Ghamdi. [Source: Public domain]Amnesty International, Human Rights Watch, and four other organizations file a US federal lawsuit under the Freedom of Information Act seeking information about 39 people they believe have “disappeared” while held in US custody. The groups mentions 39 people who were reportedly captured overseas and then held in secret CIA prisons. The US acknowledges detaining three of the 39 but the groups say there is strong evidence, including witness testimony, of secret detention in 18 more cases and some evidence of secret detention in the remaining 18 cases. In September 2006, President Bush acknowledged the CIA had interrogated dozens of suspects at secret CIA prisons and said 14 of those were later sent to Guantanamo Bay (see September 6, 2006). At that time it was announced that there were no prisoners remaining in custody in US secret facilities (see September 2-3, 2006). However, the groups claim that in April 2007 a prisoner named Abd al-Hadi al-Iraqi was transferred from CIA custody to Guantanamo, demonstrating the system is still operating (see Autumn 2006-Late April 2007). The groups also claim that in September 2002 the US held the two children of Khalid Shaikh Mohammed (KSM), then aged seven and nine, in an adult detention center. KSM was later captured and is now held at Guantanamo; it is unknown what happened to his children. [Reuters, 6/7/2007] Some of the more important suspects named include:
bullet Hassan Ghul, said to be an important al-Qaeda courier. In 2005, ABC News reported he was being held in a secret CIA prison (see November 2005). Apparently, the CIA transferred Ghul to Pakistani custody in 2006 so he would not have to join other prisoners sent to the Guantantamo prison (see (Mid-2006)), and Pakistan released him in 2007, allowing him to rejoin al-Qaeda (see (Mid-2007)).
bullet Ibn al-Shaykh al-Libi, a high-ranking al-Qaeda leader. The same ABC News report also mentioned him. Al-Libi was secretly transferred to Libya around 2006 (see Between November 2005 and September 2006) and will die there in 2009 under mysterious circumstances (see (May 10, 2009)).
bullet Mohammed Omar Abdul-Rahman, a son of the Blind Sheikh, Sheikh Omar Abdul-Rahman. The same ABC News report also mentioned him. He was reportedly captured in Pakistan in 2003 (see February 13, 2003).
bullet Ali Abd al-Rahman al-Faqasi al-Ghamdi, a.k.a. Abu Bakr al Azdi. He is said to be a candidate 9/11 hijacker who was held back for another operation. In 2004, the 9/11 Commission reported he was in US custody.
bullet Suleiman Abdalla Salim Hemed. Wanted for involvement in the 1998 African embassy bombings, he was reportedly captured in Somalia in March 2003. Witnesses claim to have seen him in two secret US prisons in 2004.
bullet Yassir al-Jazeeri. Said to be a high-ranking al-Qaeda leader, he was reportedly captured in Pakistan in March 2003. Witnesses later saw him in a secret CIA prison (see March 15, 2003).
bullet Musaad Aruchi, a nephew of Khalid Shaikh Mohammed. He was reported captured in Pakistan in June 2004 and then taken into CIA custody (see June 12, 2004).
bullet Sheikh Ahmed Salim Swedan. Wanted for a role in the African embassy bombings, there were various reports he was captured in Pakistan in 2002 and taken into US custody (see July 11, 2002). However, it appears these reports are false, because he will allegedly be killed in Pakistan in 2009 (see January 1, 2009).
bullet Anas al-Liby, also wanted for a role in the African embassy bombings. He was reportedly captured in 2002 (see January 20, 2002- March 20, 2002) and it is suspected the US has handed him over to Egypt. [Human Rights Watch, 6/7/2007]

Entity Tags: Pacha Wazir, Sheikh Ahmed Salim Swedan, Suleiman Abdalla Salim Hemed, Yassir al-Jazeeri, Ibn al-Shaykh al-Libi, Human Rights Watch, Abd al-Hadi al-Iraqi, Ali Abd al-Rahman al-Faqasi al-Ghamdi, Amnesty International, Anas al-Liby, Hassan Ghul, Mohammed Omar Abdul-Rahman, Musaad Aruchi

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

A federal appeals court rules that “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and February 1, 2007) must be released from military custody. “To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” writes Judge Diana Gribbon Motz, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution—and the country.” She adds, “We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.” [New York Times, 6/11/2007] Motz continues, “The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Military Commissons Act Does Not Apply - The Military Commissions Act (MCA) (see October 17, 2006) does not apply to al-Marri, the court rules. [Bloomberg, 6/11/2007] Motz writes that the MCA does not apply to al-Marri and the court also rules that the government failed to prove its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the 9/11 attacks (see September 14-18, 2001), gives President Bush the power to detain al-Marri as an enemy combatant. [Associated Press, 6/11/2007] Motz also notes that even though the government says the MCA applies to al-Marri’s case, it did not follow its own guidelines under that law. The MCA requires all such detainees to be granted a Combat Status Review Tribunal (CRST) determination; all Guantanamo-based detainees have been given such a procedure. Al-Marri has not. The government did not suggest the procedure for al-Marri until the day it filed its motion to dismiss al-Marri’s case. [Christian Science Monitor, 6/13/2007] The case, al-Marri v. Wright, was filed against Navy Commander S.L. Wright, who oversees the Charleston military prison that houses al-Marri. [Bloomberg, 6/11/2007]
Government Arguments Repudiated - The 2-1 decision of the US Court of Appeals in Richmond was written for the majority by Motz. Al-Marri is the only person held on the US mainland as an enemy combatant, and has been held in isolation for four years (see August 8, 2005). The government has alleged since 2002 that al-Marri was an al-Qaeda sleeper agent sent to the US to commit mass murder and disrupt the US banking system (see June 23, 2003). Motz writes that while al-Marri may well be guilty of serious crimes, the government cannot sidestep the US criminal justice system through military detention. The al-Marri ruling apparently does not apply to enemy combatants and other detainees held without charges or legal access at the facility in Guantanamo Bay, Cuba. The dissenting judge, Henry Hudson, writes that President Bush “had the authority to detain al-Marri as an enemy combatant or belligerent” because “he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States.” Hudson is a Bush appointee. Motz and Judge Roger Gregory, the concurring judge, were appointed by former president Bill Clinton. Motz orders the Pentagon to issue a writ of habeas corpus for al-Marri “within a reasonable period of time.” The Pentagon may release him, hold him as a material witness, or charge him in the civilian court system. Al-Marri “can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely,” she writes, “But military detention of al-Marri must cease.” [New York Times, 6/11/2007; Bloomberg, 6/11/2007]
Democracy Vs. 'Police State' - Hafetz says: “We’re pleased the court saw through the government’s stunning position in this case. Had it not, the executive could effectively disappear people by picking up any immigrant in this country, locking them in a military jail, and holding the keys to the courthouse.… This is exactly what separates a country that is democratic and committed to the rule of law from a country that is a police state.” [Christian Science Monitor, 6/13/2007]
Justice Department to Challenge Decision - The Justice Department intends to challenge the decision (see June 11, 2007 and Late October-Early November, 2007). The case is expected to reach the Supreme Court, and may help define what authority the government has to indefinitely detain terror suspects and to strip detainees of their right to challenge the legality and conditions of their detention. [Associated Press, 6/11/2007] For the time being, al-Marri will remain in military custody in the Charleston naval brig. [Cincinnati Post, 6/12/2007]

Entity Tags: Diana Gribbon Motz, Combat Status Review Tribunal, Al-Qaeda, Ali Saleh Kahlah al-Marri, US Department of Justice, Henry Hudson, US Supreme Court, Jonathan Hafetz, US Department of Defense, Military Commissions Act, George W. Bush, S.L. Wright

Timeline Tags: Torture of US Captives, Civil Liberties

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. [Washington Times, 6/19/2007] Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” [Chicago Sun-Times, 6/17/2007]

Entity Tags: George W. Bush, Al-Qaeda, Ali Saleh Kahlah al-Marri, Glenn Greenwald, Bruce Fein, USA Patriot Act

Timeline Tags: Torture of US Captives, Civil Liberties

Security forces after the Sheba temple bombing.Security forces after the Sheba temple bombing. [Source: Marib Press / Associated Press]A suicide bomber drives into a convoy of Spanish tourists visiting an ancient temple in Yemen, killing eight Spaniards and two Yemenis. The attack takes place near a 3,000 year old temple dedicated to the Queen of Sheba, about 85 miles east of the capital of Sana’a. No group claims responsibility for the bombing, but less than two weeks earlier, the US embassy issued a warning for Americans to avoid the area, due to suspicions of a planned al-Qaeda attack. [Associated Press, 7/3/2007; BBC, 8/8/2007] One month later, Yemeni security forces kill some suspected al-Qaeda militants, including three men, Ali bin Ali Naser Doha, Naji Ali Jaradan, and Abdul-Aziz Saeed Jaradan, who are believed to have been involved in the bombing. One of those that is not killed is Kassem al-Raimi, an alleged top al-Qaeda operative thought to have masterminded the attack. Al-Raimi was one of many who escaped from a Yemeni prison the year before (see February 3, 2006). [BBC, 8/8/2007; Yemen Times, 8/12/2007] In several interviews after the bombing, Yemeni President Ali Abdallah Saleh will claim his government has reached a new truce with al-Qaeda. [Associated Press, 10/26/2007]

Entity Tags: Naji Ali Jaradan, Kassem al-Raimi, Ali Abdallah Saleh, Ali bin Ali Naser Doha, Abdul-Aziz Saeed Jaradan, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Manfo Kwaku Asiedu (left) and Adel Yahya (right).Manfo Kwaku Asiedu (left) and Adel Yahya (right). [Source: Metropolitan Police]Four men are found guilty of plotting to bomb London’s transport network on 21 July, 2005, two weeks after the 7/7 bombings (see July 21, 2005). After a six-month trial, the jury unanimously convicts Muktar Ibrahim, Yassin Omar, Ramzi Mohammed, and Hussain Osman, of conspiracy to murder. The four are sentenced to life imprisonment, with a minimum sentence of 40 years. Evidence included thousands of hours of CCTV film, as well as a suicide note left by Mohammed for his girlfriend and two children asking them to “rejoice in happiness.” The men had also been monitored attending a militant training camp in the Lake District in 2004 (see May 2-August 2004). No verdict is reached for two other men accused of being members of the conspiracy. The men, Adel Yahya and Manfo Kwaku Asiedu, face a retrial. [BBC, 7/10/2007] Asiedu is said to have been the fifth bomber who abandoned his bomb at the last minute. He says he went along with the plot because he feared being killed by the others. Yahya is not accused of directly taking part in the attempted bombings, but is charged with assisting the others, for example by buying some of the bomb-making materials. [BBC, 7/11/2007] Shortly before the retrial is to begin, Asiedu pleads guilty and is sentenced to 33 years in prison, while Yahya pleads guilty to a lesser charge of possessing terrorist information and is sentenced to seven years in prison. [London Times, 11/5/2007; Daily Telegraph, 11/21/2007] The defendants claim that the bombs were fakes and that the plot was a protest against the war in Iraq. Prosecutor Nigel Sweeney tells the jury that the plot “had been in existence long before the events of July 7” and was not a “hastily-arranged copycat” operation. Responding to the defense, Sweeney says: “The failure of those bombs to explode owed nothing to the intention of these defendants, rather it was simply the good fortune of the traveling public that day that they were spared.” [BBC, 7/10/2007] The judge, Justice Adrian Fulford, also dismisses the suggestion that the men did not intend to cause carnage. He says, “This was a viable and a very nearly successful attempt at mass murder.” [BBC, 7/11/2007]

Entity Tags: Ramzi Mohammed, Nigel Sweeney, Manfo Kwaku Asiedu, Hussain Osman, Muktar Ibrahim, Adel Yahya, Adrian Fulford, Yassin Omar

Timeline Tags: Complete 911 Timeline

Alberto Gonzales testifies before Congress.Alberto Gonzales testifies before Congress. [Source: Associated Press]Attorney General Alberto Gonzales lied to Congress during Congressional hearings over the reauthorization of the USA Patriot Act (see March 9, 2006). In testimony before Congress, Gonzales asserted that he knew nothing of any abuses of National Security Letters (NSLs), documents that require employers, librarians, and others to turn over information on their employees and patrons to the government, and further require that those served with NSLs remain silent about them and the information being given over. But internal FBI documents made available on this day reveal that Gonzales indeed had been briefed about such abuses. (The Justice Department is fighting two court cases from plaintiffs seeking to halt the indiscriminate and allegedly unconstitutional use of NSLs to demand information about US citizens that, by law, should remain private.) George Christian, a Connecticut librarian who fought the FBI over its demand for information about his library patrons (see July 13, 2005 and April 11, 2007), says, “Having experienced first-hand the impact of the government’s abuse of surveillance powers, it is particularly disheartening to learn more and more about the deceit surrounding that abuse. I and my colleagues were fortunate enough to have the gag order against us lifted, but thousands more believed to have received national security letters are not so lucky, and must suffer the injustice in silence. It’s bad enough that these abuses occur, but salt is added to the wound when the top law enforcement agent in the country knows about the abuses, does nothing to correct them, and then plays ignorant when confronted with them.” [American Civil Liberties Union, 7/10/2007]

Entity Tags: US Department of Justice, George Christian, Federal Bureau of Investigation, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Justice Department official Patrick Philbin testifies in a closed session of the House Intelligence Committee on the subject of interrogation tactics. Philbin testifies that each of the 24 approved interrogation tactics used by US personnel to interrogate terrorist suspects are “plainly lawful.” He notes that laws such as the Military Extraterritorial Jurisdiction Act and the Uniform Code of Military Justice define, to an extent, what is and is not torture, and prohibit excessive interrogation methods that might come under that rubric. He also notes that the US is a signatory to the Convention Against Torture (see October 21, 1994), which defines torture broadly as the intentional infliction of “severe pain or suffering” by anyone acting in an official capacity. He insists the US has done nothing to violate this treaty, nor the War Crimes Act, the Geneva Conventions, or Fifth and the Eighth Amendments to the US Constitution. Although terrorist organizations such as al-Qaeda and “extragovernmental” organizations such as the Taliban do not fall under the protection of the Geneva Conventions, Philbin argues that the US continues to follow its guidelines in its treatment of prisoners from those groups “to the extent consistent with military necessity…” [House Intelligence Committee, 7/14/2007 pdf file] However, in 2004, a classified report by the CIA’s Inspector General concluded that some of the interrogation techniques used by the CIA probably did violate the Convention Against Torture (see May 7, 2004).

Entity Tags: War Crimes Act, US Department of Justice, Uniform Code of Military Justice, Patrick F. Philbin, Geneva Conventions, Convention Against Torture, Al-Qaeda, Taliban, House Intelligence Committee, Military Extraterritorial Jurisdiction Act

Timeline Tags: Torture of US Captives, Civil Liberties

Juma al-Dosari in Saudi Arabia after his release.Juma al-Dosari in Saudi Arabia after his release. [Source: Nancy Durham / CBC]The Defense Department releases 16 Saudis being held in Guantanamo prison and returns them to Saudi Arabia. One of them is Juma al-Dosari, a dual Bahraini/Saudi citizen, and apparently a long-time al-Qaeda operative. [Gulf Daily News, 7/17/2007]
Extensive Al-Qaeda Links - Al-Dosari was known as “the closer” for recruiting new al-Qaeda operatives, and he recruited the “Lackawanna Six” in New York State while he lived in the US from 1999 to 2001. According to his 2006 Guantanamo Administrative Review Board evidence review, there is a long list of evidence tying him to al-Qaeda since he was 16-years old in 1989, just one year after al-Qaeda was founded. He fought with militants in Bosnia, Chechnya, and Tajikistan. He was arrested in Kuwait and then again in Saudi Arabia for suspected involvement in the 1996 Khobar Towers bombings (see June 25, 1996), but released without charge both times. An unnamed source claims he was involved in the 2000 USS Cole bombing (see October 12, 2000). He was arrested during the battle of Tora Bora, Afghanistan, in late 2001, and then sent to Guantanamo. US intelligence intercepted communications between him and Osama bin Laden’s son Saad bin Laden, and also him and al-Qaeda leader Khallad bin Attash (see November 2001-May 2002). [PBS Frontline, 10/16/2003; PBS Frontline, 10/16/2003; US Department of Defense, 9/13/2006 pdf file]
Release Unnoticed, Unexplained - Al-Dosari’s 2007 release goes almost entirely unnoticed by the US media, despite previous articles and books discussing his recruitment of the “Lackawanna Six.” In June 2008, retired FBI agent Peter Ahearn will comment to the Buffalo News that he is baffled that the US government never criminally prosecuted al-Dosari, and then released him. “We felt strongly that we could try him in Buffalo on criminal charges, but the Justice Department declined.” Ahearn is upset that al-Dosari “is walking around as a free man in Saudi Arabia.” [Buffalo News, 6/22/2008]
"Rehabilitated" in Saudi Arabia - Upon arriving in Saudi Arabia, al-Dosari is admitted into a “soft approach” government rehabilitation program designed to prevent militants from relapsing back into violent extremism (see 2007 and After). He is given a car, psychological therapy, a monthly allowance, help to find a job, and help to get married. He had attempted to commit suicide over a dozen times while in Guantanamo. In 2008, it will be reported that he is doing well in Saudi Arabia, with a new wife and a new job. He now says Osama bin Laden “used my religion and destroyed its reputation.” [Los Angeles Times, 12/21/2007; Gulf News, 2/22/2008]

Entity Tags: Peter Ahearn, Juma al-Dosari

Timeline Tags: Complete 911 Timeline

President Bush signs Executive Order 13440, which authorizes the CIA to continue using so-called “harsh” interrogation methods against anyone in US custody suspected of being a terrorist, or having knowledge of terrorist activities. The order relies on, and reaffirms, Bush’s classification of “al-Qaeda, Taliban, and associated forces” as “unlawful enemy combatants” who are not covered under the Geneva Conventions. The order also emphasizes that the Military Commissions Act (MCA) (see October 17, 2006) “reaffirms and reinforces the authority of the president to interpret the meaning and application of the Geneva Conventions.” The order does not include “murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking of hostages, or performing of biological experiments… other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment… any other acts of cruel, inhuman, or degrading treatment or punishment prohibited” by law. It also precludes acts of extreme humiliation “that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, [or] threatening the individual with sexual mutilation, or using the individual as a human shield.” The order also excludes acts that denigrate a detainee’s religion or religious practices. [White House, 7/20/2007] The order does not apply to the Army, which has numerous interrogators operating at Guantanamo and other US detention facilities. [Social Science Research Network, 3/18/2008] CIA Director Michael Hayden says, “We can now focus on our vital work, confident that our mission and authorities are clearly defined.” Administration officials say that because of the order, suspects now in US custody can be moved immediately into the “enhanced interrogation” program. Civil libertarians and human rights advocates are much less enamored of the new order. Human Rights Watch official Tom Malinowski says, “All the order really does is to have the president say, ‘Everything in that other document that I’m not showing you is legal—trust me.’” [Washington Post, 7/21/2007] In January 2009, President Obama will withdraw the order. [Washington Independent, 4/21/2009]

Entity Tags: US Department of the Army, Tom Malinowski, Taliban, George W. Bush, Geneva Conventions, Al-Qaeda, Barack Obama, Central Intelligence Agency, Military Commissions Act, Michael Hayden

Timeline Tags: Torture of US Captives, Civil Liberties

Representative Ron Paul, profiled in a New York Times article, answers a question about his connections to the John Birch Society (JBS—see March 10, 1961, 1978-1996, August 4, 2008 and December 2011). “Oh, my goodness, the John Birch Society!” Paul replies in what the reporter calls “mock horror.” “Is that bad? I have a lot of friends in the John Birch Society. They’re generally well educated and they understand the Constitution. I don’t know how many positions they would have that I don’t agree with. Because they’re real strict constitutionalists, they don’t like the war, they’re hard-money people.” [New York Times, 7/22/2007] The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the Society has promoted open homophobia and sexism.” [Political Research Associates, 2010; Southern Poverty Law Center, 8/17/2010]

Entity Tags: Ron Paul, John Birch Society, Dwight Eisenhower, Political Research Associates, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

Steven Bradbury, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo on what a new interpretation of the Geneva Conventions’ Common Article 3 means for the CIA’s “enhanced interrogation program.” The Bradbury memo, released after months of debate among Bush officials regarding the ramifications of the recent Supreme Court decision extending Geneva protections to enemy combatants in US custody (see June 30, 2006), new legislation following the Court’s decision (see October 17, 2006), and an executive order on interrogations (see July 20, 2007), spells out what interrogation practices the CIA can use. The memo’s existence will not become known until after the 2009 release of four Justice Department torture memos (see April 16, 2009). Michael Ratner of the Center for Constitutional Rights will say upon learning of the memo, “The CIA still seems to want to get authority to interrogate people outside of what would be found to be a violation of the Geneva Conventions and the law.” Ratner will add that the memo raises questions about why the CIA felt it needed expanded authorities for interrogations. “What we don’t know is whether, after Hamdan, that 2007 memo modifies what the CIA is able to do in interrogation techniques,” he will say. “But what’s more interesting is why the CIA thinks it needs to use those interrogation techniques. Who are they interrogating in 2007? Who are they torturing in 2007? Is that they’re nervous about going beyond what OLC has said? These are secret-site people. Who are they? What happened to them?” [Washington Independent, 4/21/2009]

Entity Tags: Geneva Conventions, Bush administration (43), Center for Constitutional Rights, Central Intelligence Agency, US Supreme Court, Michael Ratner, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives, Civil Liberties

After alleged al-Qaeda leader Muhammad Rahim al-Afghani is captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007), he is soon transferred to a secret CIA prison. He is held in the CIA’s secret prison system until March 14, 2008, when he is transferred to the US-run prison in Guantanamo, Cuba. [Los Angeles Times, 3/15/2008] It is not known when he is captured or handed to the CIA exactly, but a newspaper report on August 2, 2007, indicates he is already in US custody. [Asian News International, 8/2/2007]
Secret CIA Prison System Still Operational - It is also not known where he is held exactly. In September 2006, President Bush announced that the CIA’s secret prisons had been emptied, at least temporarily, and the remaining prisoners had been transferred to Guantanamo (see September 6, 2006 and September 2-3, 2006). Since then, there has only been one instance of anyone held in secret CIA custody, and that was Abd al-Hadi al-Iraqi, held by the CIA from autumn 2006 until April 2007 (see Autumn 2006-Late April 2007). Rahim’s custody indicates that the CIA prison system is still being used, although Rahim may be the only prisoner held in it at this time. [Los Angeles Times, 3/15/2008]
Is Rahim Interrogated Using Legally Questionable Methods? - In August and November 2007, an unnamed prisoner in a secret CIA prison is forced to stay awake for up to six days straight. This is almost certainly Rahim. The US State Department considers this treatment torture when other countries do it (see August and November 2007).

Entity Tags: Muhammad Rahim al-Afghani, Al-Qaeda, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

British Foreign Secretary David Miliband formally asks the Bush administration to release five British citizens from detention at Guantanamo. The administration will release three, but refuse to release Binyam Mohamed (see May-September, 2001 and November 4, 2005) and Shaker Aamer, citing security concerns. [Guardian, 2/5/2009]

Entity Tags: Bush administration (43), Binyam Mohamed, Shaker Aamer, David Miliband

Timeline Tags: Torture of US Captives

Mitch McConnell.Mitch McConnell. [Source: US Senate]President Bush signs the controversial Protect America Act (PAA) into law. The bill, which drastically modifies the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978), was sponsored by two Senate Republicans, Mitch McConnell (R-KY) and Christopher Bond (R-MO), but written by the Bush administration’s intelligence advisers. [US Senate, 8/5/2007; Washington Post, 8/5/2007] It passed both houses of Congress with little debate and no hearings (see August 1-4, 2007). “This more or less legalizes the NSA [domestic surveillance] program,” says Kate Martin, director of the Center for National Security Studies. [New York Times, 8/6/2007] Slate’s Patrick Radden Keefe adds ominously, “The Foreign Intelligence Surveillance Act is now dead, and it’s never coming back.” [Slate, 8/6/2007] The PAA expires in six months, the only real concession Congressional Democrats were able to secure. Though the Bush administration and its allies in Congress insist that the law gives the government “the essential tools it needs” to conduct necessary surveillance of foreign-based terrorists while protecting Americans’ civil liberties, many Democrats and civil liberties organizations say the bill allows the government to wiretap US residents in communication with overseas parties without judiciary or Congressional oversight. Bush calls the bill “a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law” that needs to be expanded and made permanent by subsequent legislation. The administration says that the lack of judiciary oversight in the new law will be adequately covered by “internal bureaucratic controls” at the National Security Agency. [Associated Press, 8/5/2007; Washington Post, 8/5/2007]
Reining in FISA - The PAA allows FISA to return “to its original focus on protecting the rights of Americans, while not acting as an obstacle to conducting foreign intelligence surveillance on foreign targets located overseas.” Before the PAA, the White House says, FISA created unnecessary obstacles in allowing US intelligence to “gain real-time information about the intent of our enemies overseas,” and “diverted scarce resources that would be better spent safeguarding the civil liberties of people in the United States, not foreign terrorists who wish to do us harm.” The PAA no longer requires the government to obtain FISA warrants to monitor “foreign intelligence targets located in foreign countries” who are contacting, or being contacted by, US citizens inside US borders. FISA will continue to review the procedures used by US intelligence officials in monitoring US citizens and foreign contacts by having the attorney general inform the FISA Court of the procedures used by the intelligence community to determine surveillance targets are outside the United States.”
Allows Third Parties to Assist in Surveillance, Grants Immunity - The PAA also allows the director of national intelligence and the attorney general to secure the cooperation of “third parties,” particularly telecommunications firms and phone carriers, to “provide the information, facilities, and assistance necessary to conduct surveillance of foreign intelligence targets located overseas.” It provides these firms with immunity from any civil lawsuits engendered by such cooperation.
Short Term Legislation - The White House says that Congress must pass further legislation to give telecommunications firms permanent and retroactive immunity against civil lawsuits arising from their cooperation with the government’s domestic surveillance program. [White House, 8/6/2006]
Temporary Suspension of the Constitution? - Representative Rush Holt (D-NJ), a member of the House Intelligence Committee, says: “I’m not comfortable suspending the Constitution even temporarily. The countries we detest around the world are the ones that spy on their own people. Usually they say they do it for the sake of public safety and security.” [Washington Post, 8/5/2007]

Entity Tags: Christopher (“Kit”) Bond, National Security Agency, Foreign Intelligence Surveillance Act, George W. Bush, Foreign Intelligence Surveillance Court, Mitch McConnell, Al-Qaeda, Terrorist Surveillance Program, Kate Martin, Patrick Radden Keefe, Rush Holt, Protect America Act

Timeline Tags: Civil Liberties

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

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

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

Hambali, circa 2008.Hambali, circa 2008. [Source: US Defense Department]Fourteen “high value” detainees held by the US in Guantanamo Bay (see March 9-April 28, 2007) are ruled to be “enemy combatants.” The detainees include 9/11 mastermind Khalid Shaikh Mohammed, 9/11 coordinator Ramzi bin al-Shibh, Jemaah Islamiyah leader Hambali, and al-Qaeda leaders Khallad bin Attash and Abd al-Rahim al-Nashiri. However, a judge had previously ruled that designating a detainee an “enemy combatant” was meaningless and that a person designated an enemy combatant could not be tried under the Military Commissions Act (see June 4, 2007). The Washington Post comments, “It is unclear if these men can be tried at military commissions without a change in the law or a newly designed review.” [Washington Post, 8/10/2007]

Entity Tags: Mohamad Farik Amin, Khallad bin Attash, Mohammed Nazir Bin Lep, Mustafa Ahmed al-Hawsawi, Ramzi bin al-Shibh, Military Commissions Act, Khalid Shaikh Mohammed, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Majid Khan, Abu Zubaida, Ali Abdul Aziz Ali, Hambali, Ahmed Khalfan Ghailani, Gouled Hassan Dourad

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

Former Nixon White House counsel John Dean considers the newly passed Protect America Act (PAA—see August 5, 2007) a dire threat to American civil liberties. Dean writes that the ire of rank-and-file Democrats with their Congressional leadership is well earned, that the Democrats meekly lined up and voted it into law after some pro forma protestations. Dean notes that editorialists from around the country, and organizations as politically disparate as the ACLU (see August 6, 2007), the Cato Institute, and the John Birch Society (see March 10, 1961 and December 2011) all agree that the new law is a serious threat to civil liberties. They all agree that the law violates the Fourth Amendment while at the same time hides its operations under the rubric of national security secrecy. Dean notes, “Congress was not even certain about the full extent of what it has authorized because President Bush and Vice President Cheney refused to reveal it.”
Executive Power Grab - Dean writes that as much of a threat as the PAA is to citizens’ privacy, it is more threatening because it is another step in the Bush administration’s push for enhancing the powers of the executive branch at the expense of the legislative and judiciary branches, a move towards a so-called “unitary executive.” Bush and Cheney have worked relentlessly “to weaken or eliminate all checks and balances constraining the executive,” Dean writes, pointing to “countless laws enacted by the Republican-controlled Congresses during the first six years of the administration, and in countless signing statements added by the president interpreting away any constraints on the Executive.” The new law “utterly fails to maintain any real check on the president’s power to undertake electronic surveillance of literally millions of Americans. This is an invitation to abuse, especially for a president like the current incumbent.”
Repairing the Damage - Dean is guardedly optimistic about the Democrats’ stated intentions to craft a new law that will supersede the PAA, which expires in February 2008, and restore some of the protections the PAA voids. Any such legislation may be quickly challenged by the Bush administration, which wants retroactive legislative immunity from prosecution for both US telecommunications firms cooperating with the government in monitoring Americans’ communications, and for government officials who may have violated the law in implementing domestic surveillance. Dean writes: “[B]efore Congress caved and gave Bush power to conduct this surveillance, he and telecommunication companies simply opted to do so illegally. Now, Bush will claim, with some justification, that because Congress has now made legal actions that were previously illegal, it should retroactively clear up this nasty problem facing all those who broke the law at his command.” Dean writes that Democrats need only do one thing to “fix [this] dangerous law: [add] meaningful accountability.” He continues: “They must do so, or face the consequences. No one wants to deny the intelligence community all the tools it needs. But regardless of who sits in the Oval Office, no Congress should trust any president with unbridled powers of surveillance over Americans. It is not the way our system is supposed to work.” [FindLaw, 8/10/2007]

Entity Tags: John Birch Society, Richard (“Dick”) Cheney, Protect America Act, Cato Institute, American Civil Liberties Union, John Dean, George W. Bush

Timeline Tags: Civil Liberties

Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real.Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real. [Source: NIN (.com)]During a concert, rock musician Ted Nugent brandishes what appears to be an assault rifle on stage and makes crude and profane comments about Senators Barack Obama (D-IL) and Hillary Clinton (D-NY), the two leading contenders for the Democratic presidential nomination.
Invitations to 'Suck on My Machine Gun' - In a video clip of the incident, Nugent waves the rifle around and shouts: “I was in Chicago. I said, ‘Hey, Obama, you might want to suck on one of these, you punk!’ Obama, he’s a piece of sh_t. I told him to suck on my machine gun. Let’s hear it for it. And I was in New York. I said, ‘Hey, Hillary, you might want to ride one of these into the sunset, you worthless b_tch!” He also invites Senator Barbara Boxer (D-CA) to “suck on my machine gun” and calls Senator Dianne Feinstein (D-CA) a “worthless wh_re.” Nugent, an enthusiastic Republican, has been a member of the National Rifle Association’s board of directors since 1995, and has frequently issued crude and profane criticisms of Democratic candidates and policies.
Fox Host Refuses to Criticize Nugent, Instead Attacks Obama - Three days later, Fox News host Sean Hannity airs a clip of the incident on his show, and, calling Nugent a “friend and frequent guest on the program,” refuses to criticize his statements. Hannity shows the clip, then says: “That was friend and frequent guest on the program Ted Nugent expressing his feelings towards Democratic presidential contenders Barack Obama and Hillary Rodham Clinton. Joining us now, Democratic strategist Bob Beckel and Republican strategist Karen Hanretty.” Hannity asks Beckel why liberals might be upset at Nugent’s rhetoric but, he says, “I don’t hear anybody criticizing Barack Obama for accusing our troops of killing civilians, air-raiding villages, et cetera, et cetera. What’s more shocking to you? What’s more offensive to you? Is it Barack Obama’s statement about our troops or Ted Nugent?” (Hannity is referring to a recent allegation he made that Obama was lying about US troops killing Afghan civilians; Hannity’s allegation was itself false—see August 21, 2007). Beckel responds: “You know, only you could figure out a way to ask a question like that. First of all, Nugent, this is a boy who’s missing a couple dogs from under his front porch. This guy has been pimping for Republicans for years now. They want him to run for Senate against Obama. I can’t believe—when the Dixie Chicks said something about George Bush, which was mild compared to this jerk, and the religious right, the Dobsons and the Robertsons, rose up in fury. You rose up in fury.” (Beckel is referring to complaints from Hannity and other conservatives that followed comments by the lead singer of the country group the Dixie Chicks that criticized President Bush—see March 10, 2003 and After.) Hannity says: “You know, typical Bob Beckel. But you can’t answer the question. I didn’t ask you that.” After a brief period of crosstalk, Beckel asks, “Are you prepared now, Sean—are you prepared to disavow this lowlife or not?” Hannity refuses, saying: “No, I like Ted Nugent. He’s a friend of mine.… [H]e’s a rock star. Yes, here’s my point. If you don’t like it, don’t go to the concert, don’t buy his new albums.” Instead, Hannity asks if Beckel’s “liberal brain can absorb” his question about Obama’s supposed lies regarding Afghanistan, and Beckel responds: “The question is not even a close call. I think Nugent was far over the line and Obama was not.… This Nugent is more offensive. This guy ought to be knocked off the air. He ought to never come on your show again, and if you have him on, you ought to be ashamed of yourself. He’s a bum!”
Hannity Has Criticized 'Hate Speech' Directed at Conservatives - Hannity apparently has different standards for different people. He has accused Clinton of indulging in “hate speech” when she talked about the existence of what she called a “vast right-wing conspiracy.” In March, he devoted an entire segment to a “list of the worst examples of liberal hate speech.” [National Ledger, 8/24/2007; Media Matters, 8/27/2007]

Entity Tags: Hillary Clinton, Barack Obama, Barbara Boxer, Dianne Feinstein, National Rifle Association, Karen Hanretty, Bob Beckel, Sean Hannity, Ted Nugent

Timeline Tags: Domestic Propaganda, 2008 Elections

Author and reporter Charlie Savage observes that the Bush administration went far beyond the Reagan-era vision of a “unitary executive” (see April 30, 1986). He writes that the administration decided early on—perhaps before taking office in January 2001—to combine the “unitary executive” theory with the older concept of the “inherent powers” of the presidency (see 1901-1909 and June 30, 1950). Savage writes: “The new and improved Unitary Executive Theory said that Congress could not regulate any executive power, but the theory said nothing about the potential scope of such power. When fused, the two theories transformed any conceivably inherent executive power into an exclusive one. The president could do virtually anything, without any check by Congress.” Savage notes that most legal experts from across the political spectrum have roundly rejected both theories, as has the Supreme Court (see June 2, 1952 and June 1988). “The Bush-Cheney administration legal team regularly ignored the existence of such precedents in its secret advisory opinions” (see November 16-17, 1987 and September 25, 2001). The Bush administration also used an unusual reading of Alexander Hamilton’s discussion of the executive branch’s “unity” in the Federalist Papers, article 70, in which Hamilton advocated that the president’s powers should not be limited by a body of lawmakers. As Savage points out, most legal scholars call this reading “extremely misleading,” and note that Hamilton was writing about the Founding Fathers’ decision to have a single president instead of an executive committee. In fact, Hamilton explicitly repudiated the idea of a “unitary executive” in Federalist 69. Savage writes: “Over and over again, the presidentialists’ most important legal writings failed to make any mention of Federalist 69, even as they selectively quoted tidbits of Federalist 70—and quoted them out of context—as proof for their power to act beyond the limits of statutes passed by Congress.” Conservative law professor Richard Epstein calls the Bush administration’s legal theory “just wrong,” and its lawyers’ failure to acknowledge Federalist 69 “scandalous.” Epstein says: “How can you not talk about Federalist 69? All you have to do is go on Google and put in ‘Federalist Papers’ and ‘commander in chief,’ and it pops up.” [Savage, 2007, pp. 124-127]

Entity Tags: Charlie Savage, Richard Epstein, Bush administration (43)

Timeline Tags: Civil Liberties

Laurie Mylroie, a neoconservative author whose theories that Saddam Hussein was responsible for the 1993 World Trade Center bombing (see October 2000) and the 9/11 attacks (see September 12, 2001 and July 2003) have been repeatedly discredited (see February 2003, July 9, 2003, and December 2003), produces a report on Iraq for the Pentagon. Reporter Justin Elliott, learning about Mylroie’s position with the Defense Department in 2009, cites Mylroie as an example of “neoconservatives… falling upward,” or “repeatedly getting important things wrong and… being handed new opportunities to pursue their work.” Mylroie’s report, “Saddam’s Foreign Intelligence Service,” follows her February 2007 study entitled “Saddam’s Strategic Concepts: Dealing With UNSCOM.” Both were produced for the Pentagon’s Office of Net Assessment [ONA], which the Washington Post has described as an “obscure but highly influential” bureau within the department. In 2009, Jacob Heilbrunn, who has written a book about neoconservatives, will say: “It’s kind of astonishing that the ONA would come even within a mile of her. I think she is completely discredited.” The New America Foundation’s Steve Clemons will add: “I’m shocked. If this came out in 2007, she was presumably working on it in 2006, and, by that time, the fate and fortunes of a lot of these people was already switching.” Heilbrunn will explain why Mylroie’s opinions are so sought after within the Pentagon, even though she has been roundly discredited: “She was one of the original fermenters of the idea that Saddam Hussein had these intimate ties with al-Qaeda.” A Defense Department spokesperson will explain Mylroie’s selection as an ONA researcher by saying, “All aspects of researchers and research institutions are considered, with an emphasis on obtaining the widest range of possible intellectual approaches in order to provide a fully balanced approach to the analysis of future developments.” As for her work with ONA, the Defense Department says, “These reports were part of a multi-scope research effort to identify the widest possible range of analysts whose expertise was likely to generate insights and concepts which would contribute to Net Assessments’ ongoing work to develop and refine trends, risks, and opportunities which will shape future (2020) national security environments.” [TPM Muckraker, 1/29/2009]

Entity Tags: Justin Elliott, Jacob Heilbrunn, US Department of Defense, Steve Clemons, Office Of Net Assessment, Laurie Mylroie

Timeline Tags: Neoconservative Influence

The Justice Department’s Brian Benczkowski answers Senator Ron Wyden (D-OR)‘s request for clarification of the terms “humane treatment” and “cruel, inhuman, and degrading treatment” as it applies to suspected terrorists in US custody. Benczkowski writes that the government uses the Military Commissions Act (MCA) (see October 17, 2006) and a recent executive order, Order #13440 (authorizing the continued use of harsh interrogation methods—see July 20, 2007) to determine how the US will comply with the Geneva Conventions. Benczkowski writes that Order 13440 and the Army Field Manual, among other guidelines, ensure that any interrogations carried out by US personnel comply with Geneva.
Geneva Does Not Clearly Define 'Humane Treatment' - He goes on to note that the term “humane treatment” is not directly defined by Geneva, but “rather provides content by enumerating the specific prohibitions that would contravene that standard.” Common Article 3, the statute in the Conventions that specifically addresses the treatment of prisoners, expressly prohibits “violence” including “murder of all kinds, mutilation, cruel treatment and torture.” It also prohibits “outrages upon personal dignity,” including “humiliating and degrading treatment.” Benczkowski writes that there is no accepted international standard as to what is defined as “humane treatment” and what is not, outside of the basic provisions of food, water, clothing, shelter, and protection from extremes of temperature. Given this standard, he writes, the Bush administration does ensure that “all detainees within the CIA program shall be treated humanely.”
Defined by Circumstances - He goes on to note that Geneva seems to grant some leeway for interpretation as to what complies with its standards, particularly in the area of “outrages upon personal dignity.” Citing a previous international tribunal, he writes, “To rise to the level of an outrage, the conduct must be ‘animated by contempt for the human dignity of another person’ and it must be so deplorable that the reasonable observer would recognize it as something that must be universally condemned.” None of the methods used by US interrogators contravenes any of these standards as the Justice Department interprets them, Benczkowski concludes. As for the question of “cruel, inhuman and degrading treatment,” or as he abbreviates it, “CIDT,” Benczkowski writes that such treatment is prohibited by the Fifth, Eighth, and Fourteenth Amendments to the US Constitution. However, circumstances determine what is and is not CIDT, he writes; even “in evaluating whether a homicide violates Common Article 3, it would be necessary to consider the circumstances surrounding the act.” The CIA interrogation program fully complies with Common Article 3, various statutes and Supreme Court decisions, and the Bill of Rights, Benczkowski asserts. [US Department of Justice, 9/27/2007 pdf file]

Entity Tags: US Department of Justice, Brian A. Benczkowski, Bush administration (43), Central Intelligence Agency, Geneva Conventions, Ron Wyden, Military Commissions Act

Timeline Tags: Torture of US Captives, Civil Liberties

For about a year until his death in July 2008 (see July 29, 2008), anthrax attacks suspect Bruce Ivins is openly followed by FBI agents in surveillance vehicles. When this begins exactly is not known, but his house is searched by the FBI on November 1, 2007 (see November 1, 2007), so presumably he is followed at least after that date. [New York Times, 8/4/2008] This tactic used on Ivins had already been controversially used on the previous primary anthrax attacks suspect, Steven Hatfill, in 2002 and 2003. One of the heads of the FBI’s anthrax investigation, Robert Roth, later admitted in court that this tactic of openly following Hatfill was against FBI guidelines. “Generally, it’s supposed to be covert,” Roth said. [Associated Press, 8/5/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins, Robert Roth

Timeline Tags: 2001 Anthrax Attacks

An anonymous chain email circulating through the Internet falsely claims that presidential candidate Barack Obama (D-IL) “was enrolled in a Wahabi school in Jakarta. Wahabism is the RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, calls the accusation intended to promote a “Manchurian Candidate-style conspiracy theory” about Obama’s birth, his religion, and his citizenship. The email accurately notes that Obama’s father was African and born a Muslim (see January 11, 2008). Obama’s stepfather was Indonesian and raised as a Muslim. However, PolitiFact notes, both men were not religiously observant (Obama has described his father as a practicing atheist). Obama’s American mother was agnostic at best. Obama has said that he grew up with virtually no religious traditions. He has been a practicing Christian for decades (see January 6-11, 2008). “Madrassa” is an Arabic word for “school,” but Americans generally understand the word to mean a school where anti-Western Islamic ideology is taught. The email falsely claims that Obama attended a “madrassa” that engaged in a “RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact notes: “Westerners typically understand Wahabism to be an austere form of Islam based on a literal reading of the Koran. So is that the type of school Obama attended?” Obama attended a secular public school in Indonesia; a press investigation found the school to be “so progressive that teachers wore miniskirts and all students were encouraged to celebrate Christmas.” The school has never taught Wahabism or any other form of “fringe” Islam. News reports accurately indicate that Obama’s school registration form lists Obama’s religion as “Muslim,” but the form has several other errors, and, PolitiFact notes, “it seems reasonable to assume that he was registered as Muslim simply because his stepfather was Muslim.” Obama also attended a Catholic school in Indonesia for several years. PolitiFact concludes that the email is “a wholesale invention designed to frighten voters.” [St. Petersburg Times, 10/1/2007]

Entity Tags: Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

Air Force Colonel Morris Davis resigns his position as the lead counsel for the military commissions trials at Guantanamo after complaining that his authority in prosecutions is being usurped for political purposes (see October 19, 2007). In particular, Davis complains about interference by Air Force Brigadier General Thomas Hartmann, a legal adviser at Guantanamo (see July 2007), and Defense Department General Counsel William J. Haynes (see October 4, 2007). [Washington Post, 10/20/2007] Davis planned on prosecuting as many as 80 of the Guantanamo detainees. There have been no trials so far, because the Supreme Court ruled the trials unconstitutional until they were reauthorized by the Military Commissions Act (see October 17, 2006). Davis has made headlines with outspoken support of the trials and his colorful characterizations of Guantanamo detainees. In March 2006, he compared detainees who challenged the trial system to vampires afraid of the harsh sunlight of US justice: “Remember if you dragged Dracula out into the sunlight, he melted? Well, that’s kind of the way it is trying to drag a detainee into the courtroom,” he told reporters. “But their day is coming.” [Miami Herald, 10/6/2007]

Entity Tags: Morris Davis, Military Commissions Act, Thomas Hartmann, US Supreme Court

Timeline Tags: Torture of US Captives, Civil Liberties

The Robert A. Taft Club, a “nativist” organization whose leader has numerous ties to racist groups, hosts Representative Ron Paul (R-TX) as its keynote speaker during an event at an Arlington, Virginia, restaurant, the Boulevard Woodgrill. According to a report by TransWorld News, Paul, a Republican presidential candidate, addresses the US’s “nation building” policies. Paul, TransWorld reports, “has been adamant about the United States dropping its interventionist approach to nation building and returning to an America First policy.” The Taft Club is led by Marcus Epstein, who is also the executive director of The American Cause, a white nationalist group headed by MSNBC commentator Pat Buchanan. He also serves as executive director of Team America PAC, a political action committee run by Buchanan’s sister Bay Buchanan and founded by former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration. Epstein writes for the openly racist, white supremacist Web site VDare.com, and is an outspoken advocate for white supremacist organizations. He is closely connected to the American Renaissance group, which the Southern Poverty Law Center (SPLC) labels an “academic racist” organization and whose journal has claimed that blacks are genetically predisposed to be psychopaths. Epstein has invited racists to speak to his group, including American Renaissance leader Jared Taylor (see January 23, 2005), Taylor’s colleague Paul Gottfried, and Robert Stacy McCain, an opponent of interracial marriage who is an editor for the Washington Times. Epstein has also invited members of a Belgian anti-immigrant group called Vlaams Belang to address the Taft Club. The SPLC writes, “It is unclear if Paul, who will be speaking about American foreign policy, is aware of Epstein’s racist ties.” Paul himself has denied ever espousing racism of any stripe (see 1978-1996). [Southern Poverty Law Center, 10/8/2007; TransWorld News, 10/11/2007; The Daily Paul, 10/13/2007; Southern Poverty Law Center, 6/3/2009] Epstein will later be convicted of assaulting an African-American woman (see May 2009).

Entity Tags: Robert A. Taft Club, Paul Gottfried, Marcus Epstein, Bay Buchanan, American Renaissance, Vlaams Belang, VDare (.com ), The American Cause, Tom Tancredo, Samuel Jared Taylor, Ron Paul, Robert Stacy McCain, Team America PAC, Patrick Buchanan, TransWorld News, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

CIA Director Michael Hayden orders an unusual internal investigation of the agency’s Office of the Inspector General (OIG), the press will later learn. The OIG, led by Inspector General John Helgerson, has conducted aggressive investigations of the CIA’s detention and interrogation programs (see May 7, 2004). Current and former government officials say that Hayden’s probe has created anxiety and anger in the OIG, and has sparked questions in Congress of possible conflicts of interest. The review is focusing on complaints that the OIG has not been, as the New York Times reports, a “fair and impartial judge of agency operations,” but instead has “begun a crusade against those who have participated in controversial detention programs.” Some current and former officials say that such a probe threatens to undermine the independence of the office. Former CIA Inspector General Frederick Hitz, who served from 1990 through 1998, says any move by Hayden to conduct a probe into the OIG would “not be proper.” Hitz calls it “a terrible idea,” and adds: “Under the statute, the inspector general has the right to investigate the director. How can you do that and have the director turn around and investigate the IG?” A CIA spokesman says Hayden’s only motive is “to help this office, like any office at the agency, do its vital work even better.” The investigation is being overseen by Robert Deitz, a trusted aide to Hayden who served with him when he ran the National Security Agency. Another member of the investigating group is Associate Deputy Director Michael Morrell. Under the law, the proper procedure for Hayden would be to file complaints with the Integrity Committee of the President’s Council on Integrity and Efficiency, which oversees all the inspectors general, or to go directly to the White House. For an internal inquiry to be launched against an agency’s OIG by the agency head violates the independence and the position of the OIG. Critics say that the timing of Hayden’s investigation is more than coincidental, as Helgerson’s office is readying a number of reports on CIA detention, interrogation, and rendition practices. [New York Times, 10/11/2007]

Entity Tags: John Helgerson, Central Intelligence Agency, Bush administration (43), Frederick Hitz, President’s Council on Integrity and Efficiency, Robert Deitz, Michael Morrell, Michael Hayden, Office of the Inspector General (CIA), New York Times

Timeline Tags: Torture of US Captives

Jamal al-Badawi in a Yemeni prison in 2005.Jamal al-Badawi in a Yemeni prison in 2005. [Source: Associated Press / Muhammed Al Qadhi]Al-Qaeda operative Jamal al-Badawi, considered one of the main planners of the USS Cole bombing (see October 12, 2000), turns himself in to Yemeni authorities on October 17, 2007. He had escaped a Yemeni prison the year before and had been sentenced to death in Yemen for his role in the bombing (see February 3, 2006). But on October 26, Yemeni authorities release him again in return for a pledge not to engage in any violent or al-Qaeda-related activity. Yemen often lets militants go free if they pledge not to attack within Yemen (see 2002 and After). The US has issued a $5 million reward for al-Badawi’s capture, but the Yemeni government refuses to extradite him. US officials are furious about the release, which is particularly galling because it comes just two days after President Bush’s top counterterrorism adviser Frances Townsend visits Yemen and praises the Yemeni government for their cooperation in fighting terrorism. The US had also just announced $20 million in new aid for Yemen, but threatens to cancel the aid due to al-Badawi’s release. Al-Badawi is put back in prison on October 29 and the aid program goes forward. However, US officials are dubious about al-Badawis’ real status. One official who visits him in prison gets the impression he was put in a prison cell just in time for the visit. [Newsweek, 10/27/2007; Newsweek, 10/31/2007; New York Times, 1/28/2008] In December 2007, a Yemeni newspaper reports that al-Badawi has again been seen roaming free in public. One source close to the Cole investigation will tell the Washington Post in 2008 that there is evidence that al-Badawi is still allowed to come and go from his prison cell. US officials have demanded to be able to conduct random inspections to make sure he stays in his cell, but apparently the Yemeni government has refused the demand. [Washington Post, 5/4/2008]

Entity Tags: Jamal al-Badawi, Frances Townsend

Timeline Tags: Complete 911 Timeline

Attorney general nominee Michael Mukasey uses an anecdote about a cell phone battery to argue that the current legal system is poorly equipped to fight Islamic terrorism. The anecdote is told during his confirmation hearings, but he previously used it in an op-ed for the Wall Street Journal in August. Mukasey says that during Ramzi Yousef’s trial for the 1993 World Trade Center bombing: “[S]omebody testified to somebody having delivered a cell phone battery to someone else. That piece of testimony disclosed to al-Qaeda that a line of communication of theirs had been compromised and, in fact, was one of communication that our government was monitoring and from which it had gotten enormously valuable intelligence. That line of communication shut down within days of that testimony and I don’t know what we lost. Nobody knows what we lost. But we probably lost something enormously valuable.” Mukasey does not say which of Yousef’s two trials the testimony was at. [Wall Street Journal, 8/22/2007; CQ Transcripts Wire, 10/18/2007] This incident is not known and is not confirmed by other sources. It is unclear who the two militants were, and why the militant who received the cell phone battery would be unable to purchase it himself. Osama bin Laden is said to have received a doctored battery for his satellite (not cell) phone in Afghanistan, and this is said to have helped the US track him (see May 28, 1998). However, this apparently happened after Yousef was sentenced in the last of the two cases to come to trial, so it is unclear how this could have been mentioned at the trial (see January 8, 1998). A rumor later circulated that bin Laden had stopped using the satellite phone with the allegedly doctored battery based on a leak of intelligence to the press, but that appears to be an urban myth (see Late August 1998).

Entity Tags: Michael Mukasey

Timeline Tags: Complete 911 Timeline

Neoconservative founder Norman Podhoretz, a senior foreign adviser to Republican presidential frontrunner Rudolph Giuliani, says the US has no other choice than to bomb Iran. Podhoretz says heavy and immediate strikes against Iran are necessary to prevent that country from developing nuclear weapons. “None of the alternatives to military action—negotiations, sanctions, provoking an internal insurrection—can possibly work,” Podhoretz says. “They’re all ways of evading the terrible choice we have to make which is to either let them get the bomb or to bomb them.” Podhoretz says that such strikes would be effective: “People I’ve talked to have no doubt we could set [Iran’s nuclear program] five or 10 years. There are those who believe we can get the underground facilities as well with these highly sophisticated bunker-busting munitions.” (Podhoretz does not identify the people he has “talked to.”) “I would say it would take five minutes. You’d wake up one morning and the strikes would have been ordered and carried out during the night. All the president has to do is say go.” Giuliani has echoed Podhoretz’s belligerence towards Iran; last month, Giuliani told a London audience that Iran should be given “an absolute assurance that, if they get to the point that they are going to become a nuclear power, we will prevent them or we will set them back five or 10 years.” Podhoretz says he was pleasantly surprised to hear Giuliani make such assertions: “I was even surprised he went that far. I’m sure some of his political people were telling him to go slow…. I wouldn’t advise any candidate to come out and say we have to bomb—it’s not a prudent thing to say at this stage of the campaign.” Podhoretz has given President Bush much the same advice (see Spring 2007).
'Irrational' 'Insanity' - Nation editor Katrina vanden Heuvel blasts the “immorality and illegality” of Podhoretz’s “death wish,” and notes that such “military action would be irrational for both sides. The US military is already stretched to the breaking point. We’d witness unprecedented pandemonium in oil markets. Our troops in Iraq would be endangered.” Vanden Heuvel cites the failure to destroy Saddam Hussein’s Scud missiles during six weeks of bombings in 1991 (see January 16, 1991 and After), and the failure of the Israeli bombing of Iraq’s Osirak reactor (see June 7, 1981) to curb “regional [nuclear] proliferation.” She concludes, “Podhoretz and his insanity will embolden Iranian hardliners, plunge the region into even greater and darker instability and undermine our security.” [Nation, 10/28/2007]
Giuliani's Stable of Neocons - Since July 2007, Giuliani has surrounded himself with a group of outspoken hardline and neoconservative foreign policy advisers (see Mid-July 2007).

Entity Tags: Norman Podhoretz, Katrina vanden Heuvel, Saddam Hussein, George W. Bush, Rudolph (“Rudy”) Giuliani

Timeline Tags: US confrontation with Iran, Neoconservative Influence

On the eve of a visit to London, King Abdullah of Saudi Arabia says that his intelligence service warned Britain of an impending plot before the 7/7 London bombings (see July 7, 2005), but that British authorities failed to act on the warning. King Abdullah says, “We sent information to [Britain] before the terrorist attacks in Britain but unfortunately no action was taken. And it may have been able to maybe avert the tragedy.” He also says that Britain did not take terrorism seriously for a while. However, British authorities deny all this. [BBC, 10/29/2007] Details of the warning are not specified. However, this may be a reference to one or two discussions between Saudi Arabia and Britain in early 2005 about information indicating there was to be an attack in London (see December 14, 2004-February 2005 and April 2005 or Shortly Before).

Entity Tags: Abdullah bin Abdulaziz al-Saud

Timeline Tags: Complete 911 Timeline

A federal appeals court hears the case of alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, who was the victor in a recent court decision that ruled he could no longer be held in military detention with no access to the US court system (see June 11, 2007). Al-Marri’s lawyer, Jonathan Hafetz, asks the Fourth US Court of Appeals to uphold the recent verdict, which was rendered by a three-judge panel from the same court. Now the entire court is reconsidering the case at the government’s request. Hafetz says the court must uphold the decision. “To rule otherwise is to sanction a power the president has never had and was never meant to have.”
Authorization for the Use of Military Force - Judge Paul Neimeyer, a George H. W. Bush appointee, challenges Hafetz’s assertion that al-Marri cannot be held in military custody because he was not captured on a battlefield; to make such a claim would mean “25 or 30 terrorists could sneak into the US” and the military could not stop them. Justice Department lawyer Gregory Garre makes the same argument that the appeals court panel rejected—that Congress gave the president the authority to seize and detain anyone affiliated with al-Qaeda, regardless of where they were captured, when it passed its Authorization for the Use of Military Force (AUMF) after the 9/11 attacks (see September 14-18, 2001). Judge J. Harvie Wilkinson, appointed to the bench by former president Ronald Reagan, says that Congress could appeal or revise the AUMF whenever it likes. [Associated Press, 10/31/2007] Wilkinson acknowledges that many have concerns that the AUMF “may have authorized some sweeping detention problem… [, b]ut people are not being swept off the streets of Omaha.” Judge Diana Gribbon Motz interjects, “No, it was Peoria.”
Question of Constitutionality - Wilkinson wonders why the “carefully targeted response by the government” has created “all this hoopla?” Comparing the detention of al-Marri and another enemy combatants, Jose Padilla, to the round-ups of German-Americans during World War I and of Japanese-Americans during World War II, Wilkinson asks if “we’ve lost our sense of perspective.” Judge Roger Gregory says: “The calculus for determining constitutionality is not whether we have a good king or a bad king. It’s not whether he stays his hand in generosity.” Motz and Gregory were the majority judges in the June decision. When Garre argues that al-Marri had ample opportunity to challenge his detention, and “squandered” those opportunities, Judge William Traxler asks, “How does a person who’s held incommunicado challenge” his detention? [Baltimore Daily Record, 11/1/2007]

Entity Tags: US Department of Justice, Roger Gregory, William Traxler, Ronald Reagan, Paul Neimeyer, Jonathan Hafetz, Ali Saleh Kahlah al-Marri, Al-Qaeda, Jose Padilla, Diana Gribbon Motz, Gregory Garre, J. Harvie Wilkinson, George Herbert Walker Bush

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: 2001 Anthrax Attacks

Saudi Arabia’s national security adviser Prince Bandar bin Sultan says that before 9/11 the Saudi government was “actively following” most of the 19 hijackers “with precision.” Prince Bandar, formerly Saudi ambassador to the US, also says that the information Saudi Arabia had may have been sufficient to prevent 9/11: “If US security authorities had engaged their Saudi counterparts in a serious and credible manner, in my opinion, we would have avoided what happened.” A US official says that the statement made by Prince Bandar should be taken with a grain of salt. [CNN, 11/2/2007] Saudi officials had previously said that they watchlisted two of the Saudi hijackers, Nawaf Alhazmi and Khalid Almihdhar, in the late 1990s (see 1997 and Late 1999) and their interest in Nawaf Alhazmi may have led them to his brother, Salem. All three of these hijackers were also tracked by the US before 9/11 (see Early 1999, January 5-8, 2000, Early 2000-Summer 2001 and 9:53 p.m. September 11, 2001).
Saudi Tracking - Almost a year after Prince Bandar makes this claim, author James Bamford will offer information corroborating it. Bamford will write that Saudi officials placed an indicator in some of the hijackers’ passports and then used the indicator to track them. The Saudis did this because they thought the hijackers were Islamist radicals and wanted to keep an eye on their movements. [Bamford, 2008, pp. 58-59] Details of the tracking by the Saudis are sketchy and there is no full list of the hijackers tracked in this manner. According to the 9/11 Commission, Almihdhar and the Alhazmi brothers had indicators of Islamist extremism in their passports. [9/11 Commission, 8/21/2004, pp. 33 pdf file] Two other hijackers may also have had the same indicator. [9/11 Commission, 7/24/2004, pp. 564]
The three who had the indicator are: -
bullet Nawaf Alhazmi, who obtained a passport containing an indicator in the spring of 1999 (see March 21, 1999), and then left Saudi Arabia (see After Early April 1999).
bullet Khalid Almihdhar, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 6, 1999 and June 1, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, Late 2000-February 2001, May 26, 2001, and July 4, 2001).
bullet Salem Alhazmi, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 4, 1999 and June 16, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, November 2000, June 13, 2001, and (Between June 20 and June 29, 2001)).
The two who may also have had the indicator are: -
bullet Ahmed Alhaznawi, who obtained a passport possibly containing an indicator before mid-November 2000 (see Before November 12, 2000) and then repeatedly entered and left Saudi Arabia (see After November 12, 2000, (Between May 7 and June 1, 2001), and June 1, 2001).
bullet Ahmed Alnami, who obtained passports possibly containing an indicator in late 2000 and spring 2001 (see November 6, 1999 and April 21, 2001) and then repeatedly entered and left Saudi Arabia (see Mid-November, 2000 and May 13, 2001).
What the indicator actually looks like in the passports is not known.

Entity Tags: Bandar bin Sultan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem.Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem. [Source: Time]A chain email circulating around the Internet falsely claims Senator Barack Obama (D-IL), campaigning for president, “refused” to say the Pledge of Allegiance during an event and failed to put his hand over his heart. A photograph with the email shows Obama standing in front of an American flag with his hands clasped just below his waist. Fellow presidential contenders Hillary Clinton (D-NY) and Bill Richardson (D-NM) stand beside him with their hands over their hearts. The email, noting Obama’s middle name is Hussein, claims Obama “REFUSED TO NOT ONLY PUT HIS HAND ON HIS HEART DURING THE PLEDGE OF ALLEGIANCE, BUT REFUSED TO SAY THE PLEDGE… how in the hell can a man like this expect to be our next Commander-in-Chief????” The photograph was not taken during the saying of the pledge, but during the singing of the “Star-Spangled Banner.” It was taken on September 16, 2007 in Indianola, Iowa, at the Harkin Steak Fry, an annual political event hosted by Senator Tom Harkin (D-IA). The photo was printed in Time magazine; the caption said Obama and the others “stand during the national anthem.” Matt Paul, who helped organize the event, confirms that the photo was taken as someone sang the national anthem. Additionally, an ABC News video of the event confirms the photo was taken during the anthem. The email claims that “the article said” Obama refused to say the pledge and would not put his hand on his heart, but the article said nothing of the sort. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, attempts to find another article making the same claim, but only finds blog postings repeating the email’s original assertion. Obama has said the email is false, and that he was singing during the anthem, a claim verified by the ABC video. “My grandfather taught me how to say the Pledge of Allegiance when I was two,” Obama recently said on another campaign stop in Iowa. “During the Pledge of Allegiance you put your hand over your heart. During the national anthem you sing.” He called the email “irritating” and likened it to others that have falsely said he is a Muslim (see October 1, 2007, December 19, 2007, and January 11, 2008). The Obama campaign has received strong support from a number of retired military leaders. “Senator Obama’s attackers are peddling lies and smears because they disagree with his strong opposition to the war in Iraq and the rush to war in Iran,” writes former Secretary of the Navy Richard Danzig, in a letter cosigned by retired General Merrill “Tony” McPeak and General J. Scott Gration. “We have served this nation for decades and we know a true patriot when we see one. Barack Obama is a patriot.” Some conservative bloggers have noted their belief that federal law for “patriotic and national observances” says that during the Star-Spangled Banner, “all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart.” The citation is not a formal law, and experts say it is somewhat obsolete, though it is still cited in some military manuals. Modern custom does not require a hand over the heart, says Anne Garside, director of communication for the Maryland Historical Society, home of the original manuscript of the Star-Spangled Banner. “I think the bottom line is that you show respect with your demeanor,” she says. “Whether you put your hand over your heart, hold your hat at shoulder level or waist level, is really in this day and age irrelevant.” [Time, 9/16/2007; ABC News, 11/7/2007; St. Petersburg Times, 11/8/2007]

Entity Tags: Tom Harkin, Tony McPeak, Richard Danzig, Matt Paul, ABC News, PolitiFact (.org ), Anne Garside, Bill Richardson, Barack Obama, Hillary Clinton, J. Scott Gration

Timeline Tags: Domestic Propaganda

Senator John McCain (R-AZ), considered a leading candidate for the Republican presidential nomination, says former New York Police Commissioner Bernard Kerik did an irresponsible job training police officers in Iraq (see May 2003 - July 2003). McCain’s criticism of Kerik is an indirect means of attacking former New York City Mayor Rudolph Giuliani, another Republican presidential contender. Kerik withdrew his name from consideration for head of the Department of Homeland Security—a position Giuliani recommended him for—amid questions about his corrupt business practices (see December 13, 2004). McCain, whose comments are made the same day Kerik surrenders to face federal corruption charges in New York, says Giuliani’s longtime friendship and business relationships with Kerik are reason to doubt Giuliani’s judgment. McCain says of Kerik’s job performance in Iraq: “I don’t know Mr. Kerik. I do know that I went to Baghdad shortly after the initial victory and met in Baghdad with [then-ambassador Paul] Bremer and [Lieutenant General Ricardo] Sanchez. And Kerik was there. Kerik was supposed to be there to help train the police force. He stayed two months and one day left, just up and left.… That’s why I never would’ve supported him to be the head of homeland security because of his irresponsible act when he was over in Baghdad to try and help train the police. One of the reasons why we had so much trouble with the initial training of the police was because he came, didn’t do anything, and then went out to the airport and left.” McCain is joined on the campaign trail by former DHS Secretary Tom Ridge, who says of Giuliani: “It was clear the mayor and I had a different view what the department does and the kind of leadership it needed. His judgment would’ve been different than mine.… We’re not talking about some urban city patronage job. That’s not what a Cabinet secretary’s about.” [Associated Press, 11/9/2007]

Entity Tags: US Department of Homeland Security, Bernard Kerik, John McCain, Rudolph (“Rudy”) Giuliani, Tom Ridge

Timeline Tags: Iraq under US Occupation

The CIA “erroneously” misled the court and the lawyers involved in the ongoing prosecution of 9/11 suspect Zacarias Moussaoui (see April 22, 2005), it admits in a letter released today. In court declarations on May 9, 2003 and on November 14, 2005, the CIA stated it had no recordings of interrogations of “enemy combatants.” Now it admits it had two video tapes and one audio tape. Moussaoui’s lawyers want the tapes as part of his defense. The federal prosecutors say they just recently learned of the tapes, but they have been assured by the CIA that the tapes have no bearing on Moussaoui’s case, and no one on the tapes mentions either Moussaoui or the 9/11 plot. The prosecutors assert that, while the CIA errors are “unfortunate,” no harm was done to Moussaoui, who pled guilty and is serving a life sentence for his complicity in the attacks (see May 3, 2006). The letter, which has been heavily censored for public consumption, reads in part, “We bring the errors to the court’s attention… as part of our obligation of candor to the court.… The government will promptly apprise the court of any further developments.” [Reuters, 11/13/2007]

Entity Tags: Central Intelligence Agency, Zacarias Moussaoui

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

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

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

Timeline Tags: 2001 Anthrax Attacks

Neoconservative eminence grise Norman Podhoretz, who recently advocated an all-out military strike against Iran (see October 28, 2007), claims that the recently released National Intelligence Estimate on Iran (see December 3, 2007) is an attempt by the US intelligence community to avoid making the same mistakes with weapons of mass destruction that it made in Iraq. Podhoretz rightly notes that in May 2005, the intelligence community assured the administration in an NIE that Iraq was pushing towards developing a nuclear weapon. Podhoretz writes that he suspects the intelligence community, “having been excoriated for supporting the then universal belief that Saddam [Hussein] had weapons of mass destruction, is now bending over backward to counter what has up to now been a similarly universal view… that Iran is hell-bent on developing nuclear weapons.” Podhoretz then presents what he calls “an even darker suspicion… that the intelligence community, which has for some years now been leaking material calculated to undermine George W. Bush, is doing it again.” [Commentary, 12/3/2007]

Entity Tags: Norman Podhoretz, George W. Bush

Timeline Tags: US confrontation with Iran

A group of supporters of Representative Ron Paul (R-TX) and his nascent presidential campaign hold what they call a “tea party moneybomb” on the 234th anniversary of the Boston Tea Party, in an event dubbed “Boston TeaParty07.” Paul is a libertarian Republican with extensive ties to far-right organizations (see July 22, 2007 and August 4, 2008). According to the group Campaign for Liberty, the event raises $4.3 million, the most money ever raised by a Republican presidential candidate in a single day. (The previous record was also held by Paul, who raised $4.2 million on November 5, 2007, Guy Fawkes Day.) The donations come mostly over the Internet. Event spokesperson Rachael McIntosh says: “This basically shows that Ron Paul is a viable candidate. People are so engaged in this campaign because it’s coming from the grass-roots.” Supporters call themselves members of the “Ron Paul Revolution.” One supporter waves a “Don’t Tread on Me” flag while marching down Beacon Street. One participant, Linda Poole, came from her home in Macon, Georgia, to attend the rally. “I’ve been supporting Ron Paul since May and following him since 2005,” she says. If the “founding fathers” were alive today, she adds, “Ron Paul is the only person they would vote for.” The ralliers listen to speeches by Paul’s son Rand Paul, libertarian gubernatorial candidate Carla Howell, and others. At the end of the rally, participants re-enact the dumping of tea into Boston Harbor by throwing banners reading “tyranny” and “no taxation without representation” into boxes that were placed in front of an image of the harbor. “They’re trying to get the attention of the mainstream media, almost like a child that is acting up, trying go get the attention of their parent,” McIntosh says. His Campaign for Liberty will become one of the primary groups associated with the burgeoning “tea party” movement (see August 24, 2010), and this “tea party moneybomb” is later considered one of the earliest moments leading up to the foundation of the movement. [Boston Globe, 12/16/2007; Institute for Research & Education on Human Rights, 8/24/2010]

Entity Tags: Ron Paul, Rachael McIntosh, Carla Howell, Linda Poole, Campaign for Liberty, Rand Paul

Timeline Tags: Domestic Propaganda, 2008 Elections

Page 19 of 25 (2500 events)
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