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Context of 'April 9, 2008: Top Bush Officials Approved Specific Torture Techniques, Media Learns'

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In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Albert Biderman, an Air Force sociologist, publishes a study that notes how “brainwashing” had been achieved by depriving prisoners of sleep, exposing them to intense cold, and forcing them into excruciatingly painful “stress positions” for long periods of time. Biderman’s study is based on techniques used by Chinese Communist interrogators against US prisoners of war, which produced little real intelligence but excelled in producing false confessions (see December 2001). In 2002, Biderman’s study will become the basis of a interrogators’ training class for use against detainees at Guantanamo (see July 2002). [Vanity Fair, 12/16/2008]

Entity Tags: US Department of the Air Force, Albert Biderman

Timeline Tags: Torture of US Captives

Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’ [Source: Cinema Forever (.com)]The French novel Les Centurions, by Jean Larteguy, features an early version of the so-called “ticking time bomb” scenario, in which torture is used to force critical information from a prisoner. The book, set during France’s occupation of Algeria, features a hero who beats up a female Arab dissident in order to learn the location of bombs planted throughout the city of Algiers. The hero uses the information gleaned from the beating of the woman to find and defuse the bombs. The book will be made into a 1966 film, Lost Command, starring Anthony Quinn. [Cinema Forever, 2009; National Public Radio, 5/5/2009]

Entity Tags: Anthony Quinn, Jean Larteguy

Timeline Tags: Torture of US Captives

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

The cover of ‘Saddam Hussein and the Crisis in the Gulf.’The cover of ‘Saddam Hussein and the Crisis in the Gulf.’ [Source: Laurie Mylroie (.com)]Neoconservative academic Laurie Mylroie and New York Times reporter Judith Miller—“a dear friend” of neoconservative Richard Perle, as Perle later says—collaborate on a so-called “instant” book, Saddam Hussein and the Crisis in the Gulf. The book is designed to hit bookstores concurrent with the escalating tensions in the Persian Gulf (see April 1990 and August 2, 1990). It also reflects Mylroie’s beliefs that Hussein is responsible for virtually all Islamist terrorism (see October 2000 and July 9, 2003), and advocates the US overthrow of Hussein. [Unger, 2007, pp. 252]

Entity Tags: Judith Miller, Saddam Hussein, Richard Perle, Laurie Mylroie

Timeline Tags: Neoconservative Influence

The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]

Entity Tags: Richard A. Clarke, William Jefferson (“Bill”) Clinton, Albert Arnold (“Al”) Gore, Jr., Lloyd Cutler

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Bomb damage in underground levels of the WTC in 1993.Bomb damage in underground levels of the WTC in 1993. [Source: Najlah Feanny/ Corbis]An attempt to topple the World Trade Center in New York City fails, but six people are killed and over 1,000 injured in the misfired blast. The explosion is caused by the detonation of a truck bomb in the underground parking garage. An FBI explosives expert will later state, “If they had found the exact architectural Achilles’ heel or if the bomb had been a little bit bigger, not much more, 500 pounds more, I think it would have brought her down.” Ramzi Yousef, who has close ties to Osama bin Laden, organizes the attempt. [Village Voice, 3/30/1993; US Congress, 2/24/1998] The New York Times will report on Emad Salem, an undercover agent who will be the key government witness in the trial against Yousef. Salem will testify that the FBI knew about the attack beforehand and told him it would thwart the attack by substituting a harmless powder for the explosives. However, an FBI supervisor called off this plan and the bombing was not stopped. [New York Times, 10/28/1993] Other suspects were ineptly investigated before the bombing as early as 1990. Several of the bombers were trained by the CIA to fight in the Afghan war and the CIA will conclude, in internal documents, that it was “partly culpable” for this bombing (see January 24, 1994). [Independent, 11/1/1998] 9/11 mastermind Khalid Shaikh Mohammed is an uncle of Yousef and also has a role in the bombing (see March 20, 1993). [Independent, 6/6/2002; Los Angeles Times, 9/1/2002] One of the bombers even leaves a message, which will be found by investigators, stating, “Next time, it will be very precise.” [Associated Press, 9/30/2001]

Entity Tags: Khalid Shaikh Mohammed, Federal Bureau of Investigation, Ramzi Yousef, Osama bin Laden, World Trade Center, Emad Salem, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sam Karmilowicz, a security officer at the US embassy in Manila, Philippines, will later claim that on September 18, 1994 the embassy receives a call from an anonymous person speaking with a Middle Eastern accent that there is a plot to assassinate President Clinton, who is scheduled to visit Manila from November 12 through 14, 1994. The caller says that a Pakistani businessman named Tariq Javed Rana is one of the leaders of the plot. Further, Rana is using counterfeit US money to help pay for the plot. An interagency US security team is immediately notified and begins investigating the threat. A few weeks later, Karmilowicz is told by members of this team that the plot was a hoax. Clinton comes to the Philippines as scheduled and no attack takes place. [CounterPunch, 3/9/2006] However, bomber Ramzi Yousef moved to the Philippines in early 1994, along with his uncle Khalid Shaikh Mohammed (KSM) and associate Wali Khan Amin Shah. [Los Angeles Times, 9/1/2002] Yousef will later confess to FBI agents that he planned to assassinate Clinton by blowing up his motorcade with a missile or explosives, but gave up because the security was so tight. Shah will also confess to this plot and add that the order to kill Clinton came from bin Laden. [Guardian, 8/26/1998] CNN will report in 1998, “The United States was aware of the planned attempt before the president left for the Philippines and as a result, security around the president was intensified.” [CNN, 8/25/1998] Secret Service sources will later report that large sums of counterfeit US currency were entering the Philippines during the time of the plot. Karmilowicz will conclude that the warning about the assassination was accurate and that Tariq Rana was involved in the plot. CNN reporter Maria Ressa will later tell Karmilowicz that her sources in the Philippine intelligence and police believe that Rana is a close associate of Yousef and KSM. Additionally, her sources believe Rana is connected to the Pakistani ISI. [CounterPunch, 3/9/2006] Rana will be monitored by Philippines police and eventually arrested in April 1995 (see December 1994-April 1995).

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Khalid Shaikh Mohammed, Osama bin Laden, Ramzi Yousef, US intelligence, Tariq Javed Rana, Sam Karmilowicz, Maria Ressa, Wali Khan Amin Shah, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

One of Ramzi Yousef’s timers seized by Philippines police in January 1995.One of Ramzi Yousef’s timers seized by Philippines police in January 1995. [Source: Peter Lance]Responding to an apartment fire, Philippine investigators uncover an al-Qaeda plot to assassinate the Pope that is scheduled to take place when he visits the Philippines one week later. While investigating that scheme, they also uncover Operation Bojinka, planned by the same people: 1993 WTC bomber Ramzi Yousef and 9/11 mastermind Khalid Shaikh Mohammed (KSM). [Independent, 6/6/2002; Los Angeles Times, 6/24/2002; Los Angeles Times, 9/1/2002] Many initial reports after 9/11 will claim the fire was accidental and the police discovery of it was a lucky break, but in 2002 the Los Angeles Times will report that the police started the fire on purpose as an excuse to look around the apartment. In the course of investigating the fire, one of the main plotters, Abdul Hakim Murad, is arrested. [Los Angeles Times, 9/1/2002] The plot has two main components. On January 12, Pope John Paul II is scheduled to visit Manila and stay for five days. A series of bombs along his parade route would be detonated by remote control, killing thousands, including the Pope. Yousef’s apartment is only 500 feet from the residence where the Pope will be staying. [Reeve, 1999, pp. 78; Lance, 2006, pp. 138] Then, starting January 21, a series of bombs would be placed on airplanes. [Insight, 5/27/2002] Five men, Yousef, Wali Khan Amin Shah, Abdul Hakim Murad, Abd al-Karim Yousef (a.k.a., Adel Anon, Yousef’s twin brother), and Khalid Al-Shaikh (thought to be an alias for KSM) would depart to different Asian cities and place a timed bomb on board during the first leg of passenger planes traveling to Los Angeles, San Francisco, Honolulu, and New York. They would then transfer to another flight and place a second bomb on board that flight. In all, 11 to 12 planes would blow up in a two day period over the Pacific. If successful, some 4,000 people would have been killed. [Agence France-Presse, 12/8/2001; Insight, 5/27/2002; Contemporary Southeast Asia, 12/1/2002] According to another account, some of the bombs would be timed to go off weeks or even months later. Presumably worldwide air travel could be interrupted for months. [Lance, 2003, pp. 260-61] A second wave of attacks involving crashing airplanes into buildings in the US would go forward later, once the pilots are trained for it (see February-Early May 1995).

Entity Tags: Abd al-Karim Yousef, Khalid Shaikh Mohammed, Ramzi Yousef, Wali Khan Amin Shah, Operation Bojinka, Al-Qaeda, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

While Bojinka plotter Abdul Hakim Murad is being interrogated by Philippine Colonel Rodolfo Mendoza (see February-Early May 1995), he mentions that he had pilot training in the US and ten other operatives are being trained to fly in the US. The second wave of the Bojinka plot required many suicide pilots. Mendoza will later recall that Murad said, “There is really formal training [going on] of suicide bombers. He said that there were other Middle Eastern pilots training and he discussed with me the names and flight training schools they went to.” Murad also mentioned some of their targets had already been picked and included CIA headquarters, the Pentagon, and an unidentified nuclear facility. [Lance, 2003, pp. 279] The ten other men who met him at US flight schools or were getting similar training came from Sudan, United Arab Emirates, Saudi Arabia, and Pakistan. The names of these men have never been publicly released, but apparently none of them match the names of any of the 9/11 hijackers. The Associated Press will later report, “The FBI interviewed people at the flight schools highlighted by Filipino police but did not develop evidence that any of the other Middle Easterners other than Murad were directly plotting terrorism. With no other evidence of a threat, they took no further action…” [Associated Press, 3/5/2002] Murad also revealed that between November 1991 and July 1992, he had trained at four different flight schools in the US. His friend Nasir Ali Mubarak and another man named Abdullah Nasser Yousef were roommates with Murad as they trained at the same schools at the same time. Mubarak appears to be one of Murad’s ten pilots, because he had served in the United Arab Emirates air force and the Associated Press mentioned one of the ten was “a former soldier in the United Arab Emirates.” [Associated Press, 3/5/2002; San Francisco Chronicle, 6/16/2002; San Francisco Chronicle, 1/12/2003] Richard Kaylor, the manager of Richmor Aviation in Albany, New York, later says that FBI agents interviewed him in 1996 about the three men who studied at his school. He says he was told that the FBI was first alerted to his flight school after a Richmor business card was found in the Philippines apartment where Murad, Ramzi Yousef, and KSM had lived. But that is the only time the FBI interviewed him on these matters before 9/11. [Washington Post, 9/30/2001] An assistant manager at Richmor will later say of Murad and his roommates, “Supposedly they didn’t know each other before, they just happened to show up here at the same time. But they all obviously knew each other.” [Associated Press, 3/5/2002] The FBI investigates Mubarak in 1995 and does not find that he has any ties to terrorism. Mubarak will continue to openly live and work in the US, marrying an American woman. He will claim the FBI never interviewed him until hours after the 9/11 attacks, so apparently the ten named by Murad may not have been interviewed in 1995 after all. He will be deported in 2002, apparently solely because of his association with Murad ten years earlier. Nothing more is publicly known about Abdullah Nasser Yousef. [San Francisco Chronicle, 1/12/2003] Murad will also mention to the FBI a few months later that future 9/11 mastermind Khalid Shaikh Mohammed (KSM) had a valid US visa and has been thinking about learning to fly in the US. Murad says he had recommended Richmor Aviation to KSM (see April-May 1995). There appears to have been little knowledge of Murad’s ten pilot claim inside US intelligence before 9/11; for instance FBI agent Ken Williams will not mention it in his July 2001 memo about suspected militants training in US flight schools (see July 10, 2001).

Entity Tags: Abdullah Nasser Yousef, Richmor Aviation, Khalid Shaikh Mohammed, Rodolfo Mendoza, Abdul Hakim Murad, Nasir Ali Mubarak

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ramzi Yousef apprehended.Ramzi Yousef apprehended. [Source: Public domain]Ramzi Yousef is arrested in Pakistan, in a safe house owned by Osama bin Laden (see February 1992-February 7, 1995). At the time, Yousef’s uncle Khalid Shaikh Mohammed is staying in the same building and brazenly gives an interview to Time magazine as “Khalid Sheikh,” describing Yousef’s capture. [Lance, 2003, pp. 328] Yousef had recruited Istaique Parker to implement a limited version of Operation Bojinka, but Parker got cold feet and instead turned in Yousef (see February 3-7, 1995). [Lance, 2003, pp. 284-85] Robert I. Friedman, writing for New York magazine, will later report that at this time the CIA “fought with the FBI over arresting Yousef in Pakistan—the CIA reportedly wanted to continue tracking him—and President Clinton was forced to intervene.” [New York Magazine, 3/17/1995] Yousef is rendered to the US the next day and makes a partial confession while flying there (see February 8, 1995).

Entity Tags: Ramzi Yousef, Operation Bojinka, Federal Bureau of Investigation, Istaique Parker, Central Intelligence Agency, Khalid Shaikh Mohammed, Clinton administration

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 pdf file] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]

Entity Tags: Mukhabarat (Egypt), Richard Blee, Islamic Jihad, Alec Station, Central Intelligence Agency, Egypt, Michael Scheuer

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jack Cloonan.Jack Cloonan. [Source: PBS]The Justice Department directs an existing unit called Squad I-49 to begin building a legal case against bin Laden. This unit is unusual because it combines prosecutors from the Southern District of New York, who have been working on bin Laden related cases, with the FBI’s New York office, which was the FBI branch office that dealt the most with bin Laden -related intelligence. Patrick Fitzgerald effectively directs I-49 as the lead prosecutor. FBI agent Dan Coleman becomes a key member while simultaneously representing the FBI at Alec Station, the CIA’s new bin Laden unit (February 1996) where he has access to the CIA’s vast informational database. [Lance, 2006, pp. 218-219] The other initial members of I-49 are: Louis Napoli, John Anticev, Mike Anticev, Richard Karniewicz, Jack Cloonan, Carl Summerlin, Kevin Cruise, Mary Deborah Doran, and supervisor Tom Lang. All are FBI agents except for Napoli and Summerlin, a New York police detective and a New York state trooper, respectively. The unit will end up working closely with FBI agent John O’Neill, who heads the New York FBI office. Unlike the CIA’s Alec Station, which is focused solely on bin Laden, I-49 has to work on other Middle East -related issues. For much of the next year or so, most members will work on the July 1996 crash of TWA Flight 800, because it crashed near New York and is suspected to have been carried out by Middle Eastern militants (July 17, 1996-September 1996). However, in years to come, I-49 will grow considerably and focus more on bin Laden. [Wright, 2006, pp. 240-241] After 9/11, the “wall” between intelligence collection and criminal prosecution will often be cited for the failure to stop the 9/11 attacks. But as author Peter Lance will later note, “Little more than ten months after the issuance of Jamie Gorelick’s ‘wall memo,’ Fitzgerald and company were apparently disregarding her mandate that criminal investigation should be segregated from intelligence threat prevention. Squad I-49… was actively working both jobs.” Thanks to Coleman’s involvement in both I-49 and the CIA’s Alec Station, I-49 effectively avoids the so-called “wall” problem. [Lance, 2006, pp. 220]

Entity Tags: Mike Anticev, Tom Lang, US Department of Justice, Patrick J. Fitzgerald, Kevin Cruise, Dan Coleman, Carl Summerlin, Alec Station, Louis Napoli, Mary Deborah Doran, John Anticev, Jack Cloonan, I-49, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write 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).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

After fleeing Qatar, Khalid Shaikh Mohammed (KSM) travels the world and plans many al-Qaeda operations. He previously was involved in the 1993 World Trade Center bombing, and the Operation Bojinka plot. [Time, 1/20/2003] He is apparently involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), the 2000 USS Cole bombing (see October 12, 2000), and other attacks. One US official later says, “There is a clear operational link between him and the execution of most, if not all, of the al-Qaeda plots over the past five years.” [Los Angeles Times, 12/22/2002] He lives in Prague, Czech Republic, through much of 1997. [Los Angeles Times, 9/1/2002] By 1999, he is living in Germany and visiting with the hijackers there. [New York Times, 6/8/2002; New York Times, 9/22/2002] Using 60 aliases and as many passports, he travels through Europe, Africa, the Persian Gulf, Southeast Asia and South America, personally setting up al-Qaeda cells. [Los Angeles Times, 12/22/2002; Time, 1/20/2003]

Entity Tags: USS Cole, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Omar Nasiri, who informs on al-Qaeda for the British intelligence service MI6 and the French service Direction Générale de la Sécurité Extérieure (DSGE), makes contact with al-Qaeda logistics manager Abu Zubaida using a telephone bugged by MI6. Nasiri met Abu Zubaida in Pakistan (see Mid 1995-Spring 1996). Usually, when Nasiri calls the number, he talks to one of Abu Zubaida’s associates, but sometimes he talks to Abu Zubaida himself. The phone is used to relay messages between Abu Zubaida in Pakistan and al-Qaeda representatives in London, in particular leading imam Abu Qatada. The French will apparently make great use of this information (see October 1998 and After). [Nasiri, 2006, pp. 270-1, 273, 281]

Entity Tags: Direction Générale de la Sécurité Extérieure, Abu Zubaida, UK Secret Intelligence Service (MI6), Abu Qatada, Omar Nasiri

Timeline Tags: Complete 911 Timeline

Harry Ellen.Harry Ellen. [Source: Associated Press]Harry Ellen, a businessman who converted to Islam, has high credibility with Muslims in Arizona because of his work on behalf of the Palestinian cause. He has had important meetings with Palestinian leader Yasser Arafat. In 1994, he began working as an FBI informant. Ken Williams, the Phoenix FBI agent who will later write the July 2001 “Phoenix memo”(see July 10, 2001), is his handler. In October 1996, Ellen tells Williams that he has suspicions about an Algerian pilot who is training other Middle Eastern men to fly. He later recalls, “My comment to Williams was that it would be pitiful if the bad guys were able to gain this kind of access to airplanes, flight training and crop dusters. I said, ‘You really ought to look at this, it’s an interesting mix of people.’” Ellen had previously begun spying on a man known as Abu Sief, which apparently is his alias. Sief had come to Arizona from New Jersey in 1993, and bragged about having close ties with al-Qaeda figures Sheikh Omar Abdul-Rahman and Ramzi Yousef (when Yousef’s computer is seized in the Philippines in 1995, there is a mention of a contact in Tucson, Arizona, but it is unknown if this is a reference to Sief or someone else (see January 7-11, 1995)). Sief attended a New Jersey mosque that many of the 1993 World Trade Center bombers also attended. Ellen soon sees the unnamed Algerian pilot meeting with Abu Sief. He tells this to Williams and later will claim, “I told him to be very concerned about air schools.” However, Ellen will claim that Williams responds by telling him to “leave it alone.” So he does. Ellen later believes that Williams should have sent the gist of his Phoenix memo at this time, instead of four and a half years later. Hani Hanjour is living in Phoenix by this time and taking flight training nearby (see October 1996-Late April 1999). Ellen later will say he did not know Hanjour directly, but he knew some of his friends and relatives. Ellen and Williams will have a falling out in late 1998 on an unrelated manner, and Ellen’s flow of information will stop. [Washington Post, 5/24/2002; New York Times, 5/24/2002; Lance, 2003, pp. 211, 352-355, inset 21]

Entity Tags: Ramzi Yousef, Harry Ellen, Ken Williams, Abu Sief, Federal Bureau of Investigation, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On several occasion between 1996 and 1999, future 9/11 hijacker Hani Hanjour attends flight schools in Arizona (see October 1996-December 1997 and 1998). The 9/11 Commission will later note, “It is clear that when Hanjour lived in Arizona in the 1990s, he associated with several individuals who have been the subject of counterterrorism investigations.” Some of the time, he is accompanied by two friends, Bandar Al Hazmi and Rayed Abdullah. Al Hazmi and Abdullah have been friends with each other in high school in Saudi Arabia, but it is not known if either knew Hanjour before moving to the US. Al Hazmi and Hanjour are roommates for a time. Al Hazmi will finish his training and leave the US for the last time in January 2000 (he apparently will be interviewed overseas in 2004). Abdullah becomes a leader of a Phoenix mosque where he reportedly gives extremist speeches. He will continue to train with Hanjour occasionally through the summer of 2001. The FBI apparently will investigate him in May 2001. He will repeatedly be questioned by authorities after 9/11, then move to Qatar. In 2004, the 9/11 Commission will report that the FBI remains suspicious of Al Hazmi and Abdullah, but neither man is charged with any crime. The 9/11 Commission will also imply that another of Hanjour’s Arizona associates is al-Qaeda operative Ghassan al Sharbi. Al Sharbi will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). He apparently is a target of Ken Williams’s “Phoenix memo”(see July 10, 2001). Another associate of Hanjour’s, Hamed al Sulami, is in telephone contact with a radical Saudi imam who is said to be the spiritual advisor to al-Qaeda leader Abu Zubaida. This imam may have a role in recruiting some of the 9/11 hijackers. Abdulaziz Alomari, for instance, was a student of this imam. It seems that al Sulami is also a target of Williams’s memo. [Washington Post, 9/10/2002; US Congress, 9/26/2002; 9/11 Commission, 7/24/2004, pp. 233, 520-521, 529]

Entity Tags: Rayed Abdullah, Hani Hanjour, Bandar Al Hazmi, Ghassan al Sharbi, Hamed al Sulamis

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Future 9/11 hijacker Hani Hanjour begins associating with an unnamed individual who is later mentioned in FBI agent Ken Williams’s famous “Phoenix memo” (see July 10, 2001). Hanjour and this individual train at flight schools in Arizona (see October 1996-December 1997 and 1998). Several flight instructors will later note that the two were associates and may have carpooled together. They are known to share the same airplane on one occasion in 1999, and are at the school together on other occasions. The unnamed individual leaves the US in April 2000. In May 2001, the FBI attempts to investigate this person, but after finding out that he has left the US, it declines to open a formal investigation. The person’s name is not placed on a watch list, so the FBI is unaware that he returns in June and stays in the US for another month. By this time, he is an experienced flight instructor who is certified to fly Boeing 737s. The FBI speculates he may return to evaluate Hanjour’s flying skills or provide final training before 9/11. There is considerable circumstantial evidence placing this person near Hanjour in July 2001. [US Congress, 7/24/2003 pdf file] This unnamed individual may be Lofti Raissi, as several details match him perfectly. For instance, Raissi is a flight instructor who left the US in April 2000, is later accused of having shared an airplane with Hanjour in 1999, and is accused of being with Hanjour in July 2001. [Guardian, 1/31/2002] In addition, according to FBI investigators, Raissi engages in a number of suspicious activities during this period that will justify scrutiny after 9/11. For example, in June 2000, while training at a British flight school, he reportedly asks, “if a plane flies into a building, whether it is the responsibility of the airline or the pilot,” and warns that “America will get theirs.” [9/11 Commission, 1/5/2004] Raissi will be arrested in Britain after 9/11 and accused of training Hanjour and other hijackers how to fly, but the case against him will collapse in April 2002. He will be released, and many of the allegations against him will be withdrawn (see September 21, 2001). No media accounts will report that Raissi was mentioned in the Phoenix memo or wanted for an FBI investigation before 9/11.

Entity Tags: Federal Bureau of Investigation, Hani Hanjour, Lotfi Raissi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sawyer Aviation logo.Sawyer Aviation logo. [Source: Sawyer Aviation]In January 1998, future 9/11 hijacker Hani Hanjour and his friend Bandar Al Hazmi, who are now renting an apartment together in Phoenix, Arizona, train together at Arizona Aviation flight school. Hanjour supposedly receives his commercial pilot rating while there. [US Congress, 9/26/2002] Later in 1998, Hanjour joins the simulator club at Sawyer School of Aviation in Phoenix. According to the Washington Post, Sawyer is “known locally as a flight school of last resort.” Wes Fults, the manager of the flight simulator, says Hanjour has “only the barest understanding what the instruments were there to do.” After using the simulator four or five times, Hanjour disappears from the school. [Washington Post, 10/15/2001]

Entity Tags: Wes Fults, Sawyer School of Aviation, Bandar Al Hazmi, Arizona Aviation flight school, Hani Hanjour

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]

Timeline Tags: Torture of US Captives

Bin Laden sends a fax from Afghanistan to Sheikh Omar Bakri Mohammed, a London-based Muslim imam who dubs himself the “mouth, eyes, and ears of Osama bin Laden.” Bakri publicly releases what he calls bin Laden’s four specific objectives for a holy war against the US. The instruction reads, “Bring down their airliners. Prevent the safe passage of their ships. Occupy their embassies. Force the closure of their companies and banks.” Noting this, the Los Angeles Times will wryly comment that “Bin Laden hasn’t been shy about sharing his game plan.” [Los Angeles Times, 10/14/2001] In 2001, FBI agent Ken Williams will grow concerned about some Middle Eastern students training in Arizona flight schools. He will link several of them to Al-Muhajiroun, an extremist group founded by Bakri. Williams will quote several fatwas (calls to action) from Bakri in his later-famous July 2001 memo (see July 10, 2001). However, he apparently will not be aware of this particular call to action. These students linked to Bakri’s group apparently have no connection to any of the 9/11 hijackers. In another interview before 9/11, Bakri will boast of recruiting “kamikaze bombers ready to die for Palestine.” (see Early September 2001) [Associated Press, 5/23/2002]

Entity Tags: Osama bin Laden, Ken Williams, Al-Muhajiroun, Sheikh Omar Bakri Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press]Two US embassies in Africa are bombed within minutes of each other. At 10:35 a.m., local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. Hamden Khalif Allah Awad is the suicide bomber there. The attacks will be blamed on al-Qaeda. [PBS Frontline, 2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. [Miller, Stone, and Mitchell, 2002, pp. 195] The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers will allegedly tell US agents that it was added to the plot only about 10 days in advance. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001] A third attack against the US embassy in Uganda does not take place due to a last-minute delay (see August 7, 1998). [Associated Press, 9/25/1998] August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia and some people will speculate that this is the reason for the date of the bombings. [Gunaratna, 2003, pp. 46] In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Mitchell will write: “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” [Miller, Stone, and Mitchell, 2002, pp. 195, 206] After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

Entity Tags: Salem Alhazmi, Nawaf Alhazmi, Mohamed al-Owhali, Hamden Khalif Allah Awad, Khalid Almihdhar, Al-Qaeda, Azzam

Timeline Tags: Complete 911 Timeline

9/11 mastermind Khalid Shaikh Mohammed (KSM) lived in the Philippines for much of 1994 and took part in the failed Bojinka plot to assassinate Pope John Paul II and crash a dozen airplanes (see January 6, 1995). In the years after this, he makes repeated visits to the Philippines, as well as neighboring Malaysia. [Los Angeles Times, 9/1/2002] KSM returns to the Philippines in September 1998 and stays to organize the assassination of Pope John Paul II, who is due to visit the country in January 1999. KSM is seen at a nightclub in Manila in early 1999. [Gunaratna, 2003, pp. xxv] But the Pope’s visit is canceled; it isn’t known if the cancellation is due to security concerns or not. That same year, the FBI alerts Philippine intelligence that KSM has returned to that country to visit an old girlfriend. However, he disappears before agents arrive to arrest him. Further details on how he was traced there or how he got away have not been made public. [Los Angeles Times, 9/1/2002; London Times, 11/10/2002] KSM will continue to return to the Philippines occasionally. There are even “credible reports” that he is seen there in the summer of 2002. [Los Angeles Times, 9/1/2002; Knight Ridder, 9/9/2002]

Entity Tags: Federal Bureau of Investigation, John Paul II, Khalid Shaikh Mohammed, Operation Bojinka

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism expert Rohan Gunaratna will later write that after the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), surveillance of al-Qaeda is stepped up around the world. “One intelligence officer attached to the French embassy in Islamabad, [Pakistan], urged his counterparts in foreign missions in Pakistan to detail the recipients of phone calls made by… al-Qaeda leader Abu Zubaida, then living in Peshawar, to individuals in their various countries.” As a result, “several governments [launch] investigations of their own.” [Gunaratna, 2003, pp. 245] A close associate of Zubaida in Peshawar at this time is Khalil Deek, who is actually a mole for the Jordanian government (see 1998-December 11, 1999). One such investigation is launched by the Philippine government on October 16, 1998, after being asked by French intelligence to gather intelligence on people in the Philippines in contact with Zubaida. Code named CoPlan Pink Poppy, the investigation reveals connections between al-Qaeda and the Moro Islamic Liberation Front (MILF), a Philippine militant group. On December 16, 1999, Abdesselem Boulanouar and Zoheir Djalili, two French Algerians belonging to the Algerian al-Qaeda affiliate the Salafist Group for Call and Combat (GSPC), are arrested due to information learned from monitoring Zubaida’s calls to the Philippines. Boulanouar is arrested at an airport carrying a terrorist training manual he admitted writing for the MILF. Both men also are arrested carrying explosive devices. French intelligence says Boulanouar had ties to Ahmed Ressam (see December 14, 1999), and like Ressam, may have been planning to carry out attacks at the turn of the millennium. He will be deported to France and imprisoned on terrorism related charges. CoPlan Pink Poppy will be canceled in 2000 for lack of funds. [Gulf News, 3/14/2000; Ressa, 2003, pp. 132-133; Gunaratna, 2003, pp. 245] However, while details are murky, it appears other governments continue to monitor Zubaida’s calls. Around the same time as the Philippines arrests, one militant in Jordan is even arrested while still in the middle of a phone call to Zubaida (see November 30, 1999). US intelligence will remain intensely focused on Zubaida before 9/11 (see Late March-Early April 2001 and May 30, 2001), and just days before 9/11 the NSA will monitor calls Zubaida is making to the US (see Early September 2001). It appears his calls will continue to be monitored after 9/11 as well (see October 8, 2001).

Entity Tags: Khalil Deek, Zoheir Djalili, Moro Islamic Liberation Front, Direction Générale de la Sécurité Extérieure, Abdesselem Boulanouar, Philippines, Abu Zubaida, Al-Qaeda, Ahmed Ressam, Salafist Group for Preaching and Combat

Timeline Tags: Complete 911 Timeline

Shortly after an August 1998 US missile strike on Afghanistan (see August 20, 1998), bin Laden stops using his satellite phone, correctly deciding that it was being monitored by US intelligence (see Late August 1998). According to counterterrorism expert Rohan Gunaratna, al-Qaeda quickly “developed a system to deceive those monitoring his calls. [But] Western security and intelligence agencies were soon able to monitor the new system, which was based on transferring international calls within safe houses in Pakistan to make them seem like domestic calls.” Other al-Qaeda leaders such as Abu Zubaida will be frequently monitored as they make calls using this new system (see October 1998 and After). Gunaratna later claims to have learned this from a confidential source in a “communications monitoring agency” in Western Europe. [Gunaratna, 2003, pp. 15-16, 3291] It is not known how long it took until al-Qaeda realized this new system was compromised, but there are accounts of bin Laden and Zubaida’s calls being monitored days before 9/11 (see Early September 2001, September 9, 2001, and Early September 2001).

Entity Tags: Osama bin Laden, Abu Zubaida

Timeline Tags: Complete 911 Timeline

The FBI receives reports that a militant organization is planning to send students to the US for aviation training. The organization’s name remains classified, but apparently it is a different organization than one mentioned in a very similar warning the year before (see After May 15, 1998). The purpose of this training is unknown, but the organization viewed the plan as “particularly important” and it approved open-ended funding for it. The Counterterrorism Section at FBI headquarters issues a notice instructing 24 field offices to pay close attention to Islamic students from the target country engaged in aviation training. Ken Williams’s squad at the Phoenix FBI office receives this notice, although Williams does not recall reading it. Williams will later write his “Phoenix memo” on this very topic in July 2001 (see July 10, 2001). The 9/11 Congressional Inquiry later will conclude, “There is no indication that field offices conducted any investigation after receiving the communication.” [US Congress, 7/24/2003] However, an analyst at FBI headquarters conducts a study and determines that each year there are about 600 Middle Eastern students attending the slightly over 1,000 US flight schools. [New York Times, 5/4/2002; US Congress, 7/24/2003] In November 2000, a notice will be issued to the field offices, stating that it has uncovered no indication that the militant group is recruiting students. Apparently, Williams will not see this notice either. [US Congress, 7/24/2003]

Entity Tags: Federal Bureau of Investigation, Ken Williams

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sarbarz Mohammed / Sam Malkandi.Sarbarz Mohammed / Sam Malkandi. [Source: Public domain via Seattle Post-Intelligencer]Al-Qaeda leader Khallad bin Attash unsuccessfully applies for a US visa in Sana’a, Yemen. His application, which is made under the alias Salah Saeed Mohammed bin Yousaf, is denied because he fails to submit sufficient documentation in support of it. Three actual hijackers obtain US visas in Saudi Arabia on the same day and shortly after (see April 3-7, 1999). [9/11 Commission, 7/24/2004, pp. 492]
Already Known to US Intelligence - Bin Attash is already known to the US intelligence community at this point (see Summer 1999), at least partly because he briefed Mohamed al-Owhali, one of the 1998 African embassy bombers who was captured after the attack, and helped him make a martyrdom video in Pakistan. [Federal Bureau of Investigation, 9/9/1998 pdf file] The US will begin to associate this alias with terrorist activity no later than early 2000, when bin Attash uses it to take a flight with Nawaf Alhazmi and Khalid Almihdhar, who are under US and allied surveillance at that point (see January 8, 2000). However, the alias will not be watchlisted by the US until August 2001 (see August 23, 2001). Apparently, when the US learns the alias is associated with terrorism there is no check of visa application records, and this application and the fact it was made by an al-Qaeda leader will not be discovered until after 9/11 (see After January 8, 2000, After December 16, 2000, and After August 23, 2001).
US Contact - On the application, bin Attash gives his reason for going to the US as getting a new prosthesis for his missing leg, and he says Bothell, Washington State, is his final destination. Bin Attash’s contact in Bothell is a man named Sarbarz Mohammed. [9/11 Commission, 7/24/2004, pp. 155-6, 492] Mohammed contacts a clinic in the area and speaks to bin Attash once on the phone, but bin Attash says the new leg would cost too much and hangs up. Mohammed, who will later change his name to Sam Malkandi, will deny knowing bin Attash was a terrorist and say that he thought he was just helping a friend of a friend. However, he will later admit lying on his green card application and be arrested in 2005. [Seattle Post-Intelligencer, 10/17/2005]

Entity Tags: Khallad bin Attash, Sarbarz Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two Saudis, Hamdan al Shalawi and Mohammed al-Qudhaeein, are detained for trying twice to get into the cockpit on a passenger airplane flying from Phoenix, Arizona, to Washington, D.C. They claim they thought the cockpit was the bathroom, and sue the FBI for racism. After 9/11, the FBI will consider the possibility that this was a “dry run” for the 9/11 attacks, but apparently does not come to a definite conclusion. In late 1999, it is discovered that the two were traveling to Washington to attend a party at the Saudi embassy and their ticket had been paid by the Saudi government. Apparently influenced by their government ties, the FBI decides not to prosecute or investigate the men. Al-Qudhaeein leaves the US. In 2000, intelligence information will be received indicating al-Qudhaeein had received explosives and car bomb training in Afghanistan. As a result, his name is added to a no-fly watch list. In April 2000, FBI agent Ken Williams is investigating Zacaria Soubra, a suspected radical militant attending a flight school in Phoenix, and discovers that the car Soubra is driving is actually owned by al-Qudhaeein. Soubra is friends with al Shalawi and al-Qudhaeein. This and other evidence will influence Williams to write his later-famous July 2001 memo warning about potential terrorists training in Arizona flight schools (see July 10, 2001). In August 2001, al-Qudhaeein applies for a visa to reenter the US, but is denied entry. It has not been revealed why al-Qudhaeein wanted to reenter the US, or if Williams or anyone else in US intelligence knew about his attempted reentry, or if anyone took action as a result of it. [Graham and Nussbaum, 2004, pp. 43-44; 9/11 Commission, 7/24/2004, pp. 521; Arizona Monthly, 11/2004] Al Shalawi, the other Saudi involved in the cockpit incident, also has a radical militant background. In November 2000, US intelligence discovers he is training in a camp in Afghanistan, learning how to conduct a car bomb attack. One of his friends in Arizona is Ghassan al Sharbi, an al-Qaeda operative who will be captured in Pakistan with al-Qaeda leader Abu Zubaida. Al Sharbi is one of the targets of Williams’ July 2001 memo. [9/11 Commission, 7/24/2004, pp. 521]

Entity Tags: Mohammed Al-Qudhaeein, Ghassan al Sharbi, Ken Williams, Federal Bureau of Investigation, Zacaria Soubra, Hamdan al Shalawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abu Bara al-Taizi.Abu Bara al-Taizi. [Source: Defense Department]A group of al-Qaeda operatives receives advanced training at the Mes Aynak camp in Afghanistan. The large group includes 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar (see November/December 1999), al-Qaeda commander Khallad bin Attash, would-be 9/11 hijacker Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), USS Cole bomber Ibrahim al-Thawar (a.k.a. Nibras), an operative who leads a series of suicide bombings in Riyadh in 2003, and another who is involved against the 2002 attack against a ship called the Limburg (see October 6, 2002). According to statements by detainees, the course focuses on physical fitness, firearms, close quarters combat, shooting from a motorcycle, and night operations. Osama bin Laden and Khalid Shaikh Mohammed (KSM) apparently visit the camp during the course. [9/11 Commission, 7/24/2004, pp. 157; Office of the Director of National Intelligence, 9/6/2006, pp. 12 pdf file] Candidate hijacker Abderraouf Jdey, a Canadian passport holder, may also be present at this training course. [9/11 Commission, 7/24/2004, pp. 527] Also, in early December, KSM gives special hijacking training to Alhazmi, bin Attash, and al-Taizi (see Early December 1999).

Entity Tags: Osama bin Laden, Nawaf Alhazmi, Khallad bin Attash, Khalid Almihdhar, Abderraouf Jdey, Abu Bara al-Taizi, Khalid Shaikh Mohammed, Ibrahim al-Thawar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Diana Dean.Diana Dean. [Source: Seattle Times]Al-Qaeda operative Ahmed Ressam is arrested in Port Angeles, Washington, attempting to enter the US with components of explosive devices. One hundred and thirty pounds of bomb-making chemicals and detonator components are found inside his rental car. He subsequently admits he planned to bomb Los Angeles International Airport on December 31, 1999. [New York Times, 12/30/2001] Alert border patrol agent Diana Dean stops him; she and other agents nationwide had been warned recently to look for suspicious activity. Ressam’s bombing would have been part of a wave of attacks against US targets over the New Year’s weekend (see December 15-31, 1999). He is later connected to al-Qaeda and convicted. [US Congress, 9/18/2002; PBS Frontline, 10/3/2002]

Entity Tags: Diana Dean, Ahmed Ressam, Los Angeles International Airport, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Ziad Jarrah in Afghanistan.Ziad Jarrah in Afghanistan. [Source: Public Domain]9/11 hijackers Mohamed Atta, Ziad Jarrah, Marwan Alshehhi, Ramzi bin al-Shibh, and Nawaf Alhazmi meet to discuss the 9/11 operation at a building known as the “House of Alghamdi” in Kandahar, Afghanistan, according to a statement made by bin al-Shibh in an interview prior to his capture in 2002 (see September 8-11, 2002 and September 11, 2002). Bin al-Shibh will say, “We had a meeting attended by all four pilots including Nawaf Alhazmi, Atta’s right-hand man,” which the Guardian will interpret to mean Alhazmi, and not Hani Hanjour, flew Flight 77, which hit the Pentagon (see (December 2000-January 2001)). [Guardian, 9/9/2002] The 9/11 Commission, based on information obtained from Khalid Shaikh Mohammed (KSM) under interrogation, will place Hanjour in Afghanistan in spring 2000, indicating he will arrive some months after this meeting is held, and could not therefore attend it. Please note: information from detainee interrogations is thought to be unreliable due to the methods used to extract it (see June 16, 2004). [9/11 Commission, 7/24/2004, pp. 226] In a substitution for testimony introduced as evidence at the trial of Zacarias Moussaoui, KSM will place Hanjour’s arrival at the training camps in Afghanistan in “September or October” of 2000. [US District Court for the Eastern District of Virginia, 7/31/2006, pp. 23 pdf file]

Entity Tags: Ziad Jarrah, Nawaf Alhazmi, Ramzi bin al-Shibh, Mohamed Atta, Khalid Shaikh Mohammed, Marwan Alshehhi, Hani Hanjour

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. [Source: FBI]About a dozen of Osama bin Laden’s trusted followers hold a secret, “top-level al-Qaeda summit” in the city of Kuala Lumpur, Malaysia. [CNN, 8/30/2002; San Diego Union-Tribune, 9/27/2002] According to an unnamed senior CIA official, before the summit started, the CIA learned that “11 young guys” were going to attend, and “young guys” is slang for operatives traveling. [Bamford, 2008, pp. 18] Plans for the October 2000 bombing of the USS Cole (see October 12, 2000) and the 9/11 attacks are discussed. [USA Today, 2/12/2002; CNN, 8/30/2002] At the request of the CIA, the Malaysian Secret Service monitors the summit and then passes the information on to the US (see January 5-8, 2000 and Shortly After). Attendees of the summit are said to include:
Nawaf Alhazmi and Khalid Almihdhar - The CIA and FBI will later miss many opportunities to foil the 9/11 plot through Alhazmi and Almihdhar and the knowledge of their presence at this summit. The CIA already knows many details about these two by the time the summit begins (see January 2-4, 2000), and tracked Almihdhar as he traveled to it (see January 2-5, 2000).
Yazid Sufaat - Sufaat is a Malaysian who owns the condominium where the summit is held. He is also a trained biologist and is said to be a leading figure in al-Qaeda’s attempts to get a biological or chemical weapon. [New York Times, 1/31/2002; Newsweek, 6/2/2002] Malaysian officials also recognize Sufaat from summit surveillance photos, as he is a long-time Malaysian resident (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002] A possibility to expose the 9/11 plot through Sufaat’s presence at this summit will later be missed in September 2000 (see September-October 2000). Sufaat will travel to Afghanistan in June 2001 and be arrested by Malaysian authorities when he returns to Malaysia in late 2001 (see December 19, 2001). [Australian, 12/24/2002] He will be released in 2008 (see December 4, 2008).
Hambali - An Indonesian militant known as Hambali, or Nurjaman Riduan Isamuddin [BBC, 8/15/2003] , was heavily involved in the Bojinka plot, an early version of the 9/11 plot (see January 6, 1995 and June 1994). [CNN, 3/14/2002; CNN, 8/30/2002] The FBI was aware of who he was and his connections to the Bojinka plot at least by 1999 and identified a photograph of him by that time (see May 23, 1999). He will be arrested by Thai authorities in August 2003 (see August 12, 2003). [CNN, 8/14/2003; CBS News, 8/15/2003] Malaysian officials recognize Hambali from summit surveillance photos, as he is a long-time Malaysian resident. But the US does not tell them of his Bojinka connections, so they will not know to arrest him after the summit is over (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002]
Khalid Shaikh Mohammed - Mohammed is sometimes referred to as “KSM,” an al-Qaeda leader and the alleged “mastermind” of the 9/11 attacks. The US has known KSM is an Islamic militant since the exposure of Operation Bojinka in January 1995 (see January 6, 1995), and knows what he looks like. US officials will state that they only realized the summit was important in 2001, but the presence of KSM should have proved its importance. [Los Angeles Times, 2/2/2002] Although the possible presence of KSM at this summit will be disputed by US officials, one counterterrorism expert will testify before the 9/11 Commission in 2003 that he has access to transcripts of KSM’s interrogations since his capture, and that KSM has admitted leading this summit and telling the attendees about a planes-as-weapons plot targeting the US (see July 9, 2003). [Newsweek, 7/9/2003; New York Post, 7/10/2003] Many other media reports will identify him as being there. [Independent, 6/6/2002; CNN, 8/30/2002; CNN, 11/7/2002; Canadian Broadcasting Corporation, 10/29/2003] For instance, according to Newsweek: “Mohammed’s presence would make the intelligence failure of the CIA even greater. It would mean the agency literally watched as the 9/11 scheme was hatched—and had photographs of the attack’s mastermind… doing the plotting.” [Newsweek, 7/9/2003] In Hambali’s 2008 Guantanamo file, it will be mentioned that KSM stays a week at Sufaat’s condominium with Alhazmi and Almihdhar, which would seem to make clear that KSM is there for the entire duration of the summit (see Early January 2000). [US Department of Defense, 10/30/2008]
Khallad bin Attash - Khallad bin Attash, a “trusted member of bin Laden’s inner circle,” is in charge of bin Laden’s bodyguards, and serves as bin Laden’s personal intermediary at least for the USS Cole bombing. [Newsweek, 9/20/2001 pdf file] He is also thought to be a “mastermind” of that attack. Attash is reportedly planning to be one of the 9/11 hijackers, but will be unable to get a US visa. [9/11 Commission, 6/16/2004, pp. 8] US intelligence had been aware of his identity as early as 1995. [US Congress, 9/18/2002] A possibility to expose the 9/11 plot through bin Attash’s presence at this summit will be missed in January 2001 (see January 4, 2001). Bin Attash had been previously arrested in Yemen for suspected terror ties, but was let go (see Summer 1999). [Contemporary Southeast Asia, 12/1/2002] He will be captured in Pakistan by the US in April 2003 (see April 29, 2003). In 2008, Newsweek will report that bin Attash confessed during interrogation that, while staying at Sufaat’s condominium, he and Alhazmi talked “about the possibility of hijacking planes and crashing them or holding passengers as hostages.” [Newsweek, 12/16/2008]
Abd al-Rahim al-Nashiri - Al-Nashiri is one of al-Qaeda’s top field commanders and operates out of Malaysia while 9/11 is being prepared. [Los Angeles Times, 10/10/2001; Gunaratna, 2003, pp. 188; Graham and Nussbaum, 2004, pp. 59] He was involved in an arms smuggling plot (see 1997) and the East African embassy bombings (see August 22-25 1998), in which his cousin was martyred (see 10:35-10:39 a.m., August 7, 1998). He also organized the attack against the USS The Sullivans (see January 3, 2000), and will be involved in the attacks against the USS Cole (see October 12, 2000) and the Limburg (see October 6, 2002). He will be arrested in the United Arab Emirates in November 2002 (see Early October 2002). An al-Qaeda operative identified a photo of al-Nashiri for the FBI in late 1998 (see August 22-25 1998). [9/11 Commission, 7/24/2004, pp. 152-3] (Note: in the sources, al-Nashiri is referred to by two of his aliases: Muhammad Omar al-Harazi and Al Safani.) [CNN, 12/11/2000; Central Intelligence Agency, 9/6/2006]
Ramzi bin al-Shibh - Investigators believe he wants to be the 20th 9/11 hijacker. His presence at the summit may not be realized until after 9/11, despite the fact that US intelligence has a picture of him next to bin Attash, and has video footage of him. [Newsweek, 11/26/2001; Washington Post, 7/14/2002; Time, 9/15/2002; Die Zeit (Hamburg), 10/1/2002; CNN, 11/7/2002] German police will have credit card receipts indicating bin al-Shibh is in Malaysia at this time. [Los Angeles Times, 9/1/2002] Ulrich Kersten, director of Germany’s federal anticrime agency, the Bundeskriminalamt, will later say, “There are indications that Ramzi bin al-Shibh was in Kuala Lumpur for the meeting.” [New York Times, 8/24/2002] Another account noting he was photographed at the summit will further note that he enters and leaves Thailand three times in the first three weeks of January 2000. [Los Angeles Times, 10/17/2001] Anonymous Malaysian officials will later claim he is at the summit, but US officials will deny it. Two local militants who serve as drivers for the attendees will later be arrested in Malaysia. They will be shown photos of the attendees, and confirm that bin al-Shibh was at the summit. [Associated Press, 9/20/2002] One account will say he is recognized at the time of the summit, which makes it hard to understand why he is not tracked back to Germany and the Hamburg cell with Mohamed Atta and other 9/11 hijackers. [Der Spiegel (Hamburg), 10/1/2002] Another opportunity to expose the 9/11 plot through bin al-Shibh’s presence at this summit will be missed in June. It appears bin al-Shibh and Almihdhar are directly involved in the attack on the USS Cole in October 2000 (see October 10-21, 2000). [Guardian, 10/15/2001; Washington Post, 7/14/2002; Newsweek, 9/4/2002]
Salem Alhazmi - Alhazmi, a 9/11 hijacker and brother of Nawaf Alhazmi, is possibly at the summit, although very few accounts will mention it. [Australian, 12/24/2002] US intelligence intercepts from before the summit indicate that he at least had plans to attend. [US Congress, 7/24/2003, pp. 51 pdf file]
Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) - A Yemeni al-Qaeda operative, al-Taizi is reportedly meant to be one of the 9/11 hijackers, but will be unable to enter the US due to greater scrutiny for Yemenis. [9/11 Commission, 6/16/2004, pp. 8] Al-Taizi will be captured in Pakistan in February 2002, and then sent to the US prison in Guantanamo a few months later (see February 7, 2002). According to his 2008 Guantanamo file, he traveled from Afghanistan to Malaysia with bin Attash about two weeks before the summit. Bin Attash was missing a leg, and he had a prosthetic leg fitted and then stayed in the hospital to recover from the surgery. Bin Attash and al-Taizi stay at Sufaat’s house for the duration of the summit. Al-Taizi then flies to Yemen to visit his family there. [US Department of Defense, 10/25/2008]
Others - Unnamed members of the Egyptian-based Islamic Jihad are also said to be at the summit. [Cox News Service, 10/21/2001] Islamic Jihad merged with al-Qaeda in February 1998. [ABC News, 11/17/2001] However, according to the Wall Street Journal, bin Attash and Fahad al-Quso are suspected of being Islamic Jihad members at one point, so this may just be a reference to them. [Wall Street Journal, 10/8/2001] Note that there are a total of 10 names mentioned above, and it will be reported that the CIA learned that 11 operatives were to attend, so either not all of them make it, or some names of attendees will remain unknown.
Summit Associates - The following individuals are probably not at the summit meetings, but are in the region and assisting or linked with the attendees at this time:
Fahad Al-Quso - Al-Quso is a top al-Qaeda operative who is involved in the bombing of the USS Cole. Some sources will indicate al-Quso is present in Malaysia, and a person who looks like him will later be seen in a photograph of the meeting (see June 11, 2001). [Newsweek, 9/20/2001 pdf file] However, other sources will say al-Quso did not reach Kuala Lumpur, but met with bin Attash around this time in Bangkok, Thailand (see January 5-6, 2000 and January 8-15, 2000). [9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 330] Although al-Quso apparently is not at the summit, there are a series of phone calls during the time of the summit between his hotel in Bangkok, a phone booth near the condominium where the summit is held, and his family home in Yemen (see (January 5-8, 2000)). Al-Quso will be arrested by Yemeni authorities in the fall of 2000 (see Late October-Late November 2000), but the FBI will not be given a chance to fully interrogate him before 9/11. He will escape from prison in 2003. [CNN, 5/15/2003]
Ahmad Sajuli Abdul Rahman - An operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, Sajuli takes the visiting Arabs around Kuala Lumpur, but apparently does not attend the summit meetings. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee al-Taizi, one of the attendees Sajuli escorts around town is future 9/11 hijacker Khalid Almihdhar. Sajuli also helps arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli will be arrested in Malaysia in December 2001 (see December 29, 2001).
Ahmad Hikmat Shakir - A suspected al-Qaeda agent of Iraqi nationality, Shakir is a greeter at Kuala Lumpur airport. He meets Almihdhar there and travels with him to the apartment where the summit is held, but he probably does not attend the summit meetings. [Associated Press, 10/2/2002; Newsweek, 10/7/2002; Australian, 12/24/2002; Knight Ridder, 6/12/2004] After 9/11, he will be linked to the 1993 World Trade Center bombing and the 1995 Bojinka plot. Jordan will arrest him and let him go after the US says it doesn’t want to take custody of him (see September 17, 2001).
Dhiren Barot - Dhiren Barot (a.k.a. Abu Eissa al-Hindi) is a British citizen of Indian descent. According to a 2006 Observer article, Barot “is not believed to have been present” at the summit meetings. However, he does go to Kuala Lumpur during the time of the summit with summit attendee bin Attash. And shortly after the summit, Barot holds meetings with Hambali. It will later be reported that Barot is sent by KSM to New York City in early 2001 to case potential targets there, although whether this is part of the 9/11 plot or some other plot is unclear (see May 30, 2001). Barot will be arrested in 2004 in Britain for plotting attacks there, and sentenced to 30 years in prison (see August 3, 2004). [Observer, 12/12/2006]
Another Unnamed Local Militant - Malaysian officials will say that two local Jemaah Islamiyah act as drivers for the attendees. These drivers apparently have no idea who the attendees are or what they are doing; they are just tasked to drive them around. In a 2002 Associated Press article, officials will not name these drivers, but will say that they are among the dozens of alleged Jemaah Islamiyah militants arrested in December 2001 and January 2002. Since Sajuli mentioned above is arrested at that time, he presumably is one of these drivers. It is not known who the other driver is. (Sufaat will be arrested at that time as well, but the Associated Press article will make clear Sufaat is not one of the drivers.) [Associated Press, 9/20/2002]
Probably Not Involved: Mohamed al-Khatani - A Saudi, he allegedly will confess to attending the summit while being held in the US Guantanamo prison (see July 2002). He apparently will unsuccessfully attempt to enter the US in August 2001 to join the 9/11 plot (see August 4, 2001). However, al-Khatani will later recant his testimony and say he lied to avoid torture (see October 26, 2006). Furthermore, his 2008 Guantanamo file, leaked to the public in 2011, contains no hint of him even possibly attending the summit. The contents of the file must be treated with extreme caution, especially since he is repeatedly and brutally tortured (see August 8, 2002-January 15, 2003 and January 14, 2009). But according to the general narrative of the file, al-Khatani had no involvement with Islamist militancy in early 2000, only starts to get involved with militants in mid-2000, and first attends a militant training camp in Afghanistan in late 2000. [US Department of Defense, 10/30/2008]

Entity Tags: Hambali, Abu Bara al-Taizi, Dhiren Barot, Central Intelligence Agency, Ahmad Hikmat Shakir, Ahmad Sajuli Abdul Rahman, Al-Qaeda, Abd al-Rahim al-Nashiri, Islamic Jihad, Jemaah Islamiyah, Fahad al-Quso, Khalid Shaikh Mohammed, Ulrich Kersten, Yazid Sufaat, Khalid Almihdhar, Ramzi bin al-Shibh, Salem Alhazmi, Mohamed al-Khatani, Malaysian Secret Service, Khallad bin Attash, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Omar al-Bayoumi.Omar al-Bayoumi. [Source: Fox News]Omar al-Bayoumi, a suspected Saudi spy, goes to great lengths to help future 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar settle in San Diego. Supposedly, al-Bayoumi meets them by chance in a Los Angeles restaurant and encourages them to move to San Diego, but the accounts of the meeting are highly doubtful (see February 1, 2000). The FBI’s “best source” in San Diego will later say that al-Bayoumi “must be an intelligence officer for Saudi Arabia or another foreign power.” A former top FBI official working on the al-Bayoumi investigation claims, “We firmly believed that he had knowledge [of the 9/11 plot], and that his meeting with them that day was more than coincidence.” [Newsweek, 7/28/2003]
bullet When Alhazmi and Almihdhar move into apartment 150 in the Parkwood Apartments in San Diego in early February, they indicate on their rental application that they have been staying at al-Bayoumi’s apartment in the same apartment complex since January 15, the day they arrived in the US (see January 15-February 2, 2000). (This would suggest the alleged accidental restaurant meeting never took place.) [Federal Bureau of Investigation, 10/3/2001 pdf file]
bullet He is the co-signer and guarantor for their rental application, because they do not have established credit. [Federal Bureau of Investigation, 10/3/2001 pdf file]
bullet He pays $1,500 cash for their first month’s rent and security deposit. Some FBI officials claim the hijackers immediately pay him back, others claim they do not. [Newsweek, 11/24/2002; US Congress, 7/24/2003 pdf file]
bullet The apartment manager will later claim al-Bayoumi occasionally paid rent for Alhazmi and Almihdhar on other occasions. [Federal Bureau of Investigation, 10/3/2001 pdf file]
bullet Shortly after they arrive in San Diego, al-Bayoumi throws a welcoming party to introduce them to the local Muslim community. [Washington Post, 12/29/2001] One attendee will later say an al-Bayoumi party “was a big deal… it meant that everyone accepted them without question.” [San Diego Union-Tribune, 10/25/2001]
bullet He also introduces hijacker Hani Hanjour to the community a short time later, and Hanjour is seen in his apartment later in the year (see Early 2000). [San Diego Union-Tribune, 9/14/2002]
bullet Cayson Bin Don, a friend of al-Bayoumi, will later say al-Bayoumi “spent a lot of time at Alhazmi and Almihdhar’s apartment.” [Federal Bureau of Investigation, 10/8/2001 pdf file]
bullet Al-Bayoumi apparently loans the hijackers his cell phone until they can get phone service in their own apartment. On February 15, 2000, someone trying to call al-Bayoumi on his phone has the call answered by Alhazmi instead. [9/11 Commission, 7/24/2004, pp. 516]
bullet He tasks an acquaintance, Mohdar Abdullah, to serve as their translator and help them get driver’s licenses, Social Security cards, information on flight schools, and more. [San Diego Union-Tribune, 9/14/2002; US Congress, 7/24/2003 pdf file]

Entity Tags: Hani Hanjour, Omar al-Bayoumi, Nawaf Alhazmi, Khalid Almihdhar, Federal Bureau of Investigation, Mohdar Abdullah, Cayson Bin Don

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI agent Jack Cloonan, a member of the FBI’s I-49 bin Laden squad, will tell author Peter Lance after 9/11 that another FBI agent belonging to I-49 named Frank Pellegrino saw some of the surveillance photos taken of the al-Qaeda summit in Malaysia several months earlier (see January 5-8, 2000 and January 5-8, 2000 and Shortly After). Cloonan will say, “Pellegrino was in Kuala Lumpur,” the capital of Malaysia. “And the CIA chief of station said, ‘I’m not supposed to show these photographs, but here. Take a look at these photographs. Know any of these guys?’” But Pellegrino does not recognize them, as he is working to catch Khalid Shaikh Mohammed (KSM) and apparently is not involved in other cases. However, there have been numerous reports that KSM was at the summit (see January 5-8, 2000). Further, Lance will note that if Pellegrino could not identify KSM, he could have recognized Hambali, another attendee of the summit. Pellegrino was in the Philippines in 1995 and worked with local officials there as they interrogated Abdul Hakim Murad, one of the Bojinka bombers (see February-Early May 1995). During this time, Murad’s interrogators learned about Hambali’s involvement in a front company called Konsonjaya and passed the information on to US officials (see Spring 1995). Further, an FBI report from 1999 shows the FBI was aware of Hambali’s ties to Konsonjaya by that time (see May 23, 1999). [Lance, 2006, pp. 340-341]

Entity Tags: Peter Lance, Jack Cloonan, Abdul Hakim Murad, Frank Pellegrino, Hambali, I-49, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacaria Soubra.
Zacaria Soubra. [Source: Public domain]In early April 2000, Arizona FBI agent Ken Williams gets a tip that makes him suspicious that some flight students might be Islamic militants. Williams will begin an investigation based on this tip that will lead to his “Phoenix memo” warning about suspect Middle Easterners training in Arizona flight schools (see July 10, 2001) [New York Times, 6/19/2002] It appears that Lebanese flight school student Zacaria Soubra has been seen at a shooting range with Abu Mujahid, a white American Muslim who had fought in the Balkans and the Middle East. [Los Angeles Times, 10/28/2001; Arizona Monthly, 11/2004] Abu Mujahid appears to match Aukai Collins, a white American Muslim who had fought in the Balkans and the Middle East, who also goes by the name Abu Mujahid, and is an FBI informant spying on the Muslim community in the area at the time (see 1998). Collins also claims to have been the informant referred to in the Phoenix memo, which again suggests that Collins was the one at the shooting range with Soubra. [Salon, 10/17/2002] On April 7, Williams appears at Soubra’s apartment and interviews him. Soubra acts defiant, and tells Williams that he considers the US government and military legitimate targets of Islam. He has photographs of bin Laden on the walls. Williams runs a check on the license plate of Soubra’s car and discovers the car is actually owned by a suspected militant with explosives and car bomb training in Afghanistan who had been held for attempting to enter an airplane cockpit the year before (see November 1999-August 2001). [Graham and Nussbaum, 2004, pp. 43-44] On April 17, Williams starts a formal investigation into Soubra. [Arizona Republic, 7/24/2003] Williams will be reassigned to work on an arson case and will not be able to get back to work on the Soubra investigation until June 2001 (see April 2000-June 2001). He will release the Phoenix memo one month later. After 9/11, some US officials will suspect Soubra had ties to terrorism. For instance, in 2003, an unnamed official will claim, “Soubra was involved in terrorist-supporting activities, facilitating shelter and employment for people… involved with al-Qaeda.” For a time, he and hijacker Hani Hanjour attend the same mosque, though there is no evidence they ever meet. Soubra’s roommate at the time of Williams’ interview is Ghassan al-Sharbi. In 2002, al-Sharbi will be arrested in Pakistan with al-Qaeda leader Abu Zubaida. While Williams will focus on Soubra, al-Sharbi will also be a target of his memo. [Los Angeles Times, 1/24/2003] In 2004, Soubra will be deported to Lebanon after being held for two years. He will deny any connection to Hanjour or terrorism. [Arizona Republic, 5/2/2004] Sheikh Omar Bakri Mohammed, the leader of the British militant group Al-Muhajiroun, will later admit that Soubra was the leader of Al-Muhajiroun’s branch in Arizona. [Time, 5/27/2002]

Entity Tags: Hani Hanjour, Abu Zubaida, Federal Bureau of Investigation, Ken Williams, Sheikh Omar Bakri Mohammed, Zacaria Soubra

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FISA court judge Royce Lamberth was angry with the FBI over misleading statements made in FISA wiretap applications.FISA court judge Royce Lamberth was angry with the FBI over misleading statements made in FISA wiretap applications. [Source: Public domain]While monitoring foreign terrorists in the US, the FBI listens to calls made by suspects as a part of an operation called Catcher’s Mitt, which is curtailed at this time due to misleading statements by FBI agents. It is never revealed who the targets of the FBI’s surveillance are under this operation, but below are some of the terrorism suspects under investigation in the US at the time:
bullet Imran Mandhai, Shuyeb Mossa Jokhan and Adnan El Shukrijumah in Florida. They are plotting a series of attacks there, but Mandhai and Jokhan are brought in for questioning by the FBI and surveillance of them stops in late spring (see November 2000-Spring 2002 and May 2, 2001);
bullet Another Florida cell connected to Blind Sheikh Omar Abdul-Rahman. The FBI has been investigating it since 1993 (see (October 1993-November 2001));
bullet Al-Qaeda operatives in Denver (see March 2000);
bullet A Boston-based al-Qaeda cell involving Nabil al-Marabh and Raed Hijazi. Cell members provide funding to terrorists, fight abroad, and are involved in document forging (see January 2001, Spring 2001, and Early September 2001);
bullet Fourteen of the hijackers’ associates the FBI investigates before 9/11. The FBI is still investigating four of these people while the hijackers associate with them; [US Congress, 7/24/2003, pp. 169 pdf file]
bullet Hamas operatives such as Mohammed Salah in Chicago. Salah invests money in the US and sends it to the occupied territories to fund attacks (see June 9, 1998).
When problems are found with the applications for the wiretap warrants, an investigation is launched (see Summer-October 2000), and new requirements for warrant applications are put in place (see October 2000). From this time well into 2001, the FBI is forced to shut down wiretaps of al-Qaeda-related suspects connected to the 1998 US embassy bombings and Hamas (see March 2001 and April 2001). One source familiar with the case says that about 10 to 20 al-Qaeda related wiretaps have to be shut down and it becomes more difficult to get permission for new FISA wiretaps. Newsweek notes, “The effect [is] to stymie terror surveillance at exactly the moment it was needed most: requests from both Phoenix [with the Ken Williams memo (see July 10, 2001)] and Minneapolis [with Zacarias Moussaoui’s arrest] for wiretaps [will be] turned down [by FBI superiors],” (see August 21, 2001 and August 28, 2001). [Newsweek, 5/27/2002] Robert Wright is an FBI agent who led the Vulgar Betrayal investigation looking into allegations that Saudi businessman Yassin al-Qadi helped finance the embassy bombings, and other matters. In late 2002, he will claim to discover evidence that some of the FBI intelligence agents who stalled and obstructed his investigation were the same FBI agents who misrepresented the FISA petitions. [Judicial Watch, 9/11/2002]

Entity Tags: Royce Lamberth, Shuyeb Mossa Jokhan, Catcher’s Mitt, Robert G. Wright, Jr., Zacarias Moussaoui, Raed Hijazi, Mohammad Salah, Federal Bureau of Investigation, Al-Qaeda, Adnan Shukrijumah, Central Intelligence Agency, Nabil al-Marabh, Ken Williams, Imran Mandhai, Foreign Intelligence Surveillance Act

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Yoo, an associate law professor at the University of California at Berkeley, makes a presentation at a Cato Institute seminar on executive power. Yoo, who will go on to become one of the Bush administration’s primary advocates of unchecked executive power (see March 1996), accuses the Clinton administration of upending the Constitution to give the executive branch unwarranted authority (see March 24 - Mid-June, 1999). “[T]he Clinton administration has undermined the balance of powers that exist in foreign affairs, and [they] have undermined principles of democratic accountability that executive branches have agreed upon well to the Nixon administration,” he says. Regarding the Clinton administration’s stretched interpretation of the Anti-Ballistic Missile Treaty (see June 2000), Yoo says that the Clinton “legal arguments are so outrageous, they’re so incredible, that they actually show, I think, a disrespect for the idea of law, by showing how utterly manipulatible it is.” [Savage, 2007, pp. 67]

Entity Tags: Bush administration (43), John C. Yoo, Nixon administration, Clinton administration

Timeline Tags: Civil Liberties

At the trial of al-Qaeda operatives accused of participating in the 1998 US African embassy bombings, it is disclosed that an unnamed al-Qaeda operative had requested information about air traffic control procedures. This information is provided to the FBI by a co-operating witness, L’Houssaine Kherchtou (see Summer 2000), and is mentioned by prosecutor Patrick Fitzgerald, who says that Kherchtou “observed an Egyptian person who was not a pilot debriefing a friend of his, Ihab Ali [Nawawi], about how air traffic control works and what people say over the air traffic control system, and it was his belief that there might have been a plan to send a pilot to Saudi Arabia or someone familiar with that to monitor the air traffic communications so they could possibly attack an airplane.” Nawawi is a Florida-based al-Qaeda operative and pilot who is arrested in 1999 (see May 18, 1999). The identity of the Egyptian is not disclosed, although both Kherchtou and Nawawi are associates of former Egyptian army officer Ali Mohamed, who used Kherchtou’s apartment to plot the Nairobi embassy bombing (see Late 1993-Late 1994 and January 1998). [United States of America v. Usama bin Laden, et al., Day 8, 2/21/2001] Mohamed also conducted surveillance of airports in the early 1980s with a view to hijacking an airliner, and subsequently worked as a security adviser to Egyptair, where he had access to the latest anti-hijacking measures. [Lance, 2006, pp. 11-12] Jack Cloonan, one of the FBI agents who debriefed Kherchtou, will later receive the Phoenix Memo (see July 27, 2001 or Shortly After), which states that an inordinate amount of bin Laden-related individuals are learning to fly in the US (see July 10, 2001). [American Prospect, 6/19/2005] However, he will not apparently make the connection between the memo’s premise and the information from Kherchtou.

Entity Tags: Patrick J. Fitzgerald, L’Houssaine Kherchtou, Federal Bureau of Investigation, Jack Cloonan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The book <i>Study of Revenge.</i>The book Study of Revenge. [Source: Public domain]Laurie Mylroie, a researcher who held faculty positions at Harvard and the US Naval War College, publishes the book Study of Revenge: Saddam Hussein’s Unfinished War Against America. She argues that the Iraqi government was behind the 1993 WTC bombing. The book is published by the American Enterprise Institute (AEI), a prominent neoconservative think tank, and her book has strong support from many important neoconservatives.
Lauded by Neoconservatives - Richard Perle calls the book “splendid and wholly convincing,” while Paul Wolfowitz calls it a “provocative and disturbing book.” Former CIA Director James Woolsey says, “Anyone who wishes to continue to deal with Saddam [Hussein] by ignoring his role in international terrorism…and by giving only office furniture to the Iraqi resistance now has the staggering task of trying to refute this superb work.” In her acknowledgements, she thanks John Bolton, I. Lewis Libby, and Wolfowitz for their support and help in writing the book. All of them will go on to take prominent positions in the Bush administration.
Mylroie's Theories Discredited - But war correspondent and terrorism expert Peter Bergen will later comment, “Mylroie became enamored of her theory that Saddam was the mastermind of a vast anti-US terrorist conspiracy in the face of virtually all evidence and expert opinion to the contrary. In what amounts to the discovery of a unified field theory of terrorism, Mylroie believes that Saddam was not only behind the ‘93 Trade Center attack, but also every anti-American terrorist incident of the past decade…” Bergen will continue, “[B]y the mid-‘90s, the Joint Terrorism Task Force in New York, the FBI, the US Attorney’s office in the Southern District of New York, the CIA, the NSC, and the State Department had all found no evidence implicating the Iraqi government in the first Trade Center attack.” Bergen will comment that normally a book like this would not have mattered, except that the neoconservatives “believed her theories, bringing her on as a consultant at the Pentagon, and they seem to continue to entertain her eccentric belief that Saddam is the fount of the entire shadow war against America.” [Washington Monthly, 12/2003; Unger, 2007, pp. 216]
No Credible Evidence of Iraqi Involvement in WTC Bombing - The book will be used as a lodestar of neoconservative thought when terrorists launch the 9/11 attacks, when neoconservatives inside and outside the Bush administration will pin the blame for the attacks on Iraq (see September 13, 2001). [Unger, 2007, pp. 216] In 2004, the 9/11 Commission will conclude, “We have found no credible evidence to support theories of Iraqi government involvement in the 1993 WTC bombing.” [9/11 Commission, 7/24/2004, pp. 559]

Entity Tags: Paul Wolfowitz, Peter Bergen, Richard Perle, Saddam Hussein, Laurie Mylroie, John R. Bolton, American Enterprise Institute, 9/11 Commission, Lewis (“Scooter”) Libby, James Woolsey

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

October 12, 2000: USS Cole Bombed by Al-Qaeda

Damage to the USS Cole.Damage to the USS Cole. [Source: Department of Defense]The USS Cole is bombed in the Aden, Yemen harbor by two al-Qaeda militants, Hassan al-Khamri and Ibrahim al-Thawar (a.k.a. Nibras). Seventeen US soldiers are killed and 30 are wounded. The CIA will later conclude that with just slightly more skilled execution, the attack would have killed 300 and sunk the ship. [ABC News, 10/13/2000; Coll, 2004, pp. 532; 9/11 Commission, 7/24/2004, pp. 191] The Islamic Army of Aden (IAA) immediately takes credit for the attack. This is a Yemen-based Muslim militant group widely believed to have close ties to al-Qaeda (see 1996-1997 and After). [Guardian, 10/14/2000] The IAA statement is released by its spokesman, Abu Hamza al-Masri (see Early 1997, (June 1998), and December 28, 1998 and After). Abu Hamza says that the attack was timed to mark the anniversary of the execution of the IAA’s former commander (see October 17, 1999). [O'Neill and McGrory, 2006, pp. 184] The prime minister of Yemen at the time of the bombing will say shortly after 9/11, “The Islamic Army was part of al-Qaeda.” [Guardian, 10/13/2001] The US soon learns the names of some al-Qaeda operatives involved in the attack, including Khalid Shaikh Mohammed, Tawfiq bin Attash and Fahad al-Quso (see Early December 2000), and Abd al-Rahim al-Nashiri (see November-December 2000). 9/11 hijackers Ramzi bin al-Shibh (see October 10-21, 2000) and Khalid Almihdhar (see Around October 12, 2000) may also have been involved. This is a repeat of a previously attempted attack, against the USS The Sullivans, which failed and was apparently undetected (see January 3, 2000). [Los Angeles Times, 12/22/2002] The 9/11 Commission will later say the Cole bombing “was a full-fledged al-Qaeda operation, supervised directly by bin Laden. He chose the target and location of the attack, selected the suicide operatives, and provided the money needed to purchase explosives and equipment.” [9/11 Commission, 7/24/2004, pp. 190]

Entity Tags: Khalid Shaikh Mohammed, Khallad bin Attash, Ramzi bin al-Shibh, Islamic Army of Aden, USS Cole, Osama bin Laden, Ibrahim al-Thawar, Khalid Almihdhar, Fahad al-Quso, Abd al-Rahim al-Nashiri, Hassan al-Khamri, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Rahim al-NashiriRahim al-Nashiri [Source: AP]After several weeks of investigation, US authorities learn that al-Qaeda leader Abd al-Rahim al-Nashiri was involved in the plot to attack the USS Cole. Investigators find a second safe house used by the bombing team, and learn it was registered to al-Nashiri under a name variant. Al-Nashiri’s name is dimly familiar to FBI agent Ali Soufan, who remembers that a source said al-Nashiri was planning a seaborne attack against a US vessel in Aden (see After August 7, 1998). The FBI then finds that al-Nashiri rented a car in Aden before the bombing. Author Lawrence Wright will comment, “It was another strong link between al-Qaeda and the Cole attack.” [New Yorker, 7/10/2006 pdf file] In addition, one of the bombers detained by Yemeni authorities, Jamal al-Badawi, identifies al-Nashiri as a person who gave instructions for the attack. Al-Badawi also says he thought al-Nashiri was working for bin Laden, but al-Nashiri did not tell al-Badawi this directly. [CNN, 12/13/2000] Although al-Nashiri was the operational manager, he was actually in Afghanistan for a meeting with Osama bin Laden when the opportunity to attack arose and was not physically present at the bombing. Investigators are aware that he is the cousin of one of the bombers of the US embassy in Nairobi, which he facilitated, and a captured embassy bomber identified a photo of him for the FBI two years earlier (see 10:35-10:39 a.m., August 7, 1998 and August 22-25 1998). Al-Nashiri has been known to various intelligence agencies since 1998, at least, and was monitored at the Malaysia summit of top al-Qaeda leaders at the start of the year (see January 5-8, 2000). [CNN, 12/11/2000; 9/11 Commission, 7/24/2004, pp. 152-3; Wright, 2006, pp. 318] US investigators also identify another leading suspect in the case, Khallad bin Attash, at around the same time (see January 4, 2001).

Entity Tags: Jamal al-Badawi, Abd al-Rahim al-Nashiri, Ali Soufan, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Damaged cars from the Christmas Eve bombings.Damaged cars from the Christmas Eve bombings. [Source: SBS Dateline]Al-Qaeda affiliate Jemaah Islamiyah (JI) sets off two series of bombs, first in Indonesia, then in the Philippines. The Christmas Eve attacks in Indonesia comprise a series of 38 bombings in 11 cities and are directed against churches. Nineteen people are killed and over a hundred injured. [Asia Times, 10/8/2004] The attacks in the Philippines kill 22 and injure 120 in the country’s capital, Manila. The operation, involving attacks on a train, a bus, an abandoned petrol station, an airport car park, and a park, is apparently carried out by Indonesian JI operative Fathur Rohman Al-Ghozi. [BBC, 2/27/2002] Many militants are arrested after the attacks. The investigation leads to JI and al-Qaeda leader Hambali, a veteran Islamic fighter who was involved in the Bojinka plot (see January 6, 1995), is tied to 9/11 mastermind Khalid Shaikh Mohammed (see June 1994), and attended an al-Qaeda Malaysia summit in 2000, which was monitored by Malaysia intelligence and the CIA (see January 5-8, 2000). Although Hambali, an Indonesian, has lived in Malaysia since the mid-1990s, the authorities cannot find him and say that he has fled to Saudi Arabia (see January 2001 and after). [Jakarta Post, 2/7/2001] JI’s spiritual leader, Abu Bakar Bashir, is also arrested, but then released. [CNN, 2/26/2004] Hambali will finally be captured in August 2003 in Thailand (see August 12, 2003). In February 2001, evidence will come out suggesting links between some of the bombers and the Indonesian military (see February 20, 2001).

Entity Tags: Jemaah Islamiyah, Hambali, Fathur Rohman al-Ghozi, Abu Bakar Bashir

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

Hani Hanjour, from a 2000 US visa application.
Hani Hanjour, from a 2000 US visa application. [Source: 9/11 Commission]In January 2001, the Arizona flight school JetTech alerts the FAA about hijacker Hani Hanjour. No one at the school suspects Hanjour of terrorist intent, but they tell the FAA he lacks both the English and flying skills necessary for the commercial pilot’s license he has already obtained. For instance, he had taken classes at the University of Arizona but failed his English classes with a 0.26 grade point average. A JetTech flight school manager “couldn’t believe he had a commercial license of any kind with the skills that he had.” A former employee says, “I’m still to this day amazed that he could have flown into the Pentagon. He could not fly at all.” They also note he is an exceptionally poor student who does not seem to care about passing his courses. [New York Times, 5/4/2002; CBS News, 5/10/2002] An FAA official named John Anthony actually sits next to Hanjour in class and observes his skills. He suggests the use of a translator to help Hanjour pass, but the flight school points out that goes “against the rules that require a pilot to be able to write and speak English fluently before they even get their license.” [Associated Press, 5/10/2002] The FAA verifies that Hanjour’s 1999 pilot’s license is legitimate (see April 15, 1999), but takes no other action. However, his license should have been rejected because it had already expired in late 1999 when he failed to take a manadatory medical test. [Associated Press, 9/15/2001; CBS News, 5/10/2002] An Arizona FAA inspector later says, “There should have been a stop right then and there.” He will claim that federal law would have required Hanjour to be re-examined. [Associated Press, 6/13/2002] In February, Hanjour begins advanced simulator training, “a far more complicated task than he had faced in earning a commercial license.” [New York Times, 6/19/2002] The flight school again alerts the FAA about this and gives a total of five alerts about Hanjour, but no further action on him is taken. The FBI is not told about Hanjour. [CBS News, 5/10/2002] Ironically, in July 2001, Arizona FBI agent Ken Williams will recommend in a memo that the FBI liaison with local flight schools and keep track of suspicious activity by Middle Eastern students (see July 10, 2001).

Entity Tags: Federal Aviation Administration, Federal Bureau of Investigation, John Anthony, Pentagon, Hani Hanjour, JetTech

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Airman Flight School.Airman Flight School. [Source: FBI]Al-Qaeda operative Zacarias Moussaoui flies to the US. Three days later, he starts flight training at the Airman Flight School in Norman, Oklahoma. (Other Islamic extremists had previously trained at the same flight school or other schools in the area (see September 1999)). He trains there until May, but does not do well and drops out before getting a pilot’s license. His visa expires on May 22, but he does not attempt to renew it or get another one. He stays in Norman, arranging to change flight schools, and frequently exercising in a gym. [MSNBC, 12/11/2001; US Congress, 10/17/2002] According to US investigators, would-be hijacker Ramzi Bin al-Shibh later says he meets Moussaoui in Karachi, Pakistan, in June 2001 (see June 2001). [Washington Post, 11/20/2002]

Entity Tags: Airman Flight School, Zacarias Moussaoui, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Defense Intelligence Agency, George W. Bush, Donald Rumsfeld, US Department of Defense, National Security Agency, US Department of State

Timeline Tags: Civil Liberties

9/11 hijacker associate Ramzi bin al-Shibh allegedly meets with Zacarias Moussaoui in Karachi, Pakistan. This information comes from bin al-Shibh’s interrogations after he is captured in late 2002 (see September 11, 2002). If they meet, it will not be revealed what they discuss. However, around this time, bin al-Shibh reportedly gives Moussaoui the e-mail address of an unnamed contact in the US. [Washington Post, 11/20/2002] Moussaoui has been taking flying lessons in the US from February until June 2001 (see February 23-June 2001). His visa expired in May 2001 and he did not renew it or get a new one, so if he did leave the US, it is unclear how he manages to get back in by the time he resumes flight training there in August. [MSNBC, 12/11/2001; US Congress, 10/17/2002] In late June, bin al-Shibh travels to Malaysia (see Late June 2001). It is uncertain how reliable any of the information from bin al-Shibh’s interrogations is, especially since bin al-Shibh may be tortured (see Late 2002).

Entity Tags: Zacarias Moussaoui, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Omar al-Bayoumi and Osama Basnan are friends with each other and suspected associates of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. On June 23, 2001, al-Bayoumi moves out of the Parkwood Apartments in San Diego where Almihdhar and Alhazmi had lived the year before, and possibly live in again just before 9/11 (see Early September 2001). Basnan had been living in an apartment complex nearby, but he moves into the Parkwood Apartments in July. On the rental application, Basnan lists al-Bayoumi as a personal reference and a friend. A classified FBI report shortly after 9/11 suggests that the fact that Basnan moved in shortly after al-Bayoumi left “could indicate he succeeded Omar al-Bayoumi and may be undertaking activities on behalf of the Government of Saudi Arabia.” Both Basnan and al-Bayoumi have been suspected to be Saudi government agents. [Federal Bureau of Investigation, 10/3/2001 pdf file] Al-Bayoumi moves to Britain (see September 21-28, 2001). Basnan remains in San Diego through 9/11. According to one US official, Basnan later “celebrate[s] the heroes of September 11” and talks about “what a wonderful, glorious day it had been” at a party shortly after the attacks. [Newsweek, 11/24/2002; San Diego Magazine, 9/2003]

Entity Tags: Osama Basnan, Omar al-Bayoumi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to a statement later made by 9/11 plot facilitator Ramzi bin al-Shibh under interrogation, at this time he is to courier operational details that are too sensitive to trust to telephone or e-mail to 9/11 hijacker Mohamed Atta. He arranges a meeting with Atta in Kuala Lumpur, Malaysia, and travels there on a genuine Saudi passport in the name of Hasan Ali al-Assiri. While in Kuala Lumpur, bin al-Shibh applies for a Yemeni passport, but Atta does not show up and bin al-Shibh travels to Bangkok. Atta fails to come to Bangkok as well and bin al-Shibh then flies to Amsterdam and travels to Hamburg by train. In Hamburg he purchases a plane ticket to Spain, where he finally meets Atta (see July 8-19, 2001). [9/11 Commission, 8/21/2004, pp. 5 pdf file] However, the reliability of such statements by detainees is questioned due to the methods used to extract them (see June 16, 2004). Another of the hijackers, Khalid Almihdhar, is in Malaysia around this time, but it is not clear whether he and bin al-Shibh meet (see June 2001).

Entity Tags: Ramzi bin al-Shibh, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 2002, Newsweek will report: “The White House acknowledged for the first time, [President] Bush was privately beginning to worry about the stream of terror warnings he was hearing that summer, most of them aimed at US targets abroad. On July 5, five days before the Phoenix memo (see July 10, 2001), Bush directed [Condoleezza] Rice to figure out what was going on domestically.” [Newsweek, 5/27/2002] In 2004, President Bush will explain why he requested this: “[T]he reason I did is because there had been a lot of threat intelligence from overseas. And part of it had to do with the Genoa [Italy] G8 conference that I was going to attend.” [US President, 4/19/2004] Though he does not mention it, the chief security concern at the late July 2001 conference he mentions is intelligence that al-Qaeda plans to fly an airplane into the conference. This threat is so widely reported before the conference (with some reports before July 5 (see June 13, 2001 and Mid-July 2001) that the attack is called off (see July 20-22, 2001). For instance, in late June, Time magazine mentioned a German intelligence report of an Osama bin Laden plot “to fly remote-controlled model aircraft packed with Semtex into the conference hall and blow the leaders of the industrialized world to smithereens” (see June 20, 2001). Bush will later claim that this request is specifically for the later-famous August 6, 2001 briefing entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001), although the CIA analysts who draft it will deny this (see July 13, 2004). [US President, 4/19/2004]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On July 5, 2001, counterterrorism “tsar” Richard Clarke gave a dramatic briefing to representatives from several domestic agencies on the urgent al-Qaeda threat (see July 5, 2001). However, the warnings given generally are not passed on by the attendees back to their respective agencies. The domestic agencies were not questioned about how they planned to address the threat and were not told what was expected of them. According to the 9/11 Commission, attendees later “report that they were told not to disseminate the threat information they received at the meeting. They interpreted this direction to mean that although they could brief their superiors, they could not send out advisories to the field.” One National Security Council official has a different recollection of what happened, recalling that attendees were asked to take the information back to their agencies and “do what you can” with it, subject to classification and distribution restrictions. But, for whatever reason, none of the involved agencies post internal warnings based on the meeting, except for Customs which puts out a general warning based entirely on publicly known historical facts. [9/11 Commission, 7/24/2004, pp. 258, 264] The FAA issues general and routine threat advisories that don’t reflect the level of urgency expressed by Clarke and others (see January-August 2001). FAA Administrator Jane Garvey later claims she was unaware of a heightened threat level, but in 2005 it will be revealed that about half of the FAA’s daily briefings during this time period referred to bin Laden or al-Qaeda (see April 1, 2001-September 10, 2001). [New York Times, 4/18/2004] Clarke said rhetorically in the meeting that he wants to know if a sparrow has fallen from a tree. A senior FBI official attended the meeting and promised a redoubling of the FBI’s efforts. However, just five days after Clarke’s meeting, FBI agent Ken Williams sends off his memo speculating that al-Qaeda may be training operatives as pilots in the US (see July 10, 2001), yet the FBI fails to share this information with Clarke or any other agency. [Washington Post, 5/17/2002; Clarke, 2004, pp. 236-37] The FBI will also fail to tell Clarke about the arrest of Zacarias Moussaoui (see August 16, 2001), or what they know about Nawaf Alhazmi and Khalid Almihdhar (see August 23, 2001).

Entity Tags: Federal Bureau of Investigation, Federal Aviation Administration, Zacarias Moussaoui, US Customs Service, Nawaf Alhazmi, Al-Qaeda, Counterterrorism and Security Group, George J. Tenet, Condoleezza Rice, Andrew Card, Ken Williams, Richard A. Clarke, Khalid Almihdhar, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI agent Ken Williams.FBI agent Ken Williams. [Source: FBI]Phoenix, Arizona, FBI agent Ken Williams sends a memorandum warning about suspicious activities involving a group of Middle Eastern men taking flight training lessons in Arizona. The memo is titled: “Zakaria Mustapha Soubra; IT-OTHER (Islamic Army of the Caucasus),” because it focuses on Zakaria Soubra, a Lebanese flight student in Prescott, Arizona, and his connection with a terror group in Chechnya that has ties to al-Qaeda. It is subtitled: “Osama bin Laden and Al-Muhjiroun supporters attending civil aviation universities/colleges in Arizona.” [Fortune, 5/22/2002; Arizona Republic, 7/24/2003] Williams’ memo is based on an investigation of Sorba that Williams had begun in 2000 (see April 2000), but he had trouble pursuing because of the low priority the Arizona FBI office gave terror investigations (see April 2000-June 2001). Additionally, Williams had been alerted to suspicions about radical militants and aircraft at least three other times (see October 1996; 1998; November 1999-August 2001). In the memo, Williams does the following:
bullet Names nine other suspect students from Pakistan, India, Kenya, Algeria, the United Arab Emirates, and Saudi Arabia. [Die Zeit (Hamburg), 10/1/2002] Hijacker Hani Hanjour, attending flight school in Arizona in early 2001 and probably continuing into the summer of 2001 (see Summer 2001), is not one of the students, but, as explained below, it seems two of the students know him. [US Congress, 7/24/2003, pp. 135 pdf file; Washington Post, 7/25/2003]
bullet Notes that he interviewed some of these students, and heard some of them make hostile comments about the US. Additionally, he noticed that they were suspiciously well informed about security measures at US airports. [Die Zeit (Hamburg), 10/1/2002]
bullet Notes an increasing, “inordinate number of individuals of investigative interest” taking flight lessons in Arizona. [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file]
bullet Suspects that some of the ten people he has investigated are connected to al-Qaeda. [US Congress, 7/24/2003, pp. 135 pdf file] One person on the list, Ghassan al Sharbi, will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). Al Sharbi attended a flight school in Prescott, Arizona. He also apparently attended the training camps in Afghanistan and swore loyalty to bin Laden in the summer of 2001. He apparently knows Hani Hanjour in Arizona (see October 1996-Late April 1999). He also is the roommate of Soubra, the main target of the memo. [Los Angeles Times, 1/24/2003; 9/11 Commission, 7/24/2004, pp. 521]
bullet Discovers that one of them was communicating through an intermediary with Abu Zubaida. This apparently is a reference to Hamed al Sulami, who had been telephoning a Saudi imam known to be Zubaida’s spiritual advisor. Al Sulami is an acquaintance of Hanjour in Arizona (see October 1996-Late April 1999). [Mercury News (San Jose), 5/23/2002; 9/11 Commission, 7/24/2004, pp. 520-521, 529]
bullet Discusses connections between several of the students and a radical group called Al-Muhajiroun. [Mercury News (San Jose), 5/23/2002] This group supported bin Laden, and issued a fatwa, or call to arms, that included airports on a list of acceptable terror targets. [Associated Press, 5/22/2002] Soubra, the main focus of the memo, is a member of Al-Muhajiroun and an outspoken radical. He met with Sheikh Omar Bakri Mohammed, the leader of Al-Muhajiroun in Britain, and started an Arizona chapter of the organization. After 9/11, some US officials will suspect that Soubra has ties to al-Qaeda and other terrorist groups. He will be held two years, then deported to Lebanon in 2004. [Los Angeles Times, 10/28/2001; Los Angeles Times, 1/24/2003; Arizona Republic, 5/2/2004; Arizona Monthly, 11/2004] Though Williams doesn’t include it in his memo, in the summer of 1998, Bakri publicized a fax sent by bin Laden to him that listed al-Qaeda’s four objectives in fighting the US. The first objective was “bring down their airliners.” (see Summer 1998). [Los Angeles Times, 10/28/2001]
bullet Warns of a possible “effort by Osama bin Laden to send students to the US to attend civil aviation universities and colleges” [Fortune, 5/22/2002] , so they can later hijack aircraft. [Die Zeit (Hamburg), 10/1/2002]
bullet Recommends that the “FBI should accumulate a listing of civil aviation universities and colleges around the country. FBI field offices with these types of schools in their area should establish appropriate liaison. FBI [headquarters] should discuss this matter with other elements of the US intelligence community and task the community for any information that supports Phoenix’s suspicions.” [Arizona Republic, 7/24/2003] (The FBI has already done this, but because of poor FBI communications, Williams is not aware of the report.)
bullet Recommends that the FBI ask the State Department to provide visa data on flight school students from Middle Eastern countries, which will facilitate FBI tracking efforts. [New York Times, 5/4/2002]
The memo is addressed to the following FBI Agents:
bullet Dave Frasca, chief of the Radical Fundamentalist Unit (RFU) at FBI headquarters;
bullet Elizabeth Harvey Matson, Mark Connor and Fred Stremmel, Intelligence Operations Specialists in the RFU;
bullet Rod Middleton, acting chief of the Usama bin Laden Unit (UBLU);
bullet Jennifer Maitner, an Intelligence Operations Specialist in the UBLU;
bullet Jack Cloonan, an agent on the New York FBI’s bin Laden unit, the I-49 squad; (see January 1996 and Spring 2000).
bullet Michael S. Butsch, an agent on another New York FBI squad dealing with other Sunni terrorists. [Federal Bureau of Investigation, 7/10/2001 pdf file; US Congress, 7/24/2003, pp. 135 pdf file]
However, the memo is not uploaded into the FBI’s information system until the end of the month and is apparently not received by all these people (see July 27, 2001 and after). Williams also shares some concerns with the CIA (see (July 27, 2001)). [Mercury News (San Jose), 5/23/2002] One anonymous government official who has seen the memo says, “This was as actionable a memo as could have been written by anyone.” [Insight, 5/27/2002] However, the memo is merely marked “routine,” rather than “urgent.” It is generally ignored, not shared with other FBI offices, and the recommendations are not taken. One colleague in New York replies at the time that the memo is “speculative and not very significant.” [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file] Williams is unaware of many FBI investigations and leads that could have given weight to his memo. Authorities later claim that Williams was only pursuing a hunch, but one familiar with classified information says, “This was not a vague hunch. He was doing a case on these guys.” [Mercury News (San Jose), 5/23/2002]

Entity Tags: Jennifer Maitner, Federal Bureau of Investigation, Fred Stremmel, Ghassan al Sharbi, Hani Hanjour, I-49, Jack Cloonan, Elizabeth Matson, Islamic Army of the Caucasus, David Frasca, Michael Butsch, Al-Muhajiroun, Zakaria Mustapha Soubra, Sheikh Omar Bakri Mohammed, Al-Qaeda, Rod Middleton, Osama bin Laden, Radical Fundamentalist Unit, Mark Connor, Ken Williams, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI headquarters.FBI headquarters. [Source: GlobeXplorer]FBI headquarters receives the Phoenix Memo, but does not act on it. The memo was drafted by Arizona FBI agent Ken Williams and warns that a large number of Islamic extremists are learning to fly in the US. It is dated 17 days earlier, but is not uploaded until this date (see July 10, 2001). Although the memo is addressed to eight specific agents, it is apparently not received by all of them. The Justice Department’s Office of Inspector General will later say that the memo was not delivered directly to the addressees, but uploaded to a central dispatching point, from where it was assigned to Radical Fundamentalist Unit agent Elizabeth Matson on July 30. Before sending the memo, Williams called both Matson and her colleague Fred Stremmel to talk to them about it. Matson pulls up the memo, which has “routine” precedence, and prints and reads it. However, she thinks it should go to the bin Laden unit. A week later she discusses the matter with bin Laden unit agent Jennifer Maitner and they agree that Maitner will do some research and then they will talk again. Matson will later tell the Office of Inspector General she may have mentioned the memo to her superior, but is not sure. Her superior will say he was not consulted. Maitner discusses the memo with bin Laden unit chief Rod Middleton and also sends it to the FBI’s Portland, Oregon, field office, which was previously interested in one of the men named in the memo. However, she does not do anything else with it before 9/11, apparently due to her high workload. The FBI will later acknowledge the memo did not receive the sufficient or timely analysis that it deserved. [US Department of Justice, 11/2004, pp. 65-77, 80 pdf file] The memo is also seen by the FBI’s New York field office (see July 27, 2001 or Shortly After), another RFU agent researching the Moussaoui case (see August 22, 2001) and possibly the CIA’s bin Laden unit (see (July 27, 2001)).

Entity Tags: Rod Middleton, Ken Williams, Radical Fundamentalist Unit, Fred Stremmel, FBI Headquarters, Elizabeth Matson, FBI Portland field office, Jennifer Maitner

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s New York field office, which specializes in international terrorism, receives Ken Williams’ Phoenix Memo, but only briefly checks the named radicals and does not respond to Williams. In the memo, Williams noted that there is a suspiciously large number of Islamic extremists learning to fly in Arizona. Some of them will turn out to be connected to 9/11 hijacker Hani Hanjour (see July 10, 2001). Williams sent the memo to FBI headquarters (see July 27, 2001 and after) and the I-49 squad in the New York FBI field office. In New York, the memo is read by FBI agent Jack Cloonan, a member of the I-49 squad. Cloonan believes that the memo has a “glaring deficiency,” as he thinks bin Laden does not have a support operation in Arizona any more. He forms the opinion that William’s theory and conclusions are “faulty.” However, two of the hijackers were in Arizona in early 2001 (see December 12, 2000-March 2001) and some of the people named in the memo will later be linked to bin Laden (see October 1996-Late April 1999). In August 2001, Cloonan will ask, “Who’s going to conduct the thirty thousand interviews? When the f_ck do we have time for this?” Nonetheless, he checks out the eight names mentioned in the memo. He will apparently find nothing, although several individuals associated with the Phoenix cell are Sunni extremists (see November 1999-August 2001). The memo is also read by an analyst and an auditor in New York while they are researching other matters, and Cloonan will tell the Justice Department’s Office of Inspector General (OIG) he may have discussed the memo with some of his colleagues. The OIG’s report will say Cloonan told investigators that “he did not contact Williams or anyone else in Phoenix to discuss the [memo].” However, in a 2006 book author Lawrence Wright, citing an interview with Cloonan, will say that Cloonan spoke to Williams’ supervisor in Phoenix about it. [US Department of Justice, 11/2004, pp. 77-9 pdf file; Wright, 2006, pp. 350, 426] The I-49 squad possibly forwards the memo to the Alec Station bin Laden unit at the CIA’s Counterterrorist Center (see (July 27, 2001)).

Entity Tags: I-49, Office of the Inspector General (DOJ), Jack Cloonan, Ken Williams

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA officers who draft a presidential daily briefing (PDB) item given to George Bush on August 6 (see August 6, 2001) ask an FBI agent for additional information and also to review a draft of the memo, but she does not provide all the additional information she could. The 9/11 Commission will refer to the FBI agent as “Jen M,” so she is presumably Jennifer Maitner, an agent with the Osama bin Laden unit at FBI headquarters. The purpose of the memo is to communicate to the president the intelligence community’s view that the threat of attacks by bin Laden is both current and serious. But Maitner fails to add some important information that she has: around the end of July, she was informed of the Phoenix memo, which suggests that an inordinate number of bin Laden-related Arabs are taking flying lessons in the US (see July 10, 2001). She does not link this to the portion of the memo discussing aircraft hijackings. Responsibility for dealing with the Phoenix memo is formally transferred to her on August 7, when she reads the full text. The finished PDB item discusses the possibility bin Laden operatives may hijack an airliner and says that there are “patterns of suspicious activity in this country consistent with preparations for hijackings.” It is unclear whether the draft PDB item Maitner reviews contains this information. However, if it does, it apparently does not inspire her to take any significant action on the memo before 9/11, such as contacting the agents in Phoenix to notify them of the preparations for hijackings (see July 27, 2001 and after). The PDB will contain an error, saying that the FBI was conducting 70 full field investigations of bin Laden-related individuals (see August 6, 2001), but this error is added after Maitner reviews the draft, so she does not have the opportunity to remove it. [9/11 Commission, 7/24/2004, pp. 260-2, 535; US Department of Justice, 11/2004, pp. 69-77 pdf file]

Entity Tags: Central Intelligence Agency, FBI Headquarters, Federal Bureau of Investigation, Usama bin Laden Unit (FBI), Jennifer Maitner

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI Minneapolis field office wishes to search Zacarias Moussaoui’s belongings, which will later be found to contain enough information to potentially stop 9/11 (see August 16, 2001). To do so it must get the approval of the Radical Fundamentalist Unit (RFU) at FBI headquarters. However, the RFU throws obstacles in the warrant request’s path:
bullet RFU chief Dave Frasca stops the Minneapolis office from pursuing a criminal warrant (see August 21, 2001);
bullet When French authorities say that Moussaoui is connected to the Chechen rebels, RFU agent Mike Maltbie insists that the FBI representative in Paris go through all telephone directories in France to see how many Zacarias Moussaouis live there (see August 22, 2001);
bullet Maltbie stops Minneapolis from informing the Justice Department’s Criminal Division about the case (see August 22, 2001);
bullet When RFU agent Rita Flack, who is working on the Moussaoui case, reads the Phoenix memo suggesting that bin Laden is sending pilots to the US for training, she apparently does not tell her colleagues about it, even though it was addressed to several of them, including Frasca (see July 10, 2001 and August 22, 2001);
bullet The RFU does not provide the relevant documentation to attorneys consulted about the request. In particular, Flack does not tell them about the Phoenix Memo, even though one of the attorneys will later say she asked Flack if anyone is sending radical Islamists to the US to learn to fly (see August 22-28, 2001);
bullet When Minneapolis learns Moussaoui apparently wants to go on jihad, Frasca is not concerned and says jihad does not necessarily mean holy war. However, a top Justice Department attorney will later say “he would have tied bells and whistles” to this comment in a request for a search warrant had he known this (see August 17, 2001 and August 29, 2001);
bullet Maltbie tells the Minneapolis office that getting a warrant will “take a few months” (see August 24, 2001). He also tells Minneapolis, “We know what’s going on. You will not question us.” (see August 27, 2001);
bullet Maltbie weakens the warrant request by editing it and removing a statement by a CIA officer that Chechen rebel leader Ibn Khattab was closely connected to Osama bin Laden, despite there being intelligence linking that leader to bin Laden (see August 28, 2001);
bullet In a key meeting with an attorney about the request, Maltbie and Flack, who are submitting the warrant, are adamant that it is not sufficiently supported (see August 28, 2001);
bullet Frasca opposes a plan to put an undercover officer in the jail cell with Moussaoui to find out more information about his connections to Islamic militants (August 29, 2001 and Shortly After);
bullet The RFU does not want a Minneapolis agent to accompany Moussaoui when he is deported (see (August 30-September 10, 2001));
bullet The RFU does not re-consider getting a criminal search warrant after a decision is taken not to seek a warrant under the Foreign Intelligence Surveillance Act (see After August 28, 2001);
bullet Frasca and Maltbie are said to oppose a search warrant after 9/11 (see September 11, 2001).
It is unclear why the RFU opposes the warrant so strongly. The Justice Department’s Office of Inspector General will later criticize the RFU staff, but will conclude that they did not intentionally sabotage the warrant application. [US Department of Justice, 11/2004, pp. 101-222 pdf file] A 2004 book by independent researcher Mike Ruppert will speculate that Frasca is actually a CIA agent. Ruppert suggests that the CIA placed Frasca in the FBI to prevent CIA operations from being compromised by FBI investigations. But he does not provide any direct evidence of ties between Frasca and the CIA (see October 1, 2004). The Minneapolis agents will offer a different interpretation of RFU actions. Coleen Rowley will say, “I feel that certain facts… have, up to now, been omitted, downplayed, glossed over and/or mischaracterized in an effort to avoid or minimize personal and/or institutional embarrassment on the part of the FBI and/or perhaps even for improper political reasons.” She asks, “Why would an FBI agent deliberately sabotage a case? The superiors acted so strangely that some agents in the Minneapolis office openly joked that these higher-ups ‘had to be spies or moles… working for Osama bin Laden.’… Our best real guess, however, is that, in most cases avoidance of all ‘unnecessary’ actions/decisions by FBI [headquarters] managers… has, in recent years, been seen as the safest FBI career course. Numerous high-ranking FBI officials who have made decisions or have taken actions which, in hindsight, turned out to be mistaken or just turned out badly… have seen their careers plummet and end. This has in turn resulted in a climate of fear which has chilled aggressive FBI law enforcement action/decisions.” [Time, 5/21/2002] Minneapolis FBI agent Harry Samit will agree with explanation, telling the Justice Department’s Office of Inspector General that the RFU is guilty of “obstructionism, criminal negligence, and careerism.” [Associated Press, 3/20/2006] Samit will also say that Maltbie even told him he was acting this way to “preserve the existence of his advancement potential” in the FBI. [Newsday, 3/21/2006]

Entity Tags: Radical Fundamentalist Unit, Michael Maltbie, David Frasca, FBI Headquarters, Harry Samit, Rita Flack, Coleen Rowley

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Rita Flack, an intelligence operations specialist with the FBI’s Radical Fundamentalist Unit, is looking for evidence of ties between Zacarias Moussaoui and a foreign power so the agency can obtain a warrant to search Moussaoui’s belongings (see August 21, 2001). On this day, she comes across the Phoenix memo written by FBI agent Ken Williams (see July 10, 2001) which observed that an unusual number of Islamic radicals are taking aviation training in the US. In the memo, Williams suggested that bin Laden may be coordinating the flight training as part of preparations for a terrorist attack. Flack prints the Phoenix memo. She will later tell the Justice Department’s Office of Inspector General that it is her usual practice to read the documents she prints, but she will not recall actually reading the Phoenix memo. She will also say she did not give the memo to anyone else, including colleague Mike Maltbie or the Minneapolis FBI field office. Nor did she discuss it with anyone, she says. After 9/11, she will say that there was nothing in the memo that would have bolstered Moussaoui’s connection to a foreign power, although this will be disputed by three National Security Law Unit attorneys (see August 22-28, 2001). The Justice Department’s Office of Inspector General will state: “We believe she should have at least recognized the relevance of the [memo] and the potential relationship of its theories to the Moussaoui case… We think [Flack] should have brought the Phoenix [memo] to someone’s attention.” [US Department of Justice, 11/2004, pp. 145-6, 217-8 pdf file; US Department of Justice, 3/1/2006 pdf file] The Senate Judiciary Committee will also later say, “The [Phoenix memo] contained information that was material to the decision whether or not to seek a FISA warrant in the Moussaoui case.” [US Congress, 2/2003]

Entity Tags: Ken Williams, FBI Headquarters, Rita Flack, Radical Fundamentalist Unit

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission later will note that at this time, an unnamed foreign intelligence “service report[s] that [al-Qaeda deputy leader] Abu Zubaida [is] considering mounting terrorist attacks in the United States, after postponing possible operations in Europe. No targets, timing or method of attack [are] provided.” Newsweek will suggest that most or all of this information may have come from a US debriefing of al-Qaeda bomber Ahmed Ressam in May 2001 (see May 30, 2001). Newsweek will note that it is a common occurrence for foreign intelligence agencies to “simply rereport to the CIA what it had originally learned from the FBI through separate channels.” Still, even “the multiple channels for Ressam’s warnings [do] little to change thinking within the FBI or CIA…” [Newsweek, 4/28/2005; US District Court of Eastern Virginia, 5/4/2006, pp. 6 pdf file] However, it is possible the information could be more than a mirror of what Ressam said, since a number of Western intelligence agencies are monitoring Zubaida’s phone calls before 9/11 (see October 1998 and After).

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Abu Zubaida, 9/11 Commission, Ahmed Ressam, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” [US Congress, 7/24/2003, pp. 322; 9/11 Commission, 7/24/2004, pp. 277]

Entity Tags: Al-Qaeda, Ramzi Yousef, Alec Station, Khalid Shaikh Mohammed, Central Intelligence Agency, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zakariya Essabar.Zakariya Essabar. [Source: Interpol]Al-Qaeda Hamburg cell member Zakariya Essabar allegedly travels to Pakistan and delivers a message to al-Qaeda leaders about the timing of the 9/11 attacks. Hamburg cell member Ramzi bin al-Shibh will later be arrested and interrogated, and according to a 2005 report about his interrogations, Essabar delivers the simple message “eleven nine.” Most countries around the world, including Muslim countries, put the day before the month, so this is a reference to September 11, the date of the upcoming 9/11 attacks. This message is supposed to be sent to someone with the name Mukhtar in Pakistan. Mukhtar is a commonly used alias of 9/11 mastermind Khalid Shaikh Mohammed (KSM) (see August 28, 2001), and he is in Karachi, Pakistan, at the time (see Early September 2001), so this is likely a reference to him. But Essabar apparently is unable to quickly find KSM, and he calls bin al-Shibh in Germany to say he is having trouble finding him. Presumably, bin al-Shibh loses contact with Essabar after this, so it is unclear what happens to the message. [Washington Post, 5/24/2005] However, it is unclear how reliable bin al-Shibh’s claims may be, especially since he may be tortured later. Bin al-Shibh will give conflicting information about Essabar. At one point, he claims he knows nothing about Essabar at all. At another point, he claims that al-Qaeda leader Mohammed Atef told Essabar to try to acquire a US visa, but did not explain why, and Essabar had no foreknowledge of the 9/11 attacks. But at another point, he claims that Essabar was told the get the US visa so he “could travel to the United States to take part in the planned attacks.” [Reuters, 5/21/2005; Washington Post, 5/24/2005] While it may be uncertain if Essabar delivers a message on the timing of the 9/11 attacks, it is highly likely that he does flee to Afghanistan at this time. Others will later say they see him at an al-Qaeda training camp in Afghanistan in late September 2001 (see September 10, 2001). His whereabouts after then will be unknown.

Entity Tags: Mohammed Atef, Al-Qaeda, Zakariya Essabar, Khalid Shaikh Mohammed, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA intercepts “multiple phone calls from Abu Zubaida, bin Laden’s chief of operations, to the United States.” The timing and information contained in these intercepted phone calls has not been disclosed. [ABC News, 2/18/2002] In 2007, author and former CIA officer Robert Baer will comment that “apparently, when Abu Zubaida was captured, telephone records, including calls to the United States, were found in the house he was living in. The calls stopped on September 10, and resumed on September 16 (see September 16, 2001 and After). There’s nothing in the 9/11 Commission report about any of this, and I have no idea whether the leads were run down, the evidence lost or destroyed.” [Time, 12/7/2007] US intelligence had just been warned about a week earlier that Zubaida may be planning an attack on the US (see August 24, 2001). Zubaida’s exact position within al-Qaeda is disputed; he will be captured in 2002 (see March 28, 2002). It appears that a number of Western intelligence agencies were monitoring Zubaida’s calls since at least late 1998 (see October 1998 and After), and continue monitoring his calls in the weeks after 9/11 (see October 8, 2001).

Entity Tags: Robert Baer, Abu Zubaida, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

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

President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right.President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right. [Source: Eric Draper/ White House]President Bush meets with his full National Security Council. According to journalist Bob Woodward, this meeting turns out to be “unwieldy.” So at 9:30 p.m., Bush follows it with a meeting with a smaller group of his most senior principal national security advisers in the Presidential Emergency Operations Center (PEOC) beneath the White House. Bush and his advisers have already decided bin Laden is behind the attacks. As the president later recalls, in these meetings, “That’s when we first got the indication… we’ve identified, we think it’s al-Qaeda.” He says the FBI now thinks that “it’s al-Qaeda, and we start to develop our plans to get them. I mean, there wasn’t any hesitation. We’re starting the process of coalition-building and how to get ‘em.” (According to other accounts, though, the CIA had informed Bush hours earlier that it was virtually certain al-Qaeda was to blame for the attacks (see (3:15 p.m.) September 11, 2001).) CIA Director George Tenet says that al-Qaeda and the Taliban in Afghanistan are essentially one and the same. Tenet says, “Tell the Taliban we’re finished with them.” [Sammon, 2002, pp. 133; Woodward, 2002, pp. 31-33; Washington Post, 1/27/2002] The president says, “I want you all to understand that we are at war and we will stay at war until this is done. Nothing else matters. Everything is available for the pursuit of this war. Any barriers in your way, they’re gone. Any money you need, you have it. This is our only agenda.” When, later in the discussion, Defense Secretary Donald Rumsfeld points out that international law only allows force to prevent future attacks and not for retribution, Bush yells, “No. I don’t care what the international lawyers say, we are going to kick some ass.” [Clarke, 2004, pp. 23-24] Bush will subsequently announce a new US doctrine of preemptive attack the following June (see June 1, 2002). [Time, 6/23/2002] During the meeting, the president refers to the present political situation as a “great opportunity” (see (Between 9:30 p.m. and 10:00 p.m.) September 11, 2001). By the time the meeting ends, it is after 10 p.m. [Sammon, 2002, pp. 133]

Entity Tags: Osama bin Laden, Taliban, National Security Council, Richard A. Clarke, George W. Bush, Donald Rumsfeld, Al-Qaeda, George J. Tenet, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]

Entity Tags: US Department of Defense, Taliban, Scott Horton, Joint Chiefs of Staff, Richard (“Dick”) Cheney, David S. Addington, George W. Bush, John C. Yoo, Al-Qaeda, Authorization to Use Military Force (AUMF)

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

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

In 2007, former CIA officer Robert Baer will comment in Time magazine, “[A]pparently, when [al-Qaeda leader] Abu Zubaida was captured, telephone records, including calls to the United States, were found in the house he was living in. The calls stopped on September 10, and resumed on September 16. There’s nothing in the 9/11 Commission report about any of this, and I have no idea whether the leads were run down, the evidence lost or destroyed.” [Time, 12/7/2007] In fact, it seems likely the calls were monitored at the time by US intelligence and not just discovered after Zubaida’s capture in 2002. For instance, it has been reported elsewhere that Zubaida’s calls to the US in the week before 9/11 were being monitored by US intelligence (see Early September 2001) and 70 calls Zubaida made to operatives in Bosnia were monitored in the weeks just after 9/11 (see October 8, 2001). These calls to the US after 9/11 would suggest that al-Qaeda continues to have operatives there, but there have been no reports of any genuine al-Qaeda operatives arrested in the US in the weeks and months after 9/11 except for Nabil al-Marabh arrested on September 19, 2001 (see September 19, 2001).

Entity Tags: Abu Zubaida

Timeline Tags: Complete 911 Timeline

President Bush signs a directive giving the CIA the authority to kill or capture suspected al-Qaeda members and to set up a global network of secret detention facilities—“black sites”—for imprisoning and interrogating them. [Truthout (.org), 8/27/2004]
Secret Prison System - The International Committee of the Red Cross (ICRC) will later call the sites a “hidden global internment network” designed for secret detentions, interrogations, and ultimately, torture. At least 100 prisoners will be remanded to this secret system of “extraordinary rendition.” The network will have its own fleet of aircraft (see October 4, 2001) and relatively standardized transfer procedures. [New York Review of Books, 3/15/2009] The directive, known as a memorandum of notification, will become the foundation for the CIA’s secret prison system. The directive does not spell out specific guidelines for interrogations. [New York Times, 9/10/2006]
Secret Assassination List - Bush also approves a secret “high-value target list” containing about two dozen names, giving the CIA executive and legal authority to either kill or capture those on the list (see Shortly After September 17, 2001). The president is not required to approve each name added to the list and the CIA does not need presidential approval for specific attacks. Further, a presidential finding gives the CIA broad authority to capture or kill terrorists not on the list; the list is merely the CIA’s primary focus. The CIA will use these authorities to hunt for al-Qaeda leaders in Afghanistan and elsewhere. [New York Times, 12/15/2002]

Entity Tags: Central Intelligence Agency, George W. Bush, International Committee of the Red Cross, Al-Qaeda

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

The CIA begins a program to kill or capture al-Qaeda leaders using small teams of its paramilitary forces. [New York Times, 7/14/2009; Washington Post, 8/20/2009] The aim is to take out of circulation members of al-Qaeda and its affiliates who are judged to be plotting attacks against US forces or interests. The program’s establishment follows its proposal by an official at the CIA’s Counterterrorist Center (see Shortly After September 11, 2001) and official approval from the White House (see September 17, 2001). The program, initially run by the Counterterrorist Center, never becomes operational at the agency and no targets are ever proposed for the White House’s approval; although the CIA will both capture and kill several al-Qaeda leaders over the next few years (see, for example, February 29 or March 1, 2003 and December 1, 2005), these successes result from ad hoc operations or other programs. However, the Pentagon will later begin a parallel program that does kill and capture al-Qaeda leaders (see July 22, 2002). Although the CIA’s program is never used, it is, according to CIA spokesman George Little, “much more than a PowerPoint presentation.” [New York Times, 7/14/2009; Washington Post, 8/20/2009] Another official adds: “It’s wrong to think this counterterrorism program was confined to briefing slides or doodles on a cafeteria napkin. It went well beyond that.” [New York Times, 8/20/2009] Top CIA officials are briefed periodically about the program’s progress. [New York Times, 7/14/2009] The program is intended for use in Afghanistan and Iraq, as well as other countries. [New York Times, 7/14/2009; Washington Post, 8/20/2009] Reasons for its non-use include logistical, legal, and diplomatic hurdles. [New York Times, 8/20/2009] There are three versions of the program: an initial one done in house, another one operated by the private military contractor Blackwater (see 2004), and another, possibly after Blackwater leaves the program (see (2005-2006)). The total spending on the program is under $20 million over eight years. [Washington Post, 8/20/2009] There is a US government ban on assassinating people. However, the Bush administration takes the position that killing members of al-Qaeda, a terrorist group that attacked the US and has pledged to attack it again, is no different from killing enemy soldiers in battle, so the CIA is not constrained by the ban. [New York Times, 7/14/2009; New York Times, 8/20/2009]

Entity Tags: George Little, Central Intelligence Agency, Counterterrorist Center

Timeline Tags: Complete 911 Timeline, Civil Liberties, War in Afghanistan

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Mustafa Ahmed Alhawsawi.Mustafa Ahmed Alhawsawi. [Source: FBI]In 2000, the 9/11 hijackers receive money from a man using “Mustafa Ahmed al-Hisawi” and other aliases. On September 8-11, 2001, the hijackers send money to a man in the United Arab Emirates who uses the aliases “Mustafa Ahmed,” “Mustafa Ahmad,” and “Ahamad Mustafa.” Soon the media begins reporting on who this 9/11 “paymaster” is, but his reported names and identities will continually change. The media has sometimes made the obvious connection that the paymaster is Saeed Sheikh—a British financial expert who studied at the London School of Economics, undisputedly sent hijacker Mohamed Atta money the month before the attacks, made frequent trips to Dubai (where the money is sent), and is known to have trained the hijackers. However, the FBI consistently deflects attention to other possible explanations, with a highly confusing series of names vaguely similar to Mustafa Ahmed or Saeed Sheikh:
bullet September 24, 2001: Newsweek reports that the paymaster for the 9/11 attacks is someone named “Mustafa Ahmed.” [Newsweek, 10/1/2001] This refers to Mustafa Mahmoud Said Ahmed, an Egyptian al-Qaeda banker who was captured in Tanzania in 1998 then later released. [Sydney Morning Herald, 9/28/2001; Newsday, 10/3/2001]
bullet October 1, 2001: The Guardian reports that the real name of “Mustafa Mohamed Ahmad” is “Sheikh Saeed.” [Guardian, 10/1/2001] A few days later, CNN confirms from a “senior-level US government source” that this “Sheik Syed” is the British man Ahmed Omar Saeed Sheikh rescued from an Indian prison in 1999. [CNN, 10/6/2001; CNN, 10/8/2001] However, starting on October 8, the story that ISI Director Lt. Gen. Mahmood Ahmed ordered Saeed to give Mohamed Atta $100,000 begins to break. References to the 9/11 paymaster being the British Saeed Sheikh (and the connections to the ISI Director) suddenly disappear from the Western media (with one exception [CNN, 10/28/2001] ).
bullet October 2001: Other articles continue to use “Mustafa Mohammed Ahmad” or “Shaykh Saiid” with no details of his identity, except for suggestions that he is Egyptian. There are numerous spelling variations and conflicting accounts over which name is the alias. There is an Egyptian al-Qaeda financier leader named Mustafa Abu al-Yazid who uses some variant of Saeed Sheikh as an alias. [Evening Standard, 10/1/2001; BBC, 10/1/2001; Newsday, 10/3/2001; Associated Press, 10/6/2001; Washington Post, 10/7/2001; Sunday Times (London), 10/7/2001; Knight Ridder, 10/9/2001; New York Times, 10/15/2001; Los Angeles Times, 10/20/2001]
bullet October 16, 2001: CNN reports that the 9/11 paymaster “Sheik Sayid” is mentioned in a May 2001 trial of al-Qaeda members. However, this turns out to be a Kenyan named Sheik Sayyid el Masry. [Day 7. United States of America v. Usama bin Laden, et al., 2/20/2001; United States of America v. Usama bin Laden, et al., Day 8, 2/21/2001; CNN, 10/16/2001]
bullet November 11, 2001: The identity of 9/11 paymaster “Mustafa Ahmed” is suddenly no longer Egyptian, but is now a Saudi named Sa’d Al-Sharif, who is said to be bin Laden’s brother-in-law. [United Nations, 3/8/2001; Newsweek, 11/11/2001; Associated Press, 12/18/2001]
bullet December 11, 2001: The federal indictment of Zacarias Moussaoui calls the 9/11 paymaster “Mustafa Ahmed al-Hawsawi a/k/a ‘Mustafa Ahmed,’” and gives him Sa’d’s nationality and birth date. [MSNBC, 12/11/2001] Many articles begin adding “al-Hawsawi” to the Mustafa Ahmed name. [Washington Post, 12/13/2001; Washington Post, 1/7/2002; Los Angeles Times, 1/20/2002]
bullet January 23, 2002: As new information is reported in India, the media returns to the British Saeed Sheikh as the 9/11 paymaster. [Los Angeles Times, 1/23/2002; Daily Telegraph, 1/24/2002; Independent, 1/24/2002; Daily Telegraph, 1/27/2002] While his role in the kidnapping of Daniel Pearl is revealed on February 6, many articles connect him to 9/11, but many more do not. Coverage of Saeed’s 9/11 connections generally dies out by the time of his trial in July 2002.
bullet June 4, 2002: Without explanation, the name “Shaikh Saiid al-Sharif” begins to be used for the 9/11 paymaster, presumably a combination of Saeed Sheikh and S’ad al-Sharif. [Associated Press, 6/5/2002; Independent, 9/15/2002; Associated Press, 9/26/2002; San Francisco Chronicle, 11/15/2002] Many of the old names continue to be used, however. [New York Times, 7/10/2002; Time, 8/4/2002; Los Angeles Times, 9/1/2002; Chicago Tribune, 9/5/2002; Knight Ridder, 9/8/2002; Knight Ridder, 9/9/2002; Washington Post, 9/11/2002; Los Angeles Times, 12/24/2002]
bullet June 18, 2002: FBI Director Mueller testifies that the money sent in 2000 is sent by someone named “Ali Abdul Aziz Ali” but the money in 2001 is sent by “Shaikh Saiid al-Sharif.” The 9/11 Commission will later identify Aziz Ali as Khalid Shaikh Mohammed’s nephew and agree with Mueller that he sent the money in 2000. [US Congress, 9/26/2002; 9/11 Commission, 7/24/2004, pp. 1]
bullet September 4, 2002: Newsweek says “Mustafa Ahmad Adin al-Husawi,” presumably Saudi, is a deputy to the Egyptian “Sayyid Shaikh Al-Sharif.” However, it adds he “remains almost a total mystery,” and they are unsure of his name. [Newsweek, 9/4/2002]
bullet December 26, 2002: US officials now say there is no such person as Shaikh Saiid al-Sharif. Instead, he is probably a composite of three different people: “[Mustafa Ahmed] Al-Hisawi, Shaikh Saiid al-Masri, al-Qaeda’s finance chief, and Saad al-Sharif, bin Laden’s brother-in-law and a midlevel al-Qaeda financier.” [Associated Press, 12/27/2002] Shaikh Saiid al-Masri is likely a reference the Kenyan Sheik Sayyid el Masry. Note that, now, al-Hisawi is the assistant to Shaikh Saiid, a flip from a few months before. Saiid and/or al-Hisawi still haven’t been added to the FBI’s official most wanted lists. [London Times, 12/1/2001; Federal Bureau of Investigation, 2002; Wall Street Journal, 6/17/2002] Despite the confusion, the FBI isn’t even seeking information about them. [Federal Bureau of Investigation, 2/14/2002] Mustafa Ahmed al-Hawsawi is said to be arrested with Khalid Shaikh Mohammed in Pakistan in 2003, but no photos of him are released, and witnesses of the supposed arrest did not see al-Hawsawi or Mohammed there (see February 29 or March 1, 2003). [Reuters, 3/3/2003] A few weeks later, it will be reported that “the man US intelligence officials suspected of being al-Qaeda’s financial mastermind, Sheik Said al-Masri, remains at large.” [Business Week, 3/17/2003]

Entity Tags: Federal Bureau of Investigation, Khalid Shaikh Mohammed, Daniel Pearl, Mohamed Atta, Al-Qaeda, Ali Abdul Aziz Ali, Khalid el-Masri, Ahamad Mustafa, Mustafa, Mahmood Ahmed, Mustafa Ahmed al-Hawsawi, Sayyid Shaikh Al-Sharif, Mustafa Abu al-Yazid, Mustafa Ahmad Adin al-Husawi, Sa’d Al-Sharif, Saeed Sheikh, Mustafa Ahmed al-Hisawi, Osama bin Laden, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]

Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

Former AT&T employee Mark Klein.Former AT&T employee Mark Klein. [Source: PBS]The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and After September 11, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency.
Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA Today, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [Democracy Now!, 5/12/2006]
Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002-Early 2003).
Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency

Timeline Tags: Civil Liberties

The Justice Department’s John Yoo, an official in the Office of Legal Counsel (OLC), issues a secret opinion regarding legal statutes governing the use of certain interrogation techniques. The opinion will not be made public; its existence will not be revealed until October 18, 2007, when future OLC head Steven Bradbury will note its existence as part of an American Civil Liberties Union (ACLU) lawsuit. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, John C. Yoo, Office of Legal Counsel (DOJ), Steven Bradbury

Timeline Tags: Civil Liberties

The Afghan village of Darya Khanah is bombed on October 27, 2001.The Afghan village of Darya Khanah is bombed on October 27, 2001. [Source: Associated Press]The US begins bombing Afghanistan. [MSNBC, 11/2001] The bombing campaign will taper off around the end of 2001. Some, like counterterrorism “tsar” Richard Clarke, will later criticize the amount of time before the bombings could start. Shortly ater 9/11, Clarke was made co-chairman of an interagency committee to devise responses to al-Qaeda. He had advocated a “rapid, no-holds-barred” retaliation in Afghanistan, including sending troops to immediately seal off Afghanistan’s borders and cut off escape routes. But the Bush administration decided to focus on air power. The start of the bombing campaign was delayed until this date mostly because of concerns about US pilots being captured. A network of combat search and rescue teams were set up in neighboring countries first, to allow a rapid response in case a pilot was shot down. [Atlantic Monthly, 10/2004] Most documentary evidence suggests the US was not planning this bombing before 9/11. However, former Pakistani Foreign Secretary Niaz Naik has claimed that in July 2001 senior US officials told him that a military action to overthrow the Taliban in Afghanistan would, as the BBC put it, “take place before the snows started falling in Afghanistan, by the middle of October at the latest.” [BBC, 9/18/2001]

Entity Tags: Taliban, United States, Bush administration (43), Richard A. Clarke

Timeline Tags: War in Afghanistan

Bensayah Belkacem at Guantanamo.Bensayah Belkacem at Guantanamo. [Source: US Defense Department]US intelligence intercepts numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Bensayah Belkacem, an operative living in Bosnia. The New York Times will later report that shortly after 9/11, “American intelligence agencies, working closely with the government of neighboring Croatia, listened in as Mr. Belkacem and others discussed plans for attacks.” One US official says, “He was apparently on the phone constantly to Afghanistan, with Zubaida and others. There were dozens of calls to Afghanistan.” Belkacem, an Algerian, had moved to Bosnia to fight in the early 1990s war there, then obtained Bosnian citizenship and settled in Zenica, working for an Islamic charity. [New York Times, 1/23/2002] On October 8, 2001, Bosnian police detain Belkacem. While searching his home, they find a piece of note listing the name “Abu Zubeida” and Zubaida’s phone number. [Washington Post, 8/21/2006] It is later revealed that Belkacem made 70 calls to Zubaida between 9/11 and his arrest and more calls before then. He had repeatedly sought a visa to leave Bosnia for Germany just before 9/11. Phone transcripts show Zubaida and Belkacem discussed procuring passports. [Time, 11/12/2001] A US official will later claim that it was believed Zubaida was in Afghanistan with bin Laden at the time of Belkacem’s arrest. [New York Times, 1/23/2002] It has not been explained why this knowledge was not used to capture or kill Zubaida and/or bin Laden. It appears that Western intelligence agencies had been monitoring Zubaida’s calls as far back as 1996 (see (Mid-1996) and October 1998 and After). Belkacem and five of his associates will be renditioned to Guantanamo Bay prison in 2002 and remain imprisoned there (see January 18, 2002).

Entity Tags: Abu Zubaida, Bensayah Belkacem, US intelligence

Timeline Tags: Complete 911 Timeline

The FBI releases a list of its 22 most wanted terrorists. The US government offers up to $5 million for information leading to the capture of anyone of the list. The men are:
bullet Al-Qaeda leaders Osama bin Laden, who was indicted by a grand jury in 1998 (see June 8, 1998), Ayman al-Zawahiri, linked to a 1995 bombing in Pakistan (see November 19, 1995), and Mohammed Atef, who provided training to Somali fighters before the Black Hawk Down incident (see Late 1992-October 1993);
bullet Khalid Shaikh Mohammed (KSM), for his role in the 1995 Bojinka plot (see January 6, 1995). KSM is actually the mastermind of 9/11, although the US intelligence community has allegedly not yet pieced this information together (see (November 7, 2001));
bullet Several other operatives suspected of involvement in the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998): Fazul Abdullah Mohammed (see August 2, 2008), Mustafa Fadhil, Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam (see August 6-7, 1998)), Ahmed Khalfan Ghailani (see July 25-29, 2004), Sheikh Ahmed Salim Swedan (see July 11, 2002), Abdullah Ahmed Abdullah (see September 10, 2002), Anas al-Liby (see January 20, 2002- March 20, 2002), Saif al-Adel (see Spring 2002), Ahmed Mohammed Hamed Ali, and Mushin Musa Matwalli Atwah (see April 12, 2006);
bullet Abdul Rahman Yasin, a US-Iraqi involved in the 1993 World Trade Center bombing (see March 4-5,1993);
bullet Ahmed Ibrahim Al-Mughassil, Ali Saed Bin Ali El-Houri, Ibrahim Salih Mohammed Al-Yacoub, and Abdelkarim Hussein Mohamed Al-Nasser, for their alleged part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996);
bullet Imad Mugniyah, Hassan Izz-Al-Din, and Ali Atwa for the hijacking of TWA Flight 847 in June 1985. [CNN, 10/10/2001]

Entity Tags: Mohammed Atef, Mushin Musa Matwalli Atwah, Mustafa Fadhil, Osama bin Laden, Saif al-Adel, Khalid Shaikh Mohammed, Usama al-Kini, Sheikh Ahmed Salim Swedan, Imad Mugniyah, Mohammed Hamed Ali, Hassan Izz-Al-Din, Abdullah Ahmed Abdullah, Abdul Rahman Yasin, Abdelkarim Hussein Mohamed Al-Nasser, Ahmed Ibrahim Al-Mughassil, Ahmed Khalfan Ghailani, Ibrahim Salih Mohammed Al-Yacoub, Ali Saed Bin Ali El-Houri, Fazul Abdullah Mohammed, Federal Bureau of Investigation, Ali Atwa, Ayman al-Zawahiri, Anas al-Liby

Timeline Tags: Complete 911 Timeline

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law.President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
bullet 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
bullet 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
bullet 3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
bullet 4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
bullet 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
bullet 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
bullet 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).

Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank

Timeline Tags: Complete 911 Timeline, Civil Liberties

White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]

Entity Tags: Larry D. Thompson, John Ashcroft, Michael Chertoff, Donald J. Guter, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Shortly after the US invasion of Afghanistan (see October 19, 2001), the CIA takes control of an abandoned brick factory, and turns it into a training facility and secret prison. The facility, code-named the “Salt Pit,” is a 10-acre facility just north of Kabul. It is used to train Afghan counterterrorism forces and to house prisoners. The agency intends the Salt Pit to be a “host-nation facility,” manned and operated entirely by Afghans, in part so that CIA officials cannot be held accountable for the actions taken by the Afghan guards and interrogators. Similar methodologies are used in secret CIA prisons in other countries. However, the CIA pays the entire cost of maintaining the facility. It vets the guards who work there, and decides which prisoners will be kept in the facility, including some senior al-Qaeda operatives who will eventually be transferred to other facilities such as Guantanamo. Sometime before March 2005, the CIA will transfer its operations to another facility, and the Salt Pit will be demolished. [ABC News, 11/18/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

Mohammed Atef.Mohammed Atef. [Source: FBI]Al-Qaeda leader Mohammed Atef (a.k.a. Abu Hafs) is believed to have been killed in Gardez, near Kabul, Afghanistan. Atef is considered al-Qaeda’s military commander, and one of its top leaders. Initial reports claim he was killed by a US bombing raid, but later reports will reveal he was hit by Hellfire missile fired from a Predator drone. [US Department of State, 11/16/2001; ABC News, 11/17/2001; Newsweek, 11/11/2002] CIA Director George Tenet will later indicate that Atef was “a key player in the 9/11 attacks,” but the exact nature of his role has not been revealed. [Tenet, 2007, pp. 187] Documents and videotapes are discovered by US forces in the rubble after the raid. Details on two upcoming al-Qaeda attacks are discovered. Investigators examining the videotapes find images of about 50 al-Qaeda operatives (see November 15-Late December 2001). [Suskind, 2006, pp. 57]

Entity Tags: Al-Qaeda, Mohammed Atef

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

Entity Tags: Robert J. Delahunty, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo, US Department of Justice

Timeline Tags: Civil Liberties

Defense Secretary Donald Rumsfeld authorizes the creation of a “special-access program,” or SAP, with “blanket advance approval to kill or capture and, if possible, interrogate ‘high value’ targets in the Bush administration’s war on terror.” The operation, known as “Copper Green,” is approved by Condoleezza Rice and known to President Bush. A SAP is an ultra secret project, the contents of which are known by very few officials. “We’re not going to read more people than necessary into our heart of darkness,” a former senior intelligence official tells investigative reporter Seymour Hersh. The SAP is brought up occasionally within the National Security Council (NSC), chaired by the president and members of which are Rumsfeld, Cheney, and Powell. The former intelligence official tells Hersh, “There was a periodic briefing to the National Security Council giving updates on results, but not on the methods.” He also says he believes NSC members know about the process by which these results are acquired. This official claims that fewer than two hundred operatives and officials, including Rumsfeld and Joint Chiefs of Staff Chairman Gen. Richard Myers were “completely read into the program.” Under-Secretary of Defense for Intelligence Stephen Cambone is generally in charge of running such operations. Motive for the SAP comes from an initial freeze in the results obtained by US agents from their hunt for al-Qaeda. Friendly foreign intelligence services on the other hand, from countries in the Middle East and South-East Asia, which employ more aggressive tactics on prisoners, are giving up much better information by the end of 2001. By authorizing the SAP, Rumsfeld, according to Hersh, desires to adopt these tactics and thus increase intelligence results. “Rumsfeld’s goal was to get a capability in place to take on a high-value target—a stand-up group to hit quickly,” the former intelligence official tells Hersh. The program’s operatives were recruited from among Delta Force, Navy Seals, and CIA’s paramilitary experts. They are permitted to carry out “instant interrogations—using force if necessary—at secret CIA detention centers scattered around the world.” Information obtained through the program is sent to the Pentagon in real-time. The former intelligence official tells Hersh: “The rules are ‘Grab whom you must. Do what you want.’” The operation, according to Seymour Hersh, “encouraged physical coercion and sexual humiliation.” [New Yorker, 5/24/2004; Guardian, 9/13/2004] Both the Defense Department and CIA deny the existence of Copper Green. One Pentagon spokesman says of Hersh’s article about it, “This is the most hysterical piece of journalist malpractice I have ever observed.” [CNN, 5/17/2004]

Entity Tags: Stephen A. Cambone, Richard B. Myers, Richard (“Dick”) Cheney, George W. Bush, Colin Powell, Condoleezza Rice, Donald Rumsfeld, Operation Copper Green

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Gary Berntsen on an airplane, date and location unknown.Gary Berntsen on an airplane, date and location unknown. [Source: National Geographic]Richard Blee, head of the Sunni Extremist Group at the CIA’s Counterterrorist Center and a former head of Alec Station, the CIA’s bin Laden unit, is made chief of the CIA’s new station in Kabul. Blee replaces Gary Berntsen, who had effectively led the CIA’s war effort against the Taliban and al-Qaeda in Afghanistan. Berntsen is unhappy with being replaced, saying: “It felt as though someone had just thrown a bucket of cold water in my face. I couldn’t believe they were doing this in the middle of the most important battle of the war.” The battle of Tora Bora begins around this time and, although the US thinks it has Osama bin Laden cornered there, he somehow manages to escape (see November 16, 2001, November 26, 2001 and Early December 2001).
Replacement Decision Is Not Well Received - Berntsen’s staff members are also unhappy with the decision, and slap their hands over their heads and groan when they find out about it. They tell Berntsen, “No disrespect to Rich, but when you leave, we leave.” Berntsen will attribute Blee’s selection to his closeness to CIA Director George Tenet and Deputy Director of Operations James Pavitt, and will also hint that Blee strongly desired the job. [Berntsen and Pezzullo, 2005, pp. 296-7, 306] Berntsen pushed hard for US troops to be deployed to catch bin Laden (see Late October-Early December 2001), but it is not known whether Blee is in favor of using US troops or not. Blee will also instigate the transfer of Ibn al-Shaykh al-Libi from the FBI to Egypt shortly after arriving; this is the first such transfer of a major figure after 9/11 (see Shortly After December 19, 2001).
Blee's Replacement - Blee is apparently replaced as chief of the Sunni Extremist Group by someone known only as Hendrik V. (see (Between Summer and Winter 2001)). Hendrik V. will later be replaced by an official known as “Marty M.” before March 2003. [Tenet, 2007, pp. 232, 251] That is almost certainly Marty Martin, someone said to lead the search for bin Laden from 2002 to 2004 (see (Shortly After October 29, 2004)).

Entity Tags: Marty Martin, Gary Berntsen, Central Intelligence Agency, Hendrik V., Richard Blee

Timeline Tags: Complete 911 Timeline

Four prisoners captured at Tora Bora and shown to the media on December 17, 2001.Four prisoners captured at Tora Bora and shown to the media on December 17, 2001. [Source: Getty Images]US-allied forces declare that the battle of Tora Bora has been won. A ten-day ground offensive that began on December 5 has cleared out the remaining Taliban and al-Qaeda forces in Tora Bora. The Afghan war is now widely considered to be over. However, many will later consider the battle a failure because most of the enemy escapes (see December 5-17, 2001), and because the Taliban will later regroup. [Christian Science Monitor, 3/4/2002] The Christian Science Monitor later reports that up to 2,000 Taliban and al-Qaeda were in the area when the battle began. The vast majority successfully fled, and only 21 al-Qaeda fighters were finally captured. [Christian Science Monitor, 3/4/2002] US intelligence analysts later estimate that around 1,000 to 1,100 al-Qaeda fighters and an unknown number of leaders escaped Tora Bora, while Pakistani officials estimate 4,000 fighters plus 50 to 80 leaders escaped (see October 2004). [Knight Ridder, 10/30/2004] Author Ron Suskind will suggest in 2006 that there were just over 1,000 al-Qaeda and Taliban in the area, and of those, 250 were killed or captured. [Suskind, 2006, pp. 75 Sources: Ron Suskind] Bin Laden left the area by December 15, if not earlier (see December 15, 2001 and Mid-December 2001). It is believed that al-Qaeda’s number two leader, Ayman al-Zawahiri, also escaped the area around the same time. [Knight Ridder, 10/20/2002]

Entity Tags: Al-Qaeda, Osama bin Laden, Taliban, US Department of Defense

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).

Entity Tags: Zacarias Moussaoui, Richard C. Reid, Ibn al-Shaykh al-Libi, Russell Fincher

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

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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