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Context of 'April 24, 2006: Former CIA Analyst Defends Fired CIA Agent on Moral, Patriotic Grounds'

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A new video thought to be from al-Qaeda second-in-command Ayman al-Zawahiri praises the insurgency in Iraq. He describes militant leader Abu Musab al-Zarqawi as a “beloved brother” and says, “I have lived with him up close and have seen nothing but good from him.” However, the video was apparently made some time previously, in November 2005, and the man thought to be al-Zawahiri says it was made to mark the fourth anniversary of the battle of Tora Bora (see November 16, 2001). By November 2005, al-Zarqawi had had some sort of relationship with al-Qaeda for about a year (see October 17, 2004), but this relationship will end upon his death in mid-June (see June 8, 2006). [BBC, 4/13/2006]

Entity Tags: Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

Harper’s reporter Ken Silverstein reports on a quiet but widespread swell of resistance among CIA personnel to the Bush administration’s detention and torture policies. A former senior agency official tells Silverstein that there is a “big swing” in sentiments away from supporting the administration at Langley. “I’ve been stunned by what I’m hearing,” he says. “There are people who fear that indictments and subpoenas could be coming down, and they don’t want to get caught up in it.” The former official says there “seems to be a quiet conspiracy by rational people” at the CIA to avoid involvement in the worst of the administration’s policies, particularly the “rendition” of prisoners to foreign countries for interrogation and torture. The former official says, “There’s an SS group within the agency that’s willing to do anything and there’s a Wehrmacht group that is saying, ‘I’m not gonna touch this stuff.’” Lawyer and human rights activist Scott Horton confirms Silverstein’s reporting, saying that he too is hearing stories of growing dissent at the CIA. Horton says: “When the sh_t hits the fan, the administration scapegoats lower-level people. It doesn’t do a lot in terms of inspiring confidence.” [Harper's, 4/19/2006]

Entity Tags: Scott Horton, Bush administration (43), Ken Silverstein, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA announces that it has fired one of its officers, Mary McCarthy, who, it claims, “knowingly and willfully shared classified intelligence” with a newspaper reporter. McCarthy is alleged to have leaked information about the CIA’s network of secret overseas prisons to Washington Post reporter Dana Priest. The Post recently published a Pulitzer Prize-winning series of stories on the secret prison network; Priest was one of the main reporters for that series. McCarthy worked at the CIA’s Office of the Inspector General, which was investigating allegations that the CIA was torturing detainees at Iraqi prisons. The CIA claims McCarthy has admitted to the leaks, though it will not acknowledge that she was one of Priest’s sources for the prison stories. But McCarthy’s attorney, Ty Cobb, says that his client “emphatically denies she leaked any classified information and the facts would demonstrate that she would not even have access to any of the information attributed to her leaking to anyone.” She is “devastated,” Cobb says, that her long career will “forever be linked with misinformation about the reasons for her termination,” and that her firing was “certainly not for the reasons attributed to the agency.” Cobb notes that McCarthy is only 10 days short of retirement, and says, “Her hope had been to leave with her dignity and reputation intact, which obviously did not happen.” McCarthy has planned for some time to leave the agency and become a public interest lawyer. Her retirement process began well before the CIA began investigating the Post leaks. [New York Daily News, 4/22/2006; National Journal, 4/25/2006; Washington Post, 4/25/2006]
Aggressive Internal Probe - The CIA has conducted an aggressive internal investigation, administering polygraph tests to McCarthy and numerous other officials. “This was a very aggressive internal investigation,” says a former CIA officer. “[CIA Director Porter] Goss was determined to find the source of the secret jails story.” [New York Times, 4/21/2006] The agency has not asked the Justice Department to open a formal probe into the allegations against McCarthy, and resultingly, few expect that criminal charges will be filed against her or any others who may be accused of leaking information. [Washington Post, 4/25/2006] The Justice Department has already opened a probe of the leaks surrounding the Post stories, but no word of the results of that probe has been revealed. No reporters have been interviewed about the leaks: Post spokesman Eric Grant says, “No Post reporter has been subpoenaed or talked to investigators in connection with this matter.” Post executive editor Leonard Downie Jr. says that he cannot comment on the firing, but “[a]s a general principle, obviously I am opposed to criminalizing the dissemination of government information to the press.” [New York Times, 4/21/2006]
McCarthy Often Spoke to Reporters - A former CIA official tells a reporter that part of McCarthy’s job was to talk to the press in authorized interviews. “It is not uncommon for an officer, when they are designated to talk to the press, to let something slip, or not report every contact.” Former Deputy CIA Director Richard Kerr says of McCarthy: “She was a very qualified analyst in a variety of jobs. She had strong views sometimes, but I don’t know anyone who would describe her as a zealot or ideologue.”
CIA Officials Often 'Ignored' When Attempting to Bring Up Issues - Kerr adds that if McCarthy did leak classified information to the press, she behaved wrongly and should be held accountable. “If she believed there was something morally wrong or illegal going on, there were mechanisms within the system to go up the line, or complain,” he says. “The other possibility for her or anyone else is to quit and speak once you are outside.” Former CIA analyst and State Department counterterrorism official Larry Johnson disagrees, saying: “During this administration, there have been any number of CIA officers who have brought up issues through channels internally. There have been intelligence officers who have brought up things within their own agencies, and even spoken to Congressional intelligence committees or presidential commissions. But they have found themselves completely ignored.” [National Journal, 4/25/2006] A former intelligence official who knows McCarthy says: “Firing someone who was days away from retirement is the least serious action they could have taken. That’s certainly enough to frighten those who remain in the agency.” [Washington Post, 4/25/2006]
Senator Praises Firing - Senator Pat Roberts (R-KS), the chairman of the Senate Intelligence Committee, praises the CIA’s action. However, he is allegedly guilty of a far worse intelligence leak (see April 21, 2006).
Critics Claim Partisan Basis for Leaked Information - Some supporters of the Bush administration will claim that McCarthy’s leaks were politically motivated, and will point to the fact that in 2004, McCarthy contributed $2,000 to the presidential campaign of Democrat John Kerry (D-MA). [Washington Post, 4/25/2006] Columnist Melanie Morgan will accuse McCarthy of having “leftist ties,” and calls her a “revolting… liberal Democrat [sic] activist” who colluded with Priest, another “leftist,” to publish information that would “undermine America’s fight against terrorism.” She will also accuse McCarthy and Priest of working to help defeat Senator Curt Weldon (R-PA) in his 2006 re-election bid, and of having “suspicious” ties to Sandy Berger, the Clinton administration’s national security adviser, and former counterterrorism adviser Richard Clarke. She concludes: “The Clintonites are so desperate to regain power that they are willing to sell out our national security to do it. And the reporters who serve as agents for this effort are rewarded for executing their role in the effort.… And the people who are hurting America are being rewarded.” [WorldNetDaily, 4/28/2006]

Entity Tags: Bush administration (43), John Kerry, Leonard Downie, Jr., Central Intelligence Agency, Eric Grant, Larry C. Johnson, Dana Priest, US Department of Justice, Washington Post, Sandy Berger, Ty Cobb, Melanie Morgan, Mary McCarthy, Pat Roberts, Office of the Inspector General (CIA), Richard A. Clarke, Richard Kerr, Porter J. Goss

Timeline Tags: Civil Liberties

Jim Lehrer interviews Richard Kerr and Ray McGovern about the firing of CIA official Mary McCarthy.Jim Lehrer interviews Richard Kerr and Ray McGovern about the firing of CIA official Mary McCarthy. [Source: PBS]In an interview on PBS, two former CIA officials agree that fired CIA official Mary McCarthy should have been relieved of her duties by the agency (see April 21, 2006 and April 24, 2006), but have very different opinions on the context of the firing. News anchor Jim Lehrer interviews Richard Kerr, a former deputy director of the CIA under President George H. W. Bush, and veteran CIA analyst Ray McGovern, who is an outspoken critic of the Bush administration’s intelligence policies.
Moral and Legal Responsibility to Disclose War Crimes - McGovern says that McCarthy “was cognizant of war crimes [committed by the Bush adminsitration]. She needed to do something about that, from a moral and a legal perspective. And she chose this way to do it, because the other ways were blocked for her.” Kerr disagrees, saying “[i]t’s not at all clear to me that his description of the activity is fitting.” Either way, Kerr says, as a junior officer, McCarthy had no right to take her concerns public in any manner. “There’s all kinds of ways to go through the organization to make your feelings known, to give your views of it,” Kerr says, “[a]nd I think going out independently, with that kind of discipline, no intelligence organization can work that way.” McGovern agrees in principle, but says that McCarthy’s case is “exceptional.” McCarthy knew that the CIA was torturing prisoners in secret prisons around the globe (see November 2-18, 2005), and had no other means to alert the public to the war crimes being committed by the agency at the behest of the White House. McGovern says that her boss, CIA Inspector General John Helgerson, is “a creature of the director,” Porter Goss, who joined with Vice President Dick Cheney to push for authorization of torture, so she had no recourse by going through internal channels. Going to Congress would be pointless, McGovern says, because “the oversight committees—I hate to say this, but it’s a joke. She can’t get any redress from [Senator] Pat Roberts [(R-KS), the chairman of the Senate Intelligence Committee]. I call him Patsy Roberts, because he’s a patsy for the administration.” She would fare no better in the House Intelligence Committee, chaired by Peter Hoekstra (R-MI). She had no other option, McGovern believes. “I knew Mary pretty well,” he says. “She’s got a lot of integrity. And, you know, you can argue that she has a moral responsibility and a legal responsibility.… [I]f she’s in the chain of command and she sees these kinds of crimes being perpetrated, under Nuremberg and other international law, she is required… to do something.” Kerr’s rejoinder: the nation is locked in “a different kind of war than we’ve been in before. We are going to take actions and be proactive in a way we’ve never done before. One of the real questions is: Do we operate within the values, the traditional values of the American culture, or do we stretch those and become very proactive? I don’t think it’s at all certain that we can operate the way we have in the past.”
Going through Channels and/or Resigning - Kerr disagrees with McGovern’s characterization of the situation and of Helgerson, saying, “[I]t may not be as easy to do that today as it was in the past, but I never found a time in 32 years where I couldn’t march up the organization and talk to people about concerns I had.” Kerr believes McCarthy should have resigned and then “argued against the policy” without revealing classified information. McGovern agrees, but continues to argue that the secret CIA prisons violate the War Crimes Act and therefore, “[t]his is not American. This is not the country that we serve. And when we see this happening, somebody has to speak out.” Resigning would not have made any difference, McGovern says, because McCarthy would still be bound by her secrecy agreement and therefore could not have spoken out in any meaningful sense. Kerr’s “is a specious argument,” McGovern says.
Making an Example - McGovern says McCarthy was fired for one simple reason: to make an example of her to deter other potential CIA leakers. “It’s sort of a deterrent sort of intimidation technique,” he says. “They’re running polygraph exams for everyone now. In our day, we got one every five years. Now they’re polygraphing everyone, so it’s part of this intimidation technique. But she took that risk. And I admire her for that.” Kerr says that while he sympathizes with McCarthy’s position, the agency must maintain internal discipline above all other concerns: “And one way to do that is to begin working leaks.” [PBS, 4/24/2006]

Entity Tags: Peter Hoekstra, Jim Lehrer, Central Intelligence Agency, Bush administration (43), John Helgerson, Pat Roberts, Ray McGovern, Richard Kerr, Porter J. Goss, Mary McCarthy

Timeline Tags: Civil Liberties

The Justice Department announces that it is invoking the “state secrets” clause to prevent a lawsuit by the Electronic Frontier Foundation (EFF) against AT&T from going forward (see March 9, 1953 and January 31, 2006). The EFF is suing AT&T for compromising its customers’ privacy by colluding with the National Security Agency (NSA) in that agency’s domestic surveillance program. The government alleges that the lawsuit would reveal “state secrets” critical to “national security” if it continues. The Justice Department makes its initial filing in mid-May (see May 13, 2006). [US District Court, Northern District of California, 4/28/2006 pdf file; Klein, 2009, pp. 71]

Entity Tags: Electronic Frontier Foundation, AT&T, National Security Agency, US Department of Justice

Timeline Tags: Civil Liberties

A simulation of waterboarding arranged by ABC News.A simulation of waterboarding arranged by ABC News. [Source: ABC News]According to an ABC News report in September 2007, CIA Director Michael Hayden bans the use of waterboarding some time in 2006, with the approval of the White House. It is not known when exactly the technique is banned that year, but presumably it takes place after Hayden becomes CIA director (see May 5, 2006) and in response to the Supreme Court decision mandating that terror suspects must be given treatment consistent with the Geneva Conventions (see July 12, 2006). Waterboarding is a harsh interrogation technique that simulates drowning and is usually referred to as torture. Allegedly, the CIA last used waterboarding in 2003 on Khalid Shaikh Mohammed and “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects” (see May 2002-2003). John Sifton of Human Rights Watch later says the ban “a good thing, but the fact remains that the entire [CIA interrogation] program is illegal.” [ABC News, 9/14/2007] Over a year before Hayden’s decision, Justice Department official Daniel Levin had himself subjected to simulated waterboarding to help him determine if waterboarding was indeed torture (see Late 2004-Early 2005). Levin intended to issue a memo condemning the practice as beyond the bounds of the law, but was forced out of the Justice Department before he could make that ruling.

Entity Tags: Daniel Levin, US Supreme Court, US Department of Justice, White House, Central Intelligence Agency, John Sifton, Khalid Shaikh Mohammed, Michael Hayden, Geneva Conventions

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

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” [Washington Post, 5/12/2006] As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui

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

CIA Director Porter Goss abruptly resigns “amid allegations that he and a top aide may have attended Watergate poker parties where bribes and prostitutes were provided to a corrupt congressman.” A senior law enforcement official says, “It’s all about the Duke Cunningham scandal.” Congressman Randall “Duke” Cunningham (R-CA) was sentenced to eight years in prison after pleading guilty in late 2005 to taking millions of dollars in bribes. Goss is replaced by General Michael Hayden, the former director of the NSA. [New York Daily News, 5/6/2006] The Bush administration gives no explanation for the resignation and even Goss publicly describes his own resignation as “just one of those mysteries.” [CNN, 5/6/2006] It is later learned that Goss’s resignation is spurred in part because of the controversy surrounding his chosen CIA Executive Director, Kyle “Dusty” Foggo. Foggo is being investigated for his connections to Cunningham. Both Foggo and Cunningham are being investigated by the office of US Attorney Carol Lam (see November 8, 2002). [Talking Points Memo, 2011] In 2007, former senior CIA analyst Valerie Plame Wilson will write: “Once John Negroponte became the de facto intelligence czar as director of national intelligence (DNI—see February 17, 2005)… Goss’s effectiveness, prestige, and daily access to the president had been considerably diminished. This, in turn, further degraded and undermined the organization he led. During a time of driving massive change, which Goss and other senior intelligence managers were attempting to do at the agency, effective and clear communication with all levels of the organization is critical. Goss failed completely at this task and the cost was high.… [H]e had been a poor fit from the beginning. In an underperforming bureaucracy such as the CIA, a strong leader, respected by the rank and file, is essential to managing needed change and modernization. On a personal note, I was not sorry to see him go.” [Wilson, 2007, pp. 247-248]

Entity Tags: Randall (“Duke”) Cunningham, Porter J. Goss, Valerie Plame Wilson, Michael Hayden, John Negroponte, Bush administration (43), Kyle Dustin “Dusty” Foggo, Carol C. Lam

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

USA Today headline.USA Today headline. [Source: CBS News]USA Today reports that “[t]he National Security Agency (NSA) has been secretly collecting the phone call records of tens of millions of Americans, using data provided by the nation’s three biggest telecommunications providers, AT&T, Verizon, and BellSouth,” according to “people with direct knowledge of the arrangement.” None of the sources would allow USA Today to identify them by name, job, or affiliation. The USA Today story claims that the NSA program “does not involve the NSA listening to or recording conversations,” but does use “the data to analyze calling patterns in an effort to detect terrorist activity,” according to their sources. One source says that the NSA program is compiling “the largest database ever assembled in the world,” with the goal of creating “a database of every call ever made” within US borders. President Bush has said that the NSA program is focused exclusively on international calls, and for the calls to be recorded, “one end of the communication must be outside the United States.” However, this is now shown not to be the case (see January 16, 2004). A US intelligence official says that the NSA program is not recording the actual phone calls themselves, but is collecting what he calls “external” data about the communications to allow the agency to emply “social network analysis” for insight into how terrorist networks are connected with one another. Another large telecommunications company, Qwest, has refused to help the NSA eavesdrop on customer calls (see February 2001, February 2001 and Beyond, and February 27, 2001). USA Today’s sources say that the NSA eavesdropping program began after the 9/11 attacks, a claim that is not bolstered by the facts (see 1997, February 27, 2000, February 27, 2000, December 2000, February 2001, February 2001, February 2001 and Beyond, February 2001, Spring 2001, April 2001, April 4, 2001, July 2001, Before September 11, 2001, and Early 2002). The sources say that the three companies agreed to provide “call-detail records,” lists of their customers’ calling histories, and updates, which would allow the agency to track citizens’ calling habits. In return, the sources say, the NSA offered to pay the firms for their cooperation. After the three firms agreed to help the agency, USA Today writes, “the NSA’s domestic program began in earnest” (see After September 11, 2001, After September 11, 2001, October 2001, September 2002, and Spring 2004). NSA spokesman Don Weber says the agency is operating strictly “within the law,” but otherwise refuses to comment. Former US prosecutor Paul Butler says that the Foreign Intelligence Surveillance Act (FISA), which governs surveillance operations by US intelligence agencies, “does not prohibit the government from doing data mining” (see 1978). White House press spokesman Dana Perino says, “There is no domestic surveillance without court approval,” and all surveillance activities undertaken by government agencies “are lawful, necessary, and required for the pursuit of al-Qaeda and affiliated terrorists.” All government-sponsored intelligence activities “are carefully reviewed and monitored,” she adds, and says that “all appropriate members of Congress have been briefed on the intelligence efforts of the United States” (see October 11, 2001 and October 25, 2001 and November 14, 2001). Don Weber, a senior spokesman for the NSA, refuses to discuss the agency’s operations, saying: “Given the nature of the work we do, it would be irresponsible to comment on actual or alleged operational issues; therefore, we have no information to provide. However, it is important to note that NSA takes its legal responsibilities seriously and operates within the law.” All three firms released similar comments saying that they would not discuss “matters of national security,” but were complying with the law in their alleged cooperation with the NSA. The Electronic Frontier Foundation (EFF) is suing AT&T for what it calls its complicity in the NSA’s “illegal” domestic surveillance program (see January 31, 2006). [USA Today, 5/11/2006]

Entity Tags: Verizon Communications, USA Today, Qwest, Paul Butler, Foreign Intelligence Surveillance Act, Jane Harman, AT&T, BellSouth, National Security Agency, Dana Perino, Don Weber

Timeline Tags: Civil Liberties

The lawsuit brought forth by Khalid el-Masri and the ACLU (see December 6, 2005) is dismissed by US District Judge T.S. Ellis III in Alexandria, who rules that the state secrets privilege (see March 9, 1953) was properly invoked by the US Justice Department. The judge argues that Masri’s “private interests must give way to the national interest in preserving state secrets.” [Washington Post, 5/19/2006]

Entity Tags: American Civil Liberties Union, Central Intelligence Agency, T.S. Ellis III, Khalid el-Masri

Timeline Tags: Torture of US Captives, Civil Liberties

A new 5-minute audiotape is released by a person said to be Osama bin Laden. The voice on the tape says that Zacarias Moussaoui and the vast majority of prisoners held in Guantanamo Bay had nothing to do with 9/11. The speaker says that Moussaoui “has no connection whatsoever with the events of September 11th” and “his confession that he was assigned to participate in those raids is a false confession which no intelligent person doubts is a result of the pressure put upon him for the past four and a half years.” The voice also says that, as Moussaoui has not named a support team, he cannot have been slated to pilot a hijacked airliner, and that, as he was learning to fly, he cannot have been intended to be the 20th hijacker. Further, if Moussaoui had known the 9/11 group, he would have called lead hijacker Mohamed Atta and told him to flee the country (note: jail house calls can be recorded, so this may not have been wise (see August 17, 2001)). There are various theories about Moussaoui’s closeness to the 9/11 plot, but he was supported by some of the people who supported the hijackers (see January 30, 2003). The speaker also says that the detainees in Guantanamo Bay “have no connection whatsoever to the events of September 11th, and even stranger is that many of them have no connection with al-Qaeda in the first place, and even more amazing is that some of them oppose al-Qaeda’s methodology of calling for war with America.” The apparent reason so many detainees are being held: ”(I)t is necessary to create justifications for the massive spending of hundreds of billions on the Defense Department and other agencies in their war against the Mujaheddin.” [MSNBC, 5/23/2006] One Guantanamo detainee, Mohamed al-Khatani, was allegedly supposed to meet lead hijacker Mohamed Atta in the US, but was refused entry to the country, indicating that he was scheduled to be involved in 9/11 (see August 4, 2001 and July 2002).

Entity Tags: Osama bin Laden, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Bush administration submits a legal brief arguing that the Electronic Frontier Foundation’s lawsuit against AT&T, alleging that firm cooperated with the NSA’s domestic surveillance program (see January 31, 2006), should be thrown out of court because of the government’s “state secrets” privilege (see March 9, 1953). Justice Department lawyers want Judge Vaughn Walker to examine classified documents that they say will convince him to dismiss the lawsuit. However, the government does not want the defense lawyers to see that material. “No aspect of this case can be litigated without disclosing state secrets,” the government argues. “The United States has not lightly invoked the state secrets privilege, and the weighty reasons for asserting the privilege are apparent from the classified material submitted in support of its assertion.” [CNET News, 5/26/2006]

Entity Tags: US Department of Justice, Electronic Frontier Foundation, AT&T, Vaughn Walker, Bush administration (43)

Timeline Tags: Civil Liberties

Almost two years after resigning from the CIA (see Early November, 2004), Stephen Kappes agrees to return as deputy director for the new agency head, General Michael Hayden. Kappes is leaving his position as the chief operating officer for ArmorGroup International, a British security firm, to take the position. He is a former Marine with 25 years of service in the CIA. He is fluent in Russian and Farsi, and took part in agency operations against Iran while serving in the Frankfurt, Germany, station. After the 1991 Gulf War, Kappes reopened the CIA’s Kuwait station. He also was a key participant in the agency’s attempts to find information on nuclear black marketeer A. Q. Khan. He was deputy director for operations under former CIA chief George Tenet before coming into conflict with Tenet’s replacement, Porter Goss (see September 24, 2004). Kappes was one of the first of many CIA officials to leave the agency under Goss’s tenure, either by resignation or by firing as Goss attempted to purge the agency of all but Bush administration loyalists (see November-December 2004). [New York Times, 5/30/2006; Time, 6/1/2006] In May, CNN reported that Kappes was being offered the job in part to assuage concerns among members of the Senate Intelligence Committee, who doubt Hayden’s ability to lead the agency and question whether he will run it in a nonpartisan fashion. Many observers see Kappes’s return both as a repudiation of Goss, who abruptly resigned over allegations of involvement with prostitutes and bribery schemes (see May 5, 2006), and as a potential brake on any possible instances of Hayden putting his loyalty to the Bush administration over his loyalties to the CIA and the nation. John Negroponte, the director of national intelligence, said when Kappes’s nomination for the position was announced: “I believe that Mike’s appointment, and I think together if the appointment of Steve Kappes goes through, I think that’s going to be a boost for the morale out there. And I think they’re going to welcome this new leadership.” Hayden himself has said that Kappes’s return is a signal that “amateur hour” is over. Former clandestine CIA agent Milt Bearden says, “The simple fact is that he is a very solid choice to come to the agency at a time when it is extremely wobbly.” And a former top CIA official says: “The really good people are happy he’s coming back. The ones who are scared of him should be scared of him.” [CNN, 5/9/2006; New York Times, 5/30/2006]

Entity Tags: Michael Hayden, ArmorGroup International, John Negroponte, Stephen Kappes, Central Intelligence Agency, Senate Intelligence Committee, Milt Bearden

Timeline Tags: Civil Liberties

The dead Abu Musab al-Zarqawi.The dead Abu Musab al-Zarqawi. [Source: US army]Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, is apparently killed in a US airstrike north of Baghdad. There are contradictory details of what exactly happened in the airstrike, and three days later the Washington Post will report that “circumstances surrounding the killing [remain] cloudy.” [Washington Post, 6/10/2006] His killing is hailed by US and Iraqi officials as the most significant public triumph for US-allied forces since the 2003 capture of Saddam Hussein. For instance, Defense Secretary Rumsfeld calls him “the leading terrorist in Iraq and one of three senior al-Qaeda leaders worldwide.” The Washington Post calls al-Zarqawi the “mastermind behind hundreds of bombings, kidnappings and beheadings in Iraq.” [Washington Post, 6/8/2006; Washington Post, 6/10/2006] These pronouncements and media reports ignore a revelation made two months earlier by the Washington Post that the US military has been engaged in a propaganda campaign to exaggerate al-Zarqawi’s importance. The newspaper had reported that Zarqawi wasn’t behind nearly as many attacks as commonly reported (see October 4, 2004 and April 10, 2006). Even a Washington Post article about the propaganda surrounding al-Zarqawi published two days after his death will fail to mention any of the details provided in the Post’s original reporting on the campaign. [Washington Post, 6/10/2006] Later in the month, an audiotape surfaces in which bin Laden supposedly praises al-Zarqawi as a martyr (see June 30, 2006), calling him a “brave knight” and a “lion of jihad.” US officials say the tape is genuine, however it should be noted that a letter from 2004 said to tie al-Zarqawi to al-Qaeda leadership is believed by many experts to be a US-government promoted hoax (see April 10, 2006). [Washington Post, 6/30/2006] Al-Zarqawi did pledge loyalty to bin Laden in 2004, but they don’t appear to have been closely linked before then and there even are doubts about how close their relationship was after that time (see October 17, 2004).

Entity Tags: Al-Qaeda, Abu Musab al-Zarqawi, Donald Rumsfeld, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

Joseph Wilson poses with Yearly Kos participant Natasha Chart.Joseph Wilson poses with Yearly Kos participant Natasha Chart. [Source: Pacific Views (.org)]Former ambassador Joseph Wilson, who became the target of a White House smear campaign after he publicly criticized the government’s push for war with Iraq (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), receives a standing ovation from the audience at his appearance at the Yearly Kos convention in Las Vegas. The convention is a group of bloggers and citizen journalists, mostly liberals and progressives, organized by the Daily Kos Web site. About a thousand convention goers gather to hear Wilson speak during one of the day’s panel discussions. Wilson says he will not be intimidated by what he calls a White House campaign to obscure lies told during the run-up to the war in Iraq. “We must and we can stand up to the schoolyard bullies and insure that these decisions on war and peace and other major issues are undertaken with the consent of the governed,” he says. Wilson goes on to say that the indictment of former White House official Lewis Libby (see October 28, 2005) and the disclosures about the case that have come in subsequent court filings have vindicated him against critics who claim he lied or misrepresented the facts surrounding his 2002 mission to Africa (see February 21, 2002-March 4, 2002 and July 6, 2003). “As facts emerge, of course, the dwindling number of those who still believe the thesis of ‘Wilson is a liar, or has been discredited,’ are either victims of the ongoing disinformation campaign or the willful perpetrators of it,” he says. Wilson affirms that neither he nor his wife, exposed CIA official Valerie Plame Wilson, intend to run for elective office. “I can assure you that neither she [nor] I intend to do anything other than return to our private lives,” he says.
Former CIA Agent Reaffirms Damage Done by Plame Wilson's Exposure - One of Wilson’s panel colleagues, former CIA agent and State Department official Larry Johnson (see September 30, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, and October 23-24, 2003), says partisan Republicans have lost sight of the gravity of what he believes was a deliberate campaign to expose Plame Wilson’s status for political reasons. “How it is that conservative Republicans can excuse what is nothing short of treason is beyond me,” he says. Johnson describes himself as “a lifelong conservative.” He reiterates his earlier statements that Plame Wilson was not publicly known as a CIA official before being “outed” by columnist Robert Novak (see July 14, 2003). “Valerie Plame, Valerie Wilson was an undercover CIA officer until the day her name appeared in Robert Novak’s column,” Johnson says. Libby’s lawyers have said they have witnesses who will testify that Plame Wilson’s CIA affiliation was known outside the government, but they have not identified those witnesses. Plame Wilson’s exposure did “damage… to the intelligence operations of the Central Intelligence Agency and ultimately to the security of this nation,” Johnson tells the audience. White House political strategist Karl Rove, whom Wilson once said should be “frog marched” out of the White House in handcuffs (see August 21, 2003), should have his security clearance revoked and be fired, Johnson says, regardless of whether he is indicted.
Journalists: Media Did Not Do Its Job in Covering Story - Another panel member, the Washington Post’s Dan Froomkin, says journalists have become so preoccupied by the jailing of fellow reporter Judith Miller (see October 7, 2004) that they have lost sight of the broader story. “The really sad moment for journalism here is, faced with this incredibly important story, reporters didn’t go out and develop sources for this story,” he says. “This is a hell of a story.” Froomkin calls Miller “a humiliated and discredited shill,” presumably for the Bush administration. Fellow panel member Murray Waas of the National Journal says most major news outlets have not adequately covered the story. “There’s no reporter for any major news organization covering it even one or two days a week,” he says. “I don’t know why.” Waas says that perhaps some editors have ignored the story because it involves leaks to reporters at those same news outlets. “Their own role is so comprised that they hope it just goes away,” he says. [New York Sun, 6/10/2006]

Entity Tags: Karl C. Rove, Daily Kos, Central Intelligence Agency, Bush administration (43), Dan Froomkin, Judith Miller, Larry C. Johnson, Robert Novak, Joseph C. Wilson, Valerie Plame Wilson, Murray Waas

Timeline Tags: Niger Uranium and Plame Outing

In an interview, Larry Wilkerson, the former chief of staff to ex-Secretary of State Colin Powell, recalls learning that for all intents and purposes, Vice President Cheney and his staff, and not President Bush and his staff, runs the US government’s foreign policy (see September 2000, Late December 2000 and Early January 2001, and Mid-September, 2001). Wilkerson, a veteran politician with a strong understanding of bureaucracy, came to this understanding over the course of his four years in the State Department. Many procedures seemed peculiar to him, particularly the practice of Cheney’s national security staffers—part of Cheney’s shadow National Security Council, an unprecedented event in and of itself—reading all of the e-mail traffic between the White House and outside agencies and people. The reverse is not true; Cheney’s staff jealously guards its privacy, even from presidential aides. “Members of the president’s staff sometimes walk from office to office to avoid Cheney’s people monitoring their discussions,” Wilkerson recalls. “Or they use the phone.” A former White House staffer confirms Wilkerson’s perceptions. “Bush’s staff is terrified of Cheney’s people,” the former staffer says. Further, Cheney has liberally salted Bush’s staff with his own loyalists who report back to him about everything Bush’s staff does. Again, the reverse is not true; Cheney’s staff is small, tight, and intensely loyal to their boss. Two of Cheney’s “eyes and ears” in the White House are, or were, Stephen Hadley, formerly the deputy national security adviser before assuming the position himself; and Zalmay Khalilzad, formerly on the National Security Council before becoming the US ambassador to Baghdad. Other members of Cheney’s staff have undue influence over other agencies. One example is Attorney General Alberto Gonzales, who, despite being the nation’s top law enforcement officer, always defers to the legal judgment of Cheney’s former top legal counsel and current chief of staff David Addington. “Al Gonzales is not going to stand up to [Addington],” a former military officer who worked with both Gonzales and Addington says. [Dubose and Bernstein, 2006, pp. 176-177]

Entity Tags: Richard (“Dick”) Cheney, Alberto R. Gonzales, Bush administration (43), David S. Addington, Lawrence Wilkerson, Office of the Vice President, Zalmay M. Khalilzad, US Department of State, Stephen J. Hadley

Timeline Tags: US International Relations

Lawyers file court documents alleging that the National Security Agency (NSA) worked with AT&T to set up a domestic wiretapping site seven months before the 9/11 attacks. The papers are filed as part of a lawsuit, McMurray v. Verizon Communications, which cites as plaintiffs AT&T, Verizon, and BellSouth customers whose privacy was allegedly violated by the NSA warrantless wiretapping program (see May 12, 2006); it also alleges that the firms, along with the NSA and President Bush, violated the Telecommunications Act of 1934 and the US Constitution. AT&T, Verizon, and BellSouth have been accused of working with the NSA to set up domestic call monitoring sites (see October 2001). Evidence that the NSA set up domestic surveillance operations at least seven months before the 9/11 attacks is at the core of the lawsuit (see Spring 2001). The suit is similar to one filed against AT&T by the Electronic Frontier Foundation (EFF—see January 31, 2006) and other such lawsuits. A lawyer for the plaintiffs in McMurray, Carl Mayer, says: “The Bush administration asserted this [the warrantless wiretapping program] became necessary after 9/11. This undermines that assertion.” AT&T spokesman Dave Pacholczyk responds, “The US Department of Justice has stated that AT&T may neither confirm nor deny AT&T’s participation in the alleged NSA program because doing so would cause ‘exceptionally grave harm to national security’ and would violate both civil and criminal statutes.” Verizon has denied being asked by the NSA for its customer phone records, and has refused to confirm or deny “whether it has any relationship to the classified NSA program.” BellSouth spokesman Jeff Battcher says: “We never turned over any records to the NSA. We’ve been clear all along that they’ve never contacted us. Nobody in our company has ever had any contact with the NSA.” The NSA domestic wiretapping program is known as “Pioneer Groundbreaker,” a part of the larger “Project Groundbreaker” (see February 2001). According to Mayer and his fellow lawyer Bruce Afran, an unnamed former employee of AT&T provided them with information about NSA’s approach to AT&T. (That former employee will later be revealed as retired technician Mark Klein—see Late 2002, July 7, 2009, December 15-31, 2005, and April 6, 2006). The lawsuit is on a temporary hiatus while a judicial panel rules on a government request to assign all of the telecommunications lawsuits to a single judge. [Bloomberg, 6/30/2006]

Entity Tags: Verizon Wireless, US Department of Justice, National Security Agency, George W. Bush, Jeff Battcher, Bruce Afran, BellSouth, AT&T, Mark Klein, Carl Mayer, Electronic Frontier Foundation, Dave Pacholczyk

Timeline Tags: Civil Liberties

Salim Ahmed Hamdan in 1999.Salim Ahmed Hamdan in 1999. [Source: Pubic domain via the New York Times]In the Hamdan v. Rumsfeld case, the Supreme Court rules 5-3 to strike down the Bush administration’s plans to try Guantanamo detainees before military commissions. Ruling in favor of detainee Salim Ahmed Hamdan (see November 8, 2004), the Court rules that the commissions are unauthorized by federal statutes and violate international law. Writing for the majority, Justice John Paul Stevens says, “The executive is bound to comply with the rule of law that prevails in this jurisdiction.” The opinion throws out each of the administration’s arguments in favor of the commissions, including its assertion that Congress had stripped the Supreme Court of the jurisdiction to decide the case. One of the major flaws in the commissions, the Court rules, is that President Bush unilaterally established them without the authorization of Congress. [New York Times, 6/30/2006] During the oral arguments three months before, Hamdan’s lawyer, Neal Katyal, told the Court: “The whole point of this [proceeding] is to say we’re challenging the lawfulness of the tribunal [the military commissions] itself. This isn’t a challenge to some decision that a court makes. This is a challenge to the court itself, and that’s why it’s different than the ordinary criminal context that you’re positing.” [Savage, 2007, pp. 274-275]
Major Defeat for Bush Administration - Civil libertarian and human rights organizations consider the ruling a shattering defeat for the administration, particularly in its assertions of expansive, unfettered presidential authority. Bush says in light of the decision, he will work with Congress to “find a way forward” to implement the commissions. “The ruling destroys one of the key pillars of the Guantanamo system,” says Gerald Staberock, a director of the International Commission of Jurists. “Guantanamo was built on the idea that prisoners there have limited rights. There is no longer that legal black hole.” The ruling also says that prisoners held as “enemy combatants” must be afforded rights under the Geneva Conventions, specifically those requiring humane treatment for detainees and the right to free and open trials in the US legal system. While some form of military trials may be permissible, the ruling states that defendants must be given basic rights such as the ability to attend the trial and the right to see and challenge evidence submitted by the prosecution. Stevens writes that the historical origin of military commissions was in their use as a “tribunal of necessity” under wartime conditions. “Exigency lent the commission its legitimacy, but did not further justify the wholesale jettisoning of procedural protections.” [New York Times, 6/30/2006] In 2007, author and reporter Charlie Savage will write, “Five justices on the Supreme Court said Bush had broken the law.” [Savage, 2007, pp. 275]
Hardline Conservative Justices Dissent - Stevens is joined by Justices David Souter, Stephen Breyer, and Ruth Bader Ginsburg. Justice Anthony Kennedy issues a concurring opinion. Dissenting are Justices Samuel Alito, Antonin Scalia, and Clarence Thomas. Thomas, in a dissent signed by Scalia and Alito, calls the decision “untenable” and “dangerous.” Chief Justice John Roberts recused himself from the case because of his participation in a federal appeals court that ruled in favor of the administration (see November 8, 2004).
Not Charged for Three Years - Hamdan is a Guantanamo detainee from Yemen, captured in Afghanistan in November 2001 and taken to Guantanamo in June 2002. He is accused of being a member of al-Qaeda, in his function as driver and bodyguard for Osama bin Laden. He was not charged with a crime—conspiracy—until mid-2004. [New York Times, 6/30/2006]

Entity Tags: Samuel Alito, US Supreme Court, Salim Ahmed Hamdan, Stephen Breyer, Ruth Bader Ginsburg, John G. Roberts, Jr, Al-Qaeda, Antonin Scalia, Bush administration (43), Center for Constitutional Rights, Anthony Kennedy, John Paul Stevens, David Souter, International Commission of Jurists, Gerald Staberock, Geneva Conventions, Clarence Thomas

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

Former Justice Department official Marty Lederman, now a Georgetown law professor, writes of the Hamdan v. Rumsfeld case (see June 30, 2006): “Focusing just on the [military] commissions aspect of this misses the forest for the trees. This ruling means that what the CIA and the Pentagon have been doing [detaining prisoners without due process] is, as of now, a war crime, which means that it should stop immediately.” [Savage, 2007, pp. 276]

Entity Tags: US Department of Defense, Bush administration (43), Martin (“Marty”) Lederman, Central Intelligence Agency

Timeline Tags: Civil Liberties

Al-Qaeda leader Hassan Ghul is secretly transferred from US custody to Pakistani custody. The Pakistani government will later release him and he will apparently rejoin al-Qaeda. In early 2004, Ghul was captured in Iraq and put in the CIA’s secret prison system (see January 23, 2004). He became a “ghost detainee” because the US refused to admit they even held him. In 2006, the Bush administration decides to close most of the CIA’s secret prisons and transfer most of the important al-Qaeda prisoners to the Guantanamo prison. But Ghul is given to the Pakistani government instead, apparently as a goodwill gesture. According to a 2011 article by the Associated Press, “[T]he move frustrated and angered former CIA officers, who at the time believed Ghul should have been moved to Guantanamo along with 14 other high-value detainees” (See September 2-3, 2006). The ISI, Pakistan’s intelligence agency, promises that it will make sure Ghul is never released. But after only about a year, Pakistan will secretly let Ghul go and he apparently will return to working with al-Qaeda (see (Mid-2007)). [Associated Press, 6/15/2011] Ghul is given to Pakistan even though he is linked to a Pakistani militant group supported by the ISI, Pakistan’s intelligence agency, and the ISI had a history of protecting him from arrest (see (2002-January 23, 2004)). Also, Ghul is released even though he told US interrogators key information about Osama bin Laden’s courier that will eventually prove key to the discovery of bin Laden’s location (see Shortly After January 23, 2004 and Late 2005).

Entity Tags: Hassan Ghul, Central Intelligence Agency, Pakistan Directorate for Inter-Services Intelligence, Pakistan

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

Nafeez Mosaddeq Ahmed.Nafeez Mosaddeq Ahmed. [Source: Publicity photo]The Independent publishes an article questioning some aspects of the official account of the 7/7 London bombings (see July 7, 2005). The article notes that “There are some bewildering gaps in the [government’s] account of 7/7…” It quotes counterterrorism expert Nafeez Mosaddeq Ahmed, who has recently published a book questioning the government account of the bombings. Ahmed concludes that the government has deliberately downplayed the sophistication of the operation, the size of its support network, and evidence of al-Qaeda involvement, in order to deflect questions about how a large network was able to operate in Britain for many years. The Independent notes that “even the nature of the explosives used in the bombing is unclear.” The Intelligence and Security Committee (ISC), a group of MPs chosen by the prime minister, published a report on the 7/7 bombings in May 2006 (see May 11, 2006), but was vague about the explosives used. The Independent comments, “The report says only that ‘it appears’ they were home-made, although there is plenty of evidence that the bombs were powered by at least some commercial or military explosive.” Ahmed says: “Forensic science… tends to produce unambiguous answers within a matter of hours and days. The idea that continuous examination over many months has failed to finish the job beggars belief.” Ahmed also notes that the links between the 7/7 bombers such as Mohammad Sidique Khan and known al-Qaeda figures have been underplayed. For instance, the ISC report fails to mention Haroon Rashid Aswat at all, despite many articles suggesting that he may have been the mastermind of the bombings and may even have had a relationship with British intelligence (see Late June-July 7, 2005 and July 29, 2005). Ahmed says, “In systematically downplaying the undeniable role of al-Qaeda in the London bombings, the official account is attempting to draw public attention from the fact British authorities have tolerated the activities of an entrenched and burgeoning network of radical Islamists with terrorist connections for more than a decade.” [Independent, 7/2/2006]

Entity Tags: Intelligence and Security Committee, Mohammad Sidique Khan, Al-Qaeda, Nafeez Mosaddeq Ahmed, Haroon Rashid Aswat

Timeline Tags: Complete 911 Timeline

The American Civil Liberties Union (ACLU) accuses the Defense Department of releasing a “whitewash” report on prisoner abuse in Iraq, Afghanistan, and Guantanamo Bay. The “Church report,” compiled in 2004 (see May 11, 2004), has just been released to the public in response to a Freedom of Information Act request from the ACLU. The report’s executive summary was released in 2005, but the entirety of the report has now been made available. “Despite its best efforts to absolve high-ranking officials of any blame, the Church report cannot hide the fact that abusive and unlawful interrogation techniques authorized by Secretary [of Defense Donald] Rumsfeld were used in Guantanamo Bay, Iraq, and Afghanistan,” says ACLU lawyer Amrit Singh. “The facts speak for themselves, and only underscore the need for an independent investigation into command responsibility for the widespread and systemic abuse of detainees held in US custody abroad.” The report only focused on cases closed before September 30, 2004, did not attempt to determine the culpability of senior officials, and used abuse statistics that the Church investigation itself admitted were incomplete and out of date. The ACLU writes that the Church report “skirts the question of command responsibility for detainee abuse, euphemistically labeling official failure to issue interrogation guidelines for Iraq and Afghanistan as a ‘missed opportunity.’ In addition, it references a ‘failure to react to early warning signs of abuse… that should have prompted… commanders to put in place more specific procedures and direct guidance to prevent further abuse.’ The report provides details of how techniques such as ‘stress positions’—authorized by Secretary Rumsfeld for Guantanamo Bay in December 2002—came to be used in Afghanistan and Iraq. It specifically notes, moreover, that the ‘migration’ of interrogation techniques intended for Guantanamo Bay to Iraq was ‘neither accidental nor uncontrolled.’ Yet, the report concludes that there is ‘no link between approved interrogation techniques and detainee abuse.’” [American Civil Liberties Union, 7/3/2006]

Entity Tags: US Department of Defense, American Civil Liberties Union, Donald Rumsfeld, Amrit Singh

Timeline Tags: Torture of US Captives

Civil liberties lawyer and columnist Glenn Greenwald states that the recent Supreme Court ruling in Hamdan v. Rumsfeld (see June 30, 2006), finding that the Bush administration’s Guantanamo Bay military commissions violate both federal law and the Geneva Conventions, also proves that the NSA’s warrantless wiretapping program is illegal (see December 15, 2005). “To arrive at its decision,” Greenwald writes, “the Court emphatically rejected the administration’s radical theories of executive power, and in doing so, rendered entirely discredited the administration’s only defenses for eavesdropping on Americans without the warrants required by law. Actual compliance with the Court’s ruling, then, compels the administration to immediately cease eavesdropping on Americans in violation of FISA,” the Foreign Intelligence Surveillance Act (see 1978). “If the administration continues these programs now, then they are openly defying the Court and the law with a brazeness and contempt for the rule of law that would be unprecedented even for them.” Greenwald notes that FISA prohibits any surveillance of American citizens without judicial approval and oversight. The Bush administration has already admitted to conducting just such surveillance (see December 17, 2005 and December 21, 2005), and President Bush has even stated his intention to expand the program (see December 19, 2005). The Justice Department and a number of administration officials have attempted to claim the NSA surveillance program is both legal and necessary (see December 19, 2005, December 19, 2005, December 21-22, 2005, and Early 2006); Greenwald writes that the Hamdan decision “decimated” those claims, a conclusion shared by a number of legal experts (see January 9, 2006). Moreover, he writes, there is no remaining excuse for Democratic senators not to endorse Senator Russ Feingold’s resolution to censure Bush for violating FISA (see March 12, 2006 and After). The argument advanced by, among others, Senator Barack Obama (D-IL), that Bush believed he was complying with the law because his lawyers told him he was in compliance, is no longer relevant in light of Hamdan, Greenwald argues. “[T]here is no longer any good faith basis left for violating FISA. Ongoing warrantless eavesdropping can only be ordered by the president with a deliberate intent to break the law. After Hamdan, there are no more excuses left for the president to violate FISA, and there is therefore no more excuse left for Democratic senators to refuse to take a stand with Sen. Feingold against the administration’s lawbreaking.” Bush has two clear choices, Greenwald writes: either to comply with FISA or openly defy the Supreme Court. “If we are a country that continues to operate under the rule of law, compliance with the Supreme Court’s ruling compels the immediate cessation of the president’s warrantless eavesdropping program, as well as what are undoubtedly the other, still-secret programs prohibited by law but which have been justified by these same now-rejected theories of unlimited executive power. Put simply, after Hamdan, there are no more excuses left for the president’s refusal to comply with the law.” [Crooks and Liars, 7/8/2006]

Entity Tags: Geneva Conventions, Barack Obama, Bush administration (43), Foreign Intelligence Surveillance Act, Glenn Greenwald, US Department of Justice, US Supreme Court, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

Progressive media watchdog organization Media Matters writes that Robert Novak, the conservative columnist who outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), has, in writing about his interactions with the federal agents investigating the leak (see July 12, 2006), “repeated a number of false and contradictory statements regarding the investigation and the manner in which he learned of Plame [Wilson]‘s identity.” Novak did reveal White House political strategist Karl Rove as one of his sources, but did not reveal his “primary source,” then-Deputy Secretary of State Richard Armitage (see July 8, 2003). [Media Matters, 7/12/2006] Author Marcy Wheeler, who blogs at The Next Hurrah under the moniker “Emptywheel,” concurs, and cites similar instances of Novak’s contradictory statements. [Marcy Wheeler, 7/13/2006]
Contradicts Earlier Statements - Novak does not reveal Armitage’s name, but he does discuss something of the Armitage disclosure, saying that Armitage’s revelation was “inadvertent.” Though this coincides with other Novak discussions, where he has called Armitage’s discussion of Plame Wilson “offhand” (see September 29, 2003 and October 1, 2003), it contradicts information he gave to two Newsday reporters in the days following his column’s publication: at that time, he told the reporters that he “was given” the Plame Wilson information and his sources—Rove and Armitage—considered the information “significant” (see July 21, 2003).
Misrepresents Plame Wilson's Involvement in Husband's Mission - Novak also repeats the falsehood that Plame Wilson “helped initiate” her husband, Joseph Wilson’s, 2002 trip to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003), a falsehood he claims has been “confirmed” by a 2004 Senate Intelligence Committee report (see July 9, 2004). And two years previously, Novak admitted that the committee failed to reach a conclusion on Plame Wilson’s involvement in the Niger mission (see July 15, 2004). [Media Matters, 7/12/2006]
Story Substantially Different from Rove's - Wheeler points out that Novak’s version of events is substantially different from the events Rove has laid out. According to Novak, Rove already knew Plame Wilson’s name; Rove says he neither knew the name nor divulged it to Novak. Novak says Rove called him, but Rove says Novak placed the call. According to Rove, when Novak asked about Joseph Wilson’s wife being a CIA official, he replied, “Oh, you’ve heard that too,” but Novak suggests Rove said something more. Novak also contradicts his earlier reporting, where he implied he confirmed (not learned) Plame Wilson’s identity from Who’s Who in America (see October 1, 2003). Moreover, Novak told reporters in 2003 that White House officials gave him the information on Plame Wilson, “I didn’t dig it out” (see July 21, 2003), implying that he was called by Rove and perhaps other White House officials as well. In his October 1, 2003 article, he wrote that he called Rove (whom he identified then as “another official”). [Marcy Wheeler, 7/13/2006] On Fox News, Novak says that the original reporting that he “was given” the information on Plame Wilson was “a misstatement.” He goes on: “That was an interview I did on the telephone with Newsday shortly after it appeared. Some of the things that they said that quoted me that are not in quotes are paraphrases, and they’re incorrect, such as the whole idea that they [the White House] planted this story with me. I never told that to the Newsday reporters.” [Christy Hardin Smith, 7/13/2006]
Contradicts CIA Official's Account of Interview - Media Matters also notes that Novak’s account of his discussion of Plame Wilson’s identity with then-CIA spokesman Bill Harlow is substantially different from Harlow’s account (see (July 11, 2003). Harlow has said, both in interviews and in grand jury testimony, that he warned Novak not to divulge Plame Wilson’s name or CIA status in the strongest terms he could without himself divulging classified information. [Media Matters, 7/12/2006]

Entity Tags: Richard Armitage, Karl C. Rove, Bill Harlow, Joseph C. Wilson, Marcy Wheeler, Robert Novak, Media Matters, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Following up on the Supreme Court’s recent Hamdan ruling that the Bush administration’s military commissions trial system is illegal (see June 30, 2006), a dozen members of the Judge Advocate General (JAG) corps meets with a team of White House lawyers. The JAG officers are experts in military law; much of their training centers on how to best conduct their legal proceedings in line with the Geneva Conventions. Most JAG officers had opposed the Bush administration’s decision to ignore Geneva (see June 8, 2004) in its treatment of detainees; in return, the White House’s civilian lawyers had dismissed the JAG officers as, in author and reporter Charlie Savage’s words, “closed minded, parochial, and simplistic.” The JAGs view the Hamdan ruling as vindication of their objections; for its part, the Justice Department is eager to be able to say that it incorporated the JAGs’ views in its proposed legislation for a new system of detainee trials. The JAGs’ overriding concern is to ensure that no secret evidence can be used against detainees in future trials. Defendants must be able to see and respond to all evidence used against them, the JAGs believe, otherwise the trials are not in compliance with Geneva. The original military commissions required that defendants and their lawyers be removed from the courtroom when classified evidence was introduced, a practice that the military lawyers believe was a basic violation of defendant rights. Unfortunately for the JAGs, they quickly learn that the White House lawyers are uninterested in their views. When they take their seats in a Justice Department conference room, the White House lawyers inform them that there is no reason to discuss the secret evidence question, because more senior officials will ultimately make that decision. Instead, the JAGs are limited to discussing minor technical issues and typographical changes. The meeting does allow Attorney General Alberto Gonzales to testify to Congress in early August that “our deliberations have included detailed discussions with members of the JAG corps,” whose “multiple rounds of comments… will be reflected in the legislative package.” Unlike the White House lawyers, Congress will listen to the JAG officers, and will outlaw the use of secret evidence in detainee trials. [Savage, 2007, pp. 279-281]

Entity Tags: Bush administration (43), Alberto R. Gonzales, US Department of Justice, Geneva Conventions, Judge Advocate General Corps

Timeline Tags: Civil Liberties

After prosecutors in Milan, Italy, charge a group of US officials with involvement in the kidnap of Islamist extremist Hassan Mustafa Osama Nasr (a.k.a. Abu Omar—see Noon February 17, 2003), public defenders are appointed for them. However, the US government bars the CIA officials among the accused, who will eventually number 25, from talking to their defenders. [Congressional Quarterly, 8/28/2009]

Timeline Tags: Torture of US Captives

Federal district court judge Anna Diggs Taylor rules that the NSA’s warrantless wiretapping program (see Early 2002) is unconstitutional and orders it ended. She amends her ruling to allow the program to continue while the Justice Department appeals her decision. The decision is a result of a lawsuit filed by the American Civil Liberties Union (ACLU) and other civil liberties groups. Taylor rules that the NSA program violates US citizens’ rights to privacy and free speech, the Constitutional separation of powers among the three branches of government, and the Foreign Intelligence Surveillance Act (see 1978). Taylor writes: “It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights. There are no hereditary Kings in America and no powers not created by the Constitution. So all ‘inherent powers’ must derive from that Constitution.” [Verdict in ACLU et al v. NSA et al, 8/17/2006 pdf file; Washington Post, 8/18/2006] The program “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III,” Taylor writes, and adds, “[T]he president of the United States… has undisputedly violated the Fourth in failing to procure judicial orders.” [CNN, 8/17/2006]
Judge Lets One Portion Stand - Taylor rejects one part of the lawsuit that seeks information about the NSA’s data mining program (see October 2001), accepting the government’s argument that to allow that portion of the case to proceed would reveal state secrets (see March 9, 1953). Other lawsuits challenging the program are still pending. Some legal scholars regard Taylor’s decision as poorly reasoned: national security law specialist Bobby Chesney says: “Regardless of what your position is on the merits of the issue, there’s no question that it’s a poorly reasoned decision. The opinion kind of reads like an outline of possible grounds to strike down the program, without analysis to fill it in.” The White House and its Republican supporters quickly attack Taylor, who was appointed to the bench by then-President Jimmy Carter, as a “liberal judge” who is trying to advance the agenda of Congressional Democrats and “weaken national security.” For instance, Senator Mike DeWine (R-OH) says that halting the program “would hamper our ability to foil terrorist plots.” [Washington Post, 8/18/2006]
Democrats, Civil Libertarians Celebrate Ruling - But Democrats defend the ruling. For instance, Senator John Kerry (D-MA) says the ruling provides a much-needed check on the unfettered power of the Bush White House. “[N]o one is above the law,” says Kerry. [Washington Post, 8/18/2006] Lawyers for some of the other cases against the NSA and the Bush administration laud the decision as giving them vital legal backing for their own court proceedings. “We now have a ruling on the books that upholds what we’ve been saying all along: that this wiretapping program violates the Constitution,” says Kevin Bankston, who represents the Electronic Frontier Foundation (EFF) in its class-action case against AT&T for its role in the NSA’s surveillance program (see January 31, 2006). [Washington Post, 8/18/2006] Legal expert and liberal commentator Glenn Greenwald writes that Taylor’s ruling “does not, of course, prohibit eavesdropping on terrorists; it merely prohibits illegal eavesdropping in violation of FISA. Thus, even under the court’s order, the Bush administration is free to continue to do all the eavesdropping on terrorists it wants to do. It just has to cease doing so using its own secretive parameters, and instead do so with the oversight of the FISA court—just as all administrations have done since 1978, just as the law requires, and just as it did very recently when using surveillance with regard to the [British] terror plot. Eavesdropping on terrorists can continue in full force. But it must comply with the law.” Greenwald writes: “[T]he political significance of this decision cannot be denied. The first federal court ever to rule on the administration’s NSA program has ruled that it violates the constitutional rights of Americans in several respects, and that it violates criminal law. And in so holding, the court eloquently and powerfully rejected the Bush administration’s claims of unchecked executive power in the area of national security.” [Salon, 8/17/2006]
White House Refuses to Comply - The Bush administration refuses to comply with Taylor’s ruling, asserting that the program is indeed legal and a “vital tool” in the “war on terrorism.” It will quickly file an appeal, and law professors on both sides of the issue predict that Taylor’s ruling will be overturned. [Savage, 2007, pp. 206]
Lawsuit Ends with White House 'Compromise' - The lawsuit will end when the White House announces a “compromise” between the wiretapping program and FISC (see January 17, 2007).

Entity Tags: John Kerry, Kevin Bankston, Mike DeWine, US Department of Justice, Peter Hoekstra, Glenn Greenwald, National Security Agency, George W. Bush, James Earl “Jimmy” Carter, Jr., Foreign Intelligence Surveillance Act, Alberto R. Gonzales, American Civil Liberties Union, AT&T, Anna Diggs Taylor, Bush administration (43), Bobby Chesney, Foreign Intelligence Surveillance Court, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

Conservative pundits and columnists launch a new barrage of attacks and accusations against former ambassador Joseph Wilson (see July 6, 2003) and his wife, outed CIA agent Valerie Plame Wilson (see July 14, 2003). The pundits use the recent revelation that former Deputy Secretary of State Richard Armitage was apparently the first administration official to leak Plame Wilson’s name to the press (see August 22, 2006 and September 7, 2006). They claim that the new information proves that there was never a conspiracy to “out” Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), but that her status as a covert CIA agent was revealed merely as a result of harmless gossip from Armitage, who is not considered a major part of the neoconservative axis of power within the White House. [Washington Post, 9/1/2006]
Blaming Armitage and the State Department - The Wall Street Journal blames Armitage for allowing the Plame Wilson identity leak investigation to go on while he remained mute, allowing “political opportunism and internal score-settling” to drive the investigation when it never should have taken off. “The White House, in short, was not engaged in any campaign to ‘out’ Ms. Plame [Wilson],” the editorial states. Since the prosecution of Lewis Libby for perjury and obstruction during the investigation is not likely to be dropped, the editorial concludes, President Bush should end it by pardoning Libby. [Wall Street Journal, 8/30/2006] The New York Sun also chastizes Armitage for standing silent “while the president’s critics sullied the good names of Messrs. Cheney, Libby, and Rove.” [National Review, 7/19/2004; New York Sun, 8/30/2006] A similar position is advocated by neoconservative John Podhoretz, writing for the New York Post, who also says that the Armitage revelation should result in special counsel Patrick Fitzgerald dropping all charges against Libby. [New York Post, 8/29/2006] Neoconservative Frank Gaffney, writing for the online political publication TownHall, accuses both Armitage and former Secretary of State Colin Powell, as well as other senior State Department officials, of being “disloyalists” who “wage[d] war” against the Bush administration “from behind enemy lines”—from his position in the State Department, essentially functioning as a saboteur for unnamed liberal interests, and to win ground the State Department lost in conflicts with the White House. Gaffney goes further, accusing other State Department officials of intentionally sabotaging US nuclear negotiation efforts with North Korea (see September 19-20, 2005 and July 15, 2006). He accuses Armitage of “destructive and disloyal behavior” and “appeasement” towards North Korea and other US opponents. [Town Hall (.com), 9/5/2006] San Francisco Chronicle writer Debra Saunders calls the entire affair nothing more than “gossip,” and notes that an admission by White House deputy chief of staff Karl Rove that he confirmed Plame Wilson’s identity (see July 10, 2005 and October 14, 2005) is virtually meaningless. The only “abuse of power” that has come to light during the investigation, Saunders opines, is the investigation itself. [Minneapolis Star-Tribune, 9/6/2006]
Libby 'Exonerated' by Armitage Admission - The New Hampshire Union Leader calls the investigation a “non-issue” promulgated by “conspiracy nuts” now proven wrong by the Armitage admission. [New Hampshire Union Leader, 8/30/2006] Syndicated columnist Linda Chavez says the “exculpatory” Armitage revelation exonerates Libby, and calls his prosecution “malicious” and unwarranted. [Creators Syndicate, 8/30/2006]
Wilson, 'Leftists' to Blame - Slate’s Christopher Hitchens goes further, attacking the “Joseph Wilson fantasy” that Iraq had not attempted to buy uranium from Niger (see March 4-5, 2002, (March 6, 2002) and March 8, 2002), calling the idea that the White House deliberately attempted to smear Wilson’s character a “paranoid fantasy” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and concluding that the entire Plame Wilson imbroglio was the result of a “venom[ous] interdepartmental rivalry” between Armitage’s State Department and the White House, blown entirely out of proportion by liberal critics of the Bush administration. [Slate, 8/29/2006] A National Review editorial blames the New York Times editorial board and “shrieking” “leftist adversaries” of the Bush administration for the investigation, and, like Chavez and others, calls for the immediate end of the Libby prosecution. [National Review, 8/30/2006] The Weekly Standard’s Fred Barnes compiles a “rogues list” of “the Plamegate Hall of Shame,” including Armitage, his former boss Colin Powell, Patrick Fitzgerald, the Justice Department, Joseph Wilson, and the media. “So instead of Cheney or Rove or Libby,” Barnes writes, “the perennial targets of media wrath, the Plamegate Hall of Shame consists of favorites of the Washington elite and the mainstream press.” And like the others, Barnes calls on Fitzgerald to immediately terminate his investigation as well as his prosecution of Libby. [Weekly Standard, 9/2/2006] And the Washington Times’s editor in chief Wesley Pruden rounds off the attacks, rather ghoulishly predicting that the next time Plame Wilson will be mentioned in the press is when “a nice obituary in the Washington and New York newspapers and a few lines of a telegraph dispatch on a page with the truss ads in Topeka” is printed. He calls Plame Wilson, who headed the CIA’s Joint Task Force on Iraq (see April 2001 and After), “the queen of the clipping scissors and pastepots at the CIA” (see September 29, 2003), and calls the leak investigation a “fraud.” [Washington Times, 9/5/2006]
Picked Up by Mainstream Media - Many in the mainstream media echo the new line of attack, with the Washington Post’s editorial board joining the other editorials and columnists in demanding that the Libby prosecution be immediately terminated. Echoing a Wall Street Journal guest editorial from almost a year before (see November 3, 2005), the Post editorial claims that because Plame Wilson’s husband, former ambassador Joseph Wilson, went public with his knowledge of the Bush administration’s false claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003), he is ultimately responsible for outing his wife. The Post writes: “Mr. Wilson chose to go public with an explosive charge, claiming—falsely, as it turned out—that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.” The allegation that Wilson had “falsely… debunked reports of Iraqi uranium-shopping in Niger” is itself false, as Wilson’s report further proved that no such deals ever took place (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). [Washington Post, 9/1/2006] The New York Times’s conservative columnist, David Brooks, joins in the attacks, calling the exposure of Plame Wilson a “piffle” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006) blown out of proportion by a group of Congressional Democrats and the 2004 presidential campaign of John Kerry. Like the others, he blames Armitage for “keep[ing] quiet while your comrades are being put through the ringer [sic].” [New York Times, 8/31/2006] Days later, the Post’s David Broder writes that Karl Rove, one of the White House officials who outed Plame (see July 8, 2003 and 11:00 a.m. July 11, 2003), had been treated badly by reporters and pundits, and deserved a round of apologies. [Washington Post, 9/7/2006]
'Marvel of Wingnut Logic' - Author Jane Hamsher, writing for the progressive blog FireDogLake, hammers the Post editorial and its presumed author, op-ed editor Fred Hiatt, writing with some apparent outrage: “[T]o argue that somehow this [Armitage] leak—which played no part in the concerted administration effort to bully, intimidate, and punish Joe Wilson—should somehow excuse Scooter Libby and Karl Rove’s subsequent actions is a true marvel of wingnut logic. Incredibly it is somehow okay to rob the liquor store, shoot the owner, rape the cashier, and spatter the walls with blood because someone else was caught shoplifting there the week before. It is the Sistine Chapel of bad faith editorials.” [Jane Hamsher, 9/1/2006]
Comparisons to Soviet Propaganda - Plame Wilson herself is “furious” at reading the Post editorial and other, similar writings. In her 2007 book Fair Game, she will write, “I suddenly understood what it must have felt like to live in the Soviet Union and have only the state propaganda entity, Pravda, as the source of news about the world.” Plame Wilson calls the allegations that her husband is responsible for outing her “flatly untrue,” and shows the writers’ “ignorance about how our clandestine service functions.” She notes that the FBI had known of the Armitage leak since October 2003, and that since “the FBI didn’t shut down the investigation” this indicated “they had good reason to believe that Libby and Rove were lying to them.” [Wilson, 2007, pp. 257-260]

Entity Tags: Fred Hiatt, Washington Post, Wall Street Journal, Christopher Hitchens, Valerie Plame Wilson, Colin Powell, Frank Gaffney, Fred Barnes, Debra Saunders, David Brooks, David Broder, US Department of State, Wesley Pruden, New York Times, John Podhoretz, Richard Armitage, George W. Bush, Joseph C. Wilson, Karl C. Rove, Jane Hamsher, Linda Chavez, New York Sun, Lewis (“Scooter”) Libby, New Hampshire Union Leader, National Review

Timeline Tags: Niger Uranium and Plame Outing

Actor Kiefer Sutherland as ‘Jack Bauer.’Actor Kiefer Sutherland as ‘Jack Bauer.’ [Source: Stuff.co.nz]Law professor Phillippe Sands begins a series of interviews with the former staff judge advocate for the US Army in Guantanamo, Lieutenant Colonel Diane Beaver. She is the author of a legal analysis that was used by the Bush administration to justify its extreme interrogation techniques (see October 11, 2002). Sands describes her as “coiled up—mistreated, hung out to dry.” She is unhappy with the way the administration used her analysis, and notes that she was guided in her work at Guantanamo by personnel from the CIA and Defense Intelligence Agency. She believes that some of the interrogation techniques were “reverse-engineered” from a training program called SERE—Survival, Evasion, Resistance, and Escape—though administration officials have denied this. Several Guantanamo personnel were sent to Fort Bragg, SERE’s home, for a briefing on the program (see December 2001, January 2002 and After, Mid-April 2002, Between Mid-April and Mid-May 2002, July 2002, July 2002, July 2002, and August 1, 2002). Military training was not the only source of inspiration. Fox’s television drama 24 came to a conclusion in the spring of 2002, Beaver recalls. One of the overriding messages of that show is that torture works. “We saw it on cable,” Beaver remembers. “People had already seen the first series. It was hugely popular.” The story’s hero, Jack Bauer, had many friends at Guantanamo, Beaver adds. “He gave people lots of ideas.” She recalls in graphic terms how excited many of the male personnel became when extreme interrogation methods were discussed. “You could almost see their d_cks getting hard as they got new ideas,” she will say. “And I said to myself, You know what? I don’t have a d_ck to get hard—I can stay detached.” The FBI and the Naval Criminal Investigative Service refused to become involved in aggressive interrogations, she says (see Late March through Early June, 2002 and December 17, 2002). [Vanity Fair, 5/2008]

Entity Tags: Naval Criminal Investigative Service, Diane E. Beaver, Federal Bureau of Investigation, Fox Broadcasting Company, Phillippe Sands, Georgetown University

Timeline Tags: Torture of US Captives

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

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

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

Rowan Scarborough.Rowan Scarborough. [Source: NNDB (.com)]Washington Times reporter Rowan Scarborough writes an extensive analysis of the Plame Wilson identity leak investigation, calling it an attempt by liberals to bring down a Republican president just as the Nixon-era Watergate scandal did (see October 18, 1972 and June 27, 1973), and accuses “leftists” throughout Congress and the media of orchestrating a smear campaign against former White House official Lewis Libby. Special counsel Patrick Fitzgerald is little more than a tool of those “leftists,” he writes. Scarborough, who is not identified as the author by the Times but is identified on the reprint of the article on the Libby Legal Defense Fund Web site, reviews and echoes many of the same criticisms others on the right have already stated, that since Libby was not the first administration official to leak Valerie Plame Wilson’s identity to a reporter, he must be innocent of the charges against him (see Late August-Early September, 2006). “[T]he ‘scandal’ is played out,” Scarborough writes, and the hopes of liberals to see the destruction of the Bush administration are “shattered.” Scarborough says that Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) and former Deputy Secretary of State Richard Armitage (see June 13, 2003 and July 8, 2003) revealed Plame Wilson’s identity for no other reason than to set the record straight about Plame Wilson sending her husband, Joseph Wilson, to Niger to investigate claims that Iraq had tried to purchase uranium from that country (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Armitage and Libby were concerned, Scarborough writes, that Wilson went to Niger at the behest of Vice President Dick Cheney (see (February 13, 2002)), when in actuality, Scarborough states, Wilson went to Niger, and subsequently printed an influential op-ed in the New York Times (see July 6, 2003), “to chastise the president for citing a British intelligence report in his January 2003 State of the Union address about a possible Niger-Iraq connection” (see Mid-January 2003 and 9:01 pm January 28, 2003). Scarborough claims falsely that neither the White House nor CIA Director George Tenet knew of Wilson’s trip to Niger (see March 8, 2002); he cites false information promulgated by Republican members of the Senate Intelligence Committee in that body’s report on prewar intelligence and Iraqi WMD (see July 9, 2004), and contradictory statements by conservative columnist Robert Novak (see July 14, 2003, July 21, 2003, September 29, 2003, October 1, 2003, December 14, 2005, July 12, 2006, and July 12, 2006), who outed Plame Wilson in his column (see July 14, 2003). Like many of his colleagues, Scarborough blames Wilson for the exposure of his wife’s CIA identity. [Washington Times, 9/5/2006; Libby Legal Defense Trust, 9/5/2006]

Entity Tags: Robert Novak, Joseph C. Wilson, George J. Tenet, Bush administration (43), Lewis (“Scooter”) Libby, Richard Armitage, Libby Legal Defense Fund, Senate Intelligence Committee, Patrick J. Fitzgerald, Rowan Scarborough, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

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

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

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

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

Timeline Tags: Iraq under US Occupation

Vice President Cheney appears on Meet the Press two days after a bipartisan Senate report asserts that there was no link of any sort between the Iraqi government and al-Qaeda before 9/11, except for one meeting held in 1995. Cheney claims he has not read the report yet, but he says, “whether or not there was a historic relationship between Iraq and al-Qaeda. The basis for that is probably best captured in George Tenet’s testimony before the Senate Intel Commission, an open session, where he said specifically that there was a pattern of relationship that went back at least a decade between Iraq and al-Qaeda.… [Militant leader Abu Musab] al-Zarqawi was in Baghdad after we took Afghanistan and before we went into Iraq. You had the facility up at Kermal, poisons facility, ran by Ansar al-Islam, an affiliate of al-Qaeda.… [The Iraqi government] was a state sponsor of terror. [Saddam Hussein] had a relationship with terror groups. No question about it. Nobody denies that.” [Meet the Press, 9/10/2006] In fact, the Senate report determined that although al-Zarqawi was in Baghdad, the Iraqi government tried hard to find him and catch him, and that Ansar al-Islam was in a part of Iraq outside the control of the Iraq government and the government was actively opposed to them as well. The report claims there was no meeting between hijacker Mohamed Atta and an Iraqi agent in Prague in April 2001. [US Senate and Intelligence Committee, 9/8/2006 pdf file] But regarding that meeting, Cheney still does not deny it took place, even though it has been widely discredited. “We don’t know. I mean, we’ve never been able to, to, to link it, and the FBI and CIA have worked it aggressively. I would say, at this point, nobody has been able to confirm…” [Meet the Press, 9/10/2006] Earlier in the year, Cheney had conceded that the meeting “has been pretty well knocked down now at this stage, that that meeting ever took place” (see March 29, 2006).

Entity Tags: Ansar al-Islam, Abu Musab al-Zarqawi, Al-Qaeda, Saddam Hussein, Ahmed Khalil Ibrahim Samir al-Ani, Mohamed Atta, Richard (“Dick”) Cheney

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

Conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson three years ago (see July 14, 2003) after receiving the information about her from, among other sources, then-Deputy Secretary of State Richard Armitage (see July 8, 2003), writes of the Armitage leak. Novak writes that he feels free to discuss it publicly now that Armitage has publicly admitted to being one of Novak’s sources (see September 7, 2006).
Accusation of Misrepresentation - Novak says Armitage misrepresented the nature of their conversation, and wants “to set the record straight based on firsthand knowledge.” Armitage was not passing along information that he “thought” might be the case, Novak writes. “Rather, he identified to me the CIA division where Mrs. Wilson worked [counterproliferation], and said flatly that she recommended the mission to Niger by her husband, former Amb[assador] Joseph Wilson. Second, Armitage did not slip me this information as idle chitchat, as he now suggests. He made clear he considered it especially suited for my column.”
Armitage Leak Discredits 'Left-Wing Fantasy' of White House Smear Campaign - Novak then says that Armitage’s identity as one of the Plame Wilson leakers discredits the “left-wing fantasy of a well-crafted White House conspiracy to destroy Joe and Valerie Wilson” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). Armitage was a long-time skeptic of the Iraq invasion, as was Wilson, and Novak himself writes that he “long had opposed military intervention in Iraq.” After his July 2003 column, “[z]ealous foes of George W. Bush transformed me improbably into the president’s lapdog.… The news that [Armitage] and not Karl Rove was the leaker was devastating news for the Left.” Novak is apparently not admitting that Rove was a primary source for the Plame Wilson column (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Novak also writes that he finds it difficult to believe Armitage’s claim that he only realized he was Novak’s source for the leak after reading Novak’s October 1, 2003 column (see October 1, 2003). He calls Armitage’s disclosure “tardy” and “tainted,” since in Novak’s view, Armitage’s silence “enabled partisan Democrats in Congress to falsely accuse Rove of being my primary source.” [Chicago Sun-Times, 9/14/2006]
Author: Novak Changed Story for Fourth Time - Progressive author and blogger Marcy Wheeler accuses Novak of “changing his story for the fourth time” (see July 12, 2006) in his recounting of the Armitage episode. In his original column (based in part on Armitage’s confirmation—see July 8, 2003 and July 14, 2003), Novak called Valerie Plame Wilson “an agency operative on weapons of mass destruction,” and credited that information to an unnamed CIA source (later revealed to be CIA spokesman Bill Harlow—see (July 11, 2003) and Before July 14, 2003). In an October 2003 column (see October 1, 2003), Novak named “a senior administration official”—Armitage—as his source for Plame Wilson’s status as an employee of the CIA’s counterproliferation division, which works on WMD (see April 2001 and After). During a subsequent interview with Fox News anchor Brit Hume, Novak again changed Armitage’s description of Plame Wilson’s duties at the CIA. Novak has also changed his story on whether Armitage’s leak was deliberate or merely “chitchat,” as Armitage has claimed. Novak told Newsday reporters that he “didn’t dig out” information on Plame Wilson, “it was given to me.… They thought it was significant, they gave me the name and I used it.” In his October 2003 column, he revised his story, saying he “did not receive a planned leak” and called Armitage’s information “an offhand revelation.” In this current column, he reverts to claiming that Armitage deliberately leaked the information. [Marcy Wheeler, 9/13/2006]

Entity Tags: Marcy Wheeler, Joseph C. Wilson, George W. Bush, Bill Harlow, Karl C. Rove, Richard Armitage, Robert Novak, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

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

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

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

Timeline Tags: Civil Liberties

Senator Barack Obama (D-IL) speaks out against the Military Commissions Act (MCA), which gives the federal government wide latitude to incarcerate and interrogate “terror suspects” without charge or due process of the law (see October 17, 2006). Obama says that “political considerations” for the upcoming midterm elections played a significant role in the timing of the bill, but “what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics. This is serious. If this was a debate with obvious ideological differences—heartfelt convictions that couldn’t be settled by compromise—I would understand. But it’s not.” Obama notes that in five years of the Bush administration’s system of military tribunals, “not one terrorist has been tried. Not one has been convicted. And in the end, the Supreme Court of the United States found the whole thing unconstitutional (see June 30, 2006), which is why we’re here today. We could have fixed all of this in a way that allows us to detain and interrogate and try suspected terrorists while still protecting the accidentally accused from spending their lives locked away in Guantanamo Bay. Easily. This was not an either-or question.” Congress could have written and passed legislation that would have established “a real military system of justice that would sort out the suspected terrorists from the accidentally accused,” one that would be in line with domestic law and the Geneva Conventions. Instead, “politics won today.… The administration got its vote, and now it will have its victory lap, and now they will be able to go out on the campaign trail and tell the American people that they were the ones who were tough on the terrorists.” Meanwhile, Obama says, questions about the efficacy and legality of the Bush system of justice persist, al-Qaeda and the Taliban are regrouping “while we look the other way,” and the administration is bent on fighting a war in Iraq “that our own government’s intelligence says is serving as al-Qaeda’s best recruitment tool.… This is not how a serious administration would approach the problem of terrorism.” [US Senate, 9/28/2006]

Entity Tags: Military Commissions Act, Barack Obama, Bush administration (43)

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

Columnist Robert Novak, a recipient of several White House leaks regarding covert CIA official Valerie Plame Wilson (see July 7, 2003, July 8 or 9, 2003, (July 11, 2003), and Before July 14, 2003) and the author of the column exposing Plame Wilson (see July 14, 2003), publishes a column in the conservative Weekly Standard attacking the authors of Hubris, a book that identified former Deputy Secretary of State Richard Armitage as the original leaker of Plame Wilson’s identity (see June 13, 2003, July 8, 2003, September 6, 2006, and September 7, 2006).
Attacks Co-Author of Book - Novak focuses primarily on “stereotypical leftist activist” co-author David Corn, whom he accuses of engendering the entire Plame Wilson identity leak investigation with a column questioning the propriety of Novak’s exposure of a covert CIA official (see July 16, 2003), and writes that Corn and other “enemies of George W. Bush” used the investigation to try to “bring down a president” (Bush). Now, Novak writes, Corn is in the ironic position of having co-authored a book “that has had the effect of killing the story.” (Novak credits co-author Michael Isikoff, not Corn, with discovering the Armitage leak.) To regain traction, Novak writes, “Corn has been frantic… to depict an alternate course in which [White House official Karl] Rove, [former White House official Lewis] Libby, and Vice President Cheney attempted, by design and independently, to do what Armitage purportedly accomplished accidentally.” Armitage’s leak was a gossipy “slip-up” that occurred simultaneously with what Corn and Isikoff called “a concerted White House effort to undermine a critic of the war,” former ambassador Joseph Wilson. Novak says the “conspiracy theory” of a White House effort to denigrate and smear Wilson is specious (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and calls the book’s detailed recounting of the misdeeds of the White House surrounding the Wilson smear and the Plame Wilson exposure “tiresome.” Novak dismisses Hubris as little more than “an unmitigated apologia for the Wilsons.”
Justifies Own Cooperation with Prosecution - He goes on to justify his repeated (and unreported) testimonies before the Patrick Fitzgerald grand jury (see October 7, 2003, February 5, 2004, and September 14, 2004), saying since Fitzgerald already knew who his sources for the Plame Wilson leak were (Libby, Armitage, and CIA official Bill Harlow), “there was no use in not testifying about them,” and he “feared facing the same legal juggernaut that sent Judith Miller of the New York Times to jail” (see July 6, 2005).
Claims Plame Wilson Not Covert - Novak says that no one—Armitage, Libby, Rove, nor himself—could be prosecuted for outing Plame Wilson because she “was not a covert operative under the terms of the law” (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006).
Exposes White House Source - Novak concludes the article by identifying former White House press aide Adam Levine (see February 6, 2004 and October 26, 2005) as the source for the “1x2x6” articles published by the Washington Post (see September 28, 2003 and October 12, 2003). [Weekly Standard, 9/23/2006]

Entity Tags: Michael Isikoff, George W. Bush, David Corn, Bill Harlow, Adam Levine, Judith Miller, Lewis (“Scooter”) Libby, Richard Armitage, Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Military Commissions Act, John C. Yoo

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

In an interview with WDAY’s Scott Heinen, Vice President Dick Cheney says it was a “no-brainer for me” to authorize waterboarding of suspected terrorists (see April 2002 and After and Summer 2003). Cheney says that since waterboarding and other brutal methods are not torture, as he defines the term (see Mid-March 2002), the entire issue is not really an issue. “We don’t torture,” he says. “That’s not what we’re involved in. We live up to our obligations in international treaties that we’re party to, and so forth. But the fact is, you can have a fairly robust interrogation program without torture, and we need to be able to do that.” [Savage, 2007, pp. 154-155; Financial Times, 10/26/2008] After Cheney’s statement causes a welter of criticism among lawmakers and media figures, the White House says Cheney was not talking about waterboarding, and insists that the US does not torture. Cheney calls reporters to bolster the denial. “I did not talk about specific techniques and won’t,” he says. “I didn’t say anything about waterboarding.… He [Heinen] didn’t even use that phrase.” Human Rights Watch says Cheney’s remarks are “the Bush administration’s first clear endorsement” of waterboarding. [Associated Press, 10/28/2006]

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), Scott Heinen, Human Rights Watch

Timeline Tags: Torture of US Captives

Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi.Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. [Source: White House]Vice President Dick Cheney justifies an NSA program for warrantless surveillance of conversations between the US and other countries by referring to communications between 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001). The calls were intercepted by the NSA, but this did not help the US roll up the plot. Echoing remarks previously made by President Bush (see December 17, 2005), Cheney says: “If you’ll recall, the 9/11 Commission focused criticism on the nation’s inability to uncover links between terrorists at home and terrorists overseas [note: the 9/11 Commission’s final report does not actually say this (see December 17, 2005)]. The term that was used is ‘connecting the dots’—and the fact is that one small piece of data might very well make it possible to save thousands of lives. If this program had been in place before 9/11, we might have been able to prevent it because we had two terrorists living in San Diego, contacting terrorist-related numbers overseas.” [Office of the Vice President, 8/25/2006] Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: National Security Agency, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

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

Entity Tags: Pervez Musharraf, Rai Bashir, Saeed Sheikh

Timeline Tags: Complete 911 Timeline

Rumsfeld leaving the Defense Department.Rumsfeld leaving the Defense Department. [Source: Boston Globe]Donald Rumsfeld resigns as US defense secretary. On November 6, he writes a letter telling President Bush of his resignation. Bush reads the letter the next day, which is also the date for midterm elections in the US, in which the Democratic Party wins majorities in the Senate and House of Representatives. Bush publicly announces the resignation the next day. No explanation is given for the delay in making the announcement. [Reuters, 8/15/2007]
Replaced by Gates - Rumsfeld is formally replaced by Robert Gates on December 18, 2006. According to a retired general who worked closely with the first Bush administration, the Gates nomination means that George H.W. Bush, his close political advisers—Brent Scowcroft, James Baker—and the current President Bush are saying that “winning the 2008 election is more important than any individual. The issue for them is how to preserve the Republican agenda. The Old Guard wants to isolate Cheney and give their girl, Condoleezza Rice, a chance to perform.” It takes Scowcroft, Baker, and the elder Bush working together to oppose Cheney, the general says. “One guy can’t do it.” Other sources close to the Bush family say that the choice of Gates to replace Rumsfeld is more complex than the general describes, and any “victory” by the “Old Guard” may be illusory. A former senior intelligence official asks rhetorically: “A week before the election, the Republicans were saying that a Democratic victory was the seed of American retreat, and now Bush and Cheney are going to change their national security policies? Cheney knew this was coming. Dropping Rummy after the election looked like a conciliatory move—‘You’re right, Democrats. We got a new guy and we’re looking at all the options. Nothing is ruled out.’” In reality, the former official says, Gates is being brought in to give the White House the credibility it needs in continuing its policies towards Iran and Iraq.
New Approach towards Iran? - Gates also has more credibility with Congress than Rumsfeld, a valuable asset if Gates needs to tell Congress that Iran’s nuclear program poses an imminent threat. “He’s not the guy who told us there were weapons of mass destruction in Iraq, and he’ll be taken seriously by Congress.” Joseph Cirincione, a national security director for the Center for American Progress, warns: “Gates will be in favor of talking to Iran and listening to the advice of the Joint Chiefs of Staff, but the neoconservatives are still there [in the White House] and still believe that chaos would be a small price for getting rid of the threat. The danger is that Gates could be the new Colin Powell—the one who opposes the policy but ends up briefing the Congress and publicly supporting it.” [New Yorker, 11/27/2006]

Entity Tags: Robert M. Gates, Joseph Cirincione, Brent Scowcroft, George W. Bush, Condoleezza Rice, James A. Baker, George Herbert Walker Bush, Donald Rumsfeld

Timeline Tags: US confrontation with Iran, US Military, Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

The CIA acknowledges that it has operated under the rubric of two secret Bush administration documents that authorized it to detain and interrogate terrorism suspects overseas. Since 2004, the agency has refused to either confirm or deny the existence of the documents, and has argued in court that to make such an acknowledgement would jeopardize national security. The American Civil Liberties Union, which has fought the CIA in court over the documents, says in a statement by its executive director, Anthony Romero: “The CIA’s sudden reversal on these secret directives is yet more evidence that the Bush administration is misusing claims of national security to avoid public scrutiny. Confusion about whether such a presidential order existed certainly led to the torture and abuse scandal that embarrassed America. With a new Congress and renewed subpoena power, we now need to look up the chain of command.” One of the documents is a secret executive order signed by President Bush authorizing the CIA to set up “black site” detention facilities overseas (see September 17, 2001), and the other is a Justice Department legal analysis specifying interrogation methods that CIA interrogators could use against top al-Qaeda suspects. In legal papers previously filed in court, the CIA claimed that national security would be gravely injured if the CIA were compelled to admit or deny even an “interest” in interrogating detainees. Today, however, the agency acknowledges the existence of the two documents. It continues to withhold the documents themselves; their contents remain unknown to the public. The ACLU’s Jameel Jaffer says: “We intend to press for the release of both of these documents. If President Bush and the Justice Department authorized the CIA to torture its prisoners, the public has a right to know.” [American Civil Liberties Union, 11/14/2006]

Entity Tags: US Department of Justice, American Civil Liberties Union, Anthony D. Romero, Jameel Jaffer, Central Intelligence Agency, Bush administration (43)

Timeline Tags: Torture of US Captives

The Justice Department argues in federal court that immigrants arrested in the US and labeled as “enemy combatants” under the Military Commissions Act (MCA) (see October 17, 2006) can be indefinitely detained without access to the US justice system. The argument comes as part of the Justice Department’s attempt to dismiss a habeas corpus suit challenging the detention of Ali Saleh Kahlah al-Marri, a Qatari citizen accused by the government of being an al-Qaeda agent (see December 12, 2001 and February 1, 2007). The government argues that the MCA “removes federal court jurisdiction over pending and future habeas corpus actions and any other actions filed by or on behalf of detained aliens determined by the United States to be enemy combatants, such as petitioner-appellant al-Marri.… In plain terms, the MCA removes this Court’s jurisdiction (as well as the district court’s) over al-Marri’s habeas action. Accordingly, the Court should dismiss this appeal for lack of jurisdiction and remand the case to the district court with instructions to dismiss the petition for lack of jurisdiction.” This is the first time the Bush administration has argued in court that the MCA strips a detainee held within the US of habeas rights.
Defense Counterargument - Al-Marri’s lawyers say that because he is being held in a South Carolina detention facility, he has the right to challenge his detention in a civilian court like any other non-citizen held on criminal charges. The Justice Department says that enemy combatants have no such rights regardless of where they are being held. Jonathan Hafetz, one of al-Marri’s lawyers, says: “[T]he president has announced that he can sweep any of the millions of non-citizens off the streets of America and imprison them for life in a military jail without charge, court review, or due process. It is unprecedented, unlawful, and un-American.” [Jurist, 11/14/2006] The government has “never admitted that he has any rights, including the right not to be tortured,” Hafetz adds. “They’ve created a black hole where he has no rights.” [Progressive, 3/2007] The Bush administration is also challenging lawsuits filed by detainees at the Guantanamo Bay detention facility on similar grounds. [Jurist, 11/14/2006]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Jonathan Hafetz, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Prosecutors tell a federal court that former White House official Lewis Libby may have disclosed information from a highly classified government report, the 2002 National Intelligence Estimate on Iraq (see October 1, 2002), to reporters (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, July 12, 2003, July 12, 2003, July 14 or 15, 2003) before the report was declassified by President Bush (see July 18, 2003). Libby’s lawyers have asked that the federal prosecutors, led by special counsel Patrick Fitzgerald, be barred from arguing at trial that Libby acted improperly or illegally by disclosing such information. Libby has claimed that he disclosed the information at the direction of his then-supervisor, Vice President Dick Cheney. According to Libby, Cheney told him that he had received permission to disclose the information from Bush (see March 24, 2004). Fitzgerald wishes to have the ability to question Libby’s assertions that all of his disclosures were authorized. [New York Sun, 11/17/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Haroon Rashid Aswat

Timeline Tags: Complete 911 Timeline

The Director of National Intelligence, John Negroponte, and NSA Director Keith Alexander try to get a lawsuit dismissed that alleges the NSA illegally wiretapped a Saudi charitable organization (see February 28, 2006). The organization, the Al Haramain Islamic Foundation, is presenting a classified US document as proof of the illegal wiretapping.
Invoking 'State Secrets' Privilege - In late 2006, Negroponte and Alexander tell the presiding judge, US District Judge Garr King, that in order to defend itself, the government would have to disclose “state secrets” (see March 9, 1953) that would expose US anti-terrorism efforts. This same argument will be reiterated in July 2007, when government lawyers say, “Whether plaintiffs were subjected to surveillance is a state secret, and information tending to confirm or deny that fact is privileged.” The judge will hear arguments for and against dismissing the case on August 15, 2007. [Associated Press, 8/5/2007]
Judicial Examination - King, in Portland, Oregon, examined the document for himself, and read classified briefs supplied by the Justice Department. Upon reading the briefs, King met with government lawyers to discuss turning over yet more documents in discovery—a decision unlikely to have been taken had King not believed the evidence did not show that the Al Haramain plaintiffs were, in fact, monitored. And, under FISA, had the surveillance been lawful and court-ordered, King would have been legally constrained to dismiss the lawsuit, since according to that law, plaintiffs can only sue if no warrant was ever issued for the alleged surveillance. “If there was a FISA warrant, the whole case would have crumbled on the first day,” says plaintiff attorney Thomas Nelson, “It’s pretty obvious from the government’s conduct in the case, there was no warrant.”
'Inherent Authority' of President - Justice Department lawyers rely on the argument that the president has the inherent authority to order surveillance of suspected terrorists with or without warrants, and that to judge the president’s decision would reveal national secrets that would alert terrorists to government anti-terrorist actions, thereby mandating that this and other lawsuits be dismissed.
Consolidation of Lawsuits - An August 2006 court ruling ordering that the Al Haramain case be consolidated with 54 other NSA-related lawsuits, under US District Court Judge Vaughn Walker, damaged the government’s argument that it cannot be sued in court. Walker has presided over the year-old class-action lawsuit brought before his court by the Electronic Frontier Foundation against AT&T for the telecom firm’s cooperation with the NSA program (see January 31, 2006); Walker ruled in July 2006 that the case would proceed, against government requests that it be thrown out because of national security requirements. Walker ruled that because the government had already admitted to the existence of the program, the state secrets privilege does not apply. (The Justice Department is appealing Walker’s decision.) As for Al Haramain, its lawyers want that case to be adjudicated separately, because the court has sufficient evidence to decide on the case without waiting for the appellate court decision. Another lawyer for the plaintiffs, Jon Eisenberg, tells Walker in February 2007, “You need only read the statutes to decide, ‘Does the president have the right to do this without a warrant?’” Walker has yet to rule on that request. [Wired News, 3/5/2007]

Entity Tags: Thomas Nelson, Vaughn Walker, National Security Agency, US Department of Justice, Jon Eisenberg, John Negroponte, AT&T, Al Haramain Islamic Foundation (Oregon branch), Garr King, Keith Alexander, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

After the Iraq Study Group (ISG) report is tossed aside by President Bush (see December 2006), his neoconservative advisers quickly locate a study more to their liking. Not surprisingly, it is from the neoconservative American Enterprise Institute. The study, written by Frederick Kagan (the brother of Robert Kagan, a signatory of the 1998 PNAC letter urging then-President Clinton to overthrow Saddam Hussein—see January 26, 1998), was commissioned in late September or early October by Kagan’s AEI boss, Danielle Pletka, the vice president of foreign and defense studies at the institute. Kagan later says that Plekta thought “it would be helpful to do a realistic evaluation of what would be required to secure Baghdad.” The study is released during a four-day planning exercise that coincides with the release of the ISG report, but Kagan says neither the timing nor the report itself has anything to do with the ISG. “This is not designed to be an anti-ISG report,” Kagan insists. “Any conspiracy theories beyond that are nonsense. There was no contact with the Bush administration. We put this together on our own. I did not have any contact with the vice president’s office prior to… well, I don’t want to say that. I have had periodic contact with the vice president’s office, but I can’t tell you the dates.” Kagan’s study, with the appealing title “Choosing Victory: A Plan for Success in Iraq,” says that 20,000 more US troops deployed throughout Baghdad will turn the tide and ensure success. The study becomes the centerpiece of Bush’s “surge” strategy (see January 2007). [Unger, 2007, pp. 342-343]

Entity Tags: Bush administration (43), American Enterprise Institute, Iraq Study Group, George W. Bush, Frederick Kagan, Danielle Pletka

Timeline Tags: Iraq under US Occupation

A 2008 Justice Department report reveals that in January 2007, the CIA prevents Justice Department investigators from questioning al-Qaeda leader Abu Zubaida, who is being held at the Guantanamo prison. The Justice Department will say the CIA’s obstruction was “unwarranted” and “hampered” an investigation by the department’s Office of Inspector General into the FBI’s knowledge of abuse by CIA and Defense Department interrogators. The CIA’s acting general counsel John Rizzo refused to grant access to Zubaida, claiming that he “could make false allegations against CIA employees.” By contrast, Defense Department officials grant the same investigators access to other Guantanamo detainees also allegedly subjected to torture. After Zubaida was captured in early 2002, the CIA subjected him to harsh torture techniques, including waterboarding (see Mid-May 2002 and After). [Newsweek, 5/20/2008]

Entity Tags: US Department of Defense, Abu Zubaida, Central Intelligence Agency, US Department of Justice

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Mounir El Motassadeq, a former associate of three of the 9/11 hijackers, is sentenced to 15 years in prison in Germany. El Motassadeq was convicted of assisting the 9/11 attacks in November (see November 2006) and is currently serving a seven-year sentence for being a member of a terrorist organization (see August 19, 2005). The 15-year sentence is the maximum possible, as the conviction was only as an accessory to the deaths of the 246 people who died on the airliners. As El Motassadeq has already served three years, this period will be deducted from the sentence. Defense lawyers say they will appeal the conviction, and that the case may go all the way to the European Court of Justice. [New York Times, 1/9/2007; Associated Press, 1/9/2007]

Entity Tags: Mounir El Motassadeq

Timeline Tags: Complete 911 Timeline

The CIA continues to fight an American Civil Liberties Union (ACLU) lawsuit demanding that it turn over three key memos authorizing the detention and interrogation of suspected terrorists at secret overseas “black sites” (see November 10, 2006). Court documents filed by the agency cite national security concerns for keeping the documents hidden from public scrutiny. ACLU attorney Amrit Singh says: “The CIA’s declaration uses national security as a pretext for withholding evidence that high-level government officials in all likelihood authorized abusive techniques that amount to torture. This declaration is especially disturbing because it suggests that unlawful interrogation techniques cleared by the Justice Department for use by the CIA still remain in effect. The American public has a right to know how the government is treating its prisoners.” One document is a lengthy presidential order described by the CIA as a “14-page memorandum dated 17 September 2001 from President Bush to the director of the CIA pertaining to the CIA’s authorization to detain terrorists” (see September 17, 2001). Twelve of the 14 pages are “a notification memorandum” from the president to the National Security Council regarding a “clandestine intelligence activity.” ACLU officials say this statement “raises questions regarding the extent to which Condoleezza Rice was involved in establishing the CIA detention program as national security adviser.” The CIA declares in the brief that the presidential document is so “Top Secret” that NSC officials created a “special access program” governing access to it. The brief states that “the name of the special access program is itself classified SECRET,” meaning that the CIA believes that the disclosure of the program’s name “could be expected to result in serious danger to the nation’s security.” The other two documents are, respectively, an August 1, 2002 Justice Department memo “advising the CIA regarding interrogation methods it may use against al-Qaeda members” (see August 1, 2002), and an apparent “draft” version of the August 1 memo prepared for White House counsel Alberto Gonzales by Assistant Attorney General Jay Bybee, the then-head of the Justice Department’s Office of Legal Counsel. The draft memo apparently contends that physical abuse only equates to torture under US law if it inflicts pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” The memo was later rescinded (see December 2003-June 2004). The ACLU’s Jameel Jaffer says: “Through these memos, the president and Office of Legal Counsel created a legal framework that was specifically intended to allow the CIA to violate both US and international law. While national security sometimes requires secrecy, it is increasingly clear that these documents are being kept secret not for national security reasons but for political ones.” [American Civil Liberties Union, 1/10/2007]

Entity Tags: Central Intelligence Agency, Alberto R. Gonzales, American Civil Liberties Union, Amrit Singh, National Security Council, Office of Legal Counsel (DOJ), Condoleezza Rice, Jay S. Bybee, Jameel Jaffer, US Department of Justice

Timeline Tags: Torture of US Captives

Investigative reporter Robert Parry, writing for the progressive Web news outlet ConsortiumNews, notes that former Deputy Secretary of State Richard Armitage may be far more intimately involved with the 2003 White House attempt to besmirch the credibility of former ambassador Joseph Wilson than has been previously noted (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Armitage was the first administration official to expose former CIA agent Valerie Plame Wilson’s CIA status to a reporter (see June 13, 2003), and later leaked it again (see July 8, 2003), that time to columnist Robert Novak, who exposed Plame Wilson in a July 2003 column (see July 14, 2003). Parry writes that conventional media wisdom paints Armitage as an outsider, not a member of the White House inner circle, and a skeptic about the Iraq war; therefore, the media argues, Armitage’s leaks of Plame Wilson’s identity were “inadvertent” and merely coincidental to the White House efforts to claim that former ambassador Joseph Wilson was sent to Africa (see February 21, 2002-March 4, 2002) for partisan reasons by his wife. Parry notes that, as recently as September 2006, the Washington Post joined with conservative supporters of the Bush administration to claim that the White House did not intentionally “orchestrate” the leak of Plame Wilson’s identity (see Late August-Early September, 2006), and that Armitage had no connection with whatever efforts went on inside the White House to leak her identity. However, Parry notes, the mainstream media has consistently ignored the deep connections between Armitage and White House political savant Karl Rove, who many believe did orchestrate the Plame Wilson leak. According to Parry, “a well-placed conservative source… [a]n early supporter of George W. Bush who knew both Armitage and Rove… told me that Armitage and Rove were much closer than many Washington insiders knew.” Armitage and Rove became friends during the first weeks of the Bush administration’s first term, and they cooperated with one another to pass backchannel information between the White House and State Department. The source tells Parry that it is plausible to surmise that Armitage leaked Plame Wilson’s identity to two separate reporters, not by accident, but in collusion with Rove’s strategy to besmirch Wilson by exposing his wife’s CIA identity. Novak printed his column outing Plame Wilson using two primary sources—Armitage and Rove (see July 8, 2003 and July 8 or 9, 2003). The source says that Novak’s initial claim of being given Plame Wilson’s identity (see July 21, 2003) suggests, in Parry’s words, “Armitage and Rove were collaborating on the anti-Wilson operation, not simply operating on parallel tracks without knowing what the other was doing.” The source finds the media’s assumption that Armitage “inadvertently” let Plame Wilson’s identity slip out, almost as gossip, amusing, and inaccurate. “Armitage isn’t a gossip, but he is a leaker,” the source says. “There’s a difference.” [Consortium News, 1/17/2007]

Entity Tags: Karl C. Rove, George W. Bush, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Richard Armitage, Robert Parry, Washington Post, US Department of State, Valerie Plame Wilson, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

In a second day of testimony (see January 17, 2007), Attorney General Alberto Gonzales tells the Senate Judiciary Committee that the president has always had the inherent authority to bypass or ignore statutory law if he is acting in the interest of national security. Gonzales is referring to a recent Bush administration decision to use a sympathetic FISC judge to sign off on the warrantless wiretapping program (see January 17, 2007). “We commenced down this road five years ago because of a belief that we could not do what we felt was necessary to protect this country under FISA [the Foreign Intelligence Surveillance Act],” Gonzales testifies. “That is why the president relied upon his inherent authority under the Constitution. My own judgment is, the president has shown maturity and wisdom here in this particular decision. He recognizes that there is an inherent reservoir of inherent power that belongs to every president. You use it only when you have to. In this case, we don’t have to [anymore].” Yale law professor Jack Balkin strenuously disagrees. He points to a “remarkable similarity between the administration’s behavior in the Padilla case (see October 9, 2005 and December 21, 2005) and its behavior here.… Once again, the goal is to prevent a court from stating clearly that the president acted illegally and that his theories of executive power are self-serving hokum.” Instead of going to Congress for the authority to conduct a warrantless wiretapping program, Balkin writes that the administration used FISA’s supposed deficiencies “as an excuse to disregard the law, so that it could make claims of unbridled presidential authority to ignore FISA.” [Savage, 2007, pp. 207-208; Jack Balkin, 1/18/2007]

Entity Tags: Foreign Intelligence Surveillance Act, Alberto R. Gonzales, Bush administration (43), Senate Judiciary Committee, Jack Balkin, George W. Bush, Foreign Intelligence Surveillance Court

Timeline Tags: Civil Liberties

Robert Grenier.Robert Grenier. [Source: PBS]Former CIA official Robert Grenier testifies in the Lewis Libby perjury trial. He tells the jury that he received a telephone call from Libby on June 11, 2003, asking about the Niger trip made by former ambassador Joseph Wilson (see 2:00 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; CBS News, 1/25/2007; Associated Press, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Grenier was the CIA’s “Iraq Mission Manager,” a new position created by then-Director George Tenet. His job was to coordinate the CIA’s disparate efforts on Iraq. As part of his job, he often attended Deputies Committee meetings, where he met Libby. He worked on a regular basis with Libby as part of his position. [Marcy Wheeler, 1/24/2007]
Contradicts Libby's Claims - Grenier’s testimony directly contradicts Libby’s claim that he first learned of then-CIA official Valerie Plame Wilson’s identity from NBC bureau chief Tim Russert (see July 10 or 11, 2003). Grenier says he quickly surmised that Libby was attempting to compile information on Wilson in order to discredit him (see 4:30 p.m. June 10, 2003). Grenier testifies that he knew nothing of Wilson’s Niger trip before Libby’s request, and to his surprise at being contacted by Libby to discuss Wilson. “It was pretty clear he wanted answers,” Grenier says. “It was unusual for him to call in the first place.… He was serious.” Grenier testifies that after his first meeting with Libby, Libby pulled him out of a meeting with Tenet to find out more about Wilson. “Someone came to the door and beckoned me out,” Grenier recalls. “I don’t think I’ve ever been pulled out a meeting with the director before.” Grenier testifies that he spoke to someone in the CIA’s Counterproliferation Division (CPD), who informed him of the trip and of Plame Wilson’s CIA status. (At the time, Plame Wilson worked in CPD.) The CPD person did not say Plame Wilson’s name directly, but identified her as “Wilson’s wife.” Grenier told Libby that the CIA had sanctioned Wilson’s trip to Niger, and that Wilson’s wife was involved in the decision; Grenier says that the information seemed to please Libby (see 2:00 p.m. June 11, 2003). Grenier also testifies that Libby discussed the feasibility of leaking the information about Wilson and his wife to the press, and says that after talking with CIA press liaison Bill Harlow, he told Libby, “We can work something out.” Libby told Grenier that Vice President Dick Cheney’s communications director, Cathie Martin, would coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003); Libby had Martin speak with Harlow about the effort, a choice Grenier testifies he found “surprising.” He adds that when he read the newspaper column outing Plame Wilson (see July 14, 2003), he deduced that the information had come from someone in the White House. [ABC News, 1/24/2007; Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; Washington Post, 1/25/2007] Grenier testifies that after informing Libby of Plame Wilson’s CIA identity, he “felt guilty very briefly” about revealing personnel information that is usually closely held by the CIA. [USA Today, 1/24/2007] According to a transcript taken by court observer and progressive blogger Marcy Wheeler, Grenier says: “I didn’t know her name, so I didn’t give her name, but by saying Joe Wilson’s wife worked at the CIA, I was revealing the identity of a CIA officer. It wasn’t absolutely necessary, that is information that we guard pretty closely, and if we don’t have to say it, we don’t.” [Marcy Wheeler, 1/24/2007]
Attacking Grenier's Memory - But Grenier’s testimony differs somewhat from his earlier statements to the FBI and to Patrick Fitzgerald’s grand jury (see December 10, 2003). Grenier said in earlier statements that he wasn’t sure if Plame Wilson’s name had come up in the conversations with Libby. It was only later, he testifies, that he developed what he calls “a growing conviction” that he’d mentioned “Wilson’s wife” to Libby. An attorney for Libby, William Jeffress, sharply questions Grenier on the inconsistencies in his story, forcing the agent to admit at one point that “my recollection of a lot of conversations from that time are pretty vague.” Grenier stays with his current claims, saying that he’d been “conservative” when he first talked to investigators, not wanting to cast “suspicion on Mr. Libby” unnecessarily. [ABC News, 1/24/2007; Mother Jones, 1/25/2007; Washington Post, 1/25/2007] Grenier testifies that when talking to the FBI, he couldn’t be completely sure he had disclosed Plame Wilson’s identity to Libby (see December 10, 2003), but when testifying before the grand jury, he testified that he definitely had given Libby that information. Jeffress says, “You told the FBI that you did not discuss Valerie Wilson with Mr. Libby.” Grenier replies: “I told them I really didn’t recall clearly whether I had said so or not. I think there’s some confusion, frankly, in this report from the FBI.” Grenier continues: “My memory of what I said in that meeting, I believe that that I conveyed in that meeting, and I want to caution, it’s hard for me to parse out what I said in what meeting and what time, but what I believe I reported to the FBI initially was that in my conversation, my second conversation, with Mr. Libby on June 11, I couldn’t recall clearly whether I told him that Mr. Wilson’s wife was working in the unit that dispatched him to Niger. I may have, but I didn’t have a clear recollection.” Jeffress reminds Grenier that five weeks had passed between his FBI appearance and his testimony before the grand jury, and asks, “In those five weeks, you didn’t remember having told Mr. Libby about Mr. Wilson’s wife?” Grenier replies, “I did not remember.” Jeffress presses: “When you testified before the grand jury, did you tell the grand jury that you had no clear recollection of having told Mr. Libby anything about Mr. Wilson’s wife, although it is possible [you] may have done so?” Grenier replies that he had tried to give the most conservative answer. However, when he appeared before the grand jury a second time, in 2005 (see July 29, 2005), he was read his original testimony. He was startled, Grenier says. “I remembered it and thought that I had always remembered it,” he testifies. “I was saying what I believed to be true at the time and subsequently had a different recollection.” Jeffress asks: “Do you find that your memory gets better the farther away you are in time? Does your memory improve with time?” Grenier laughs and answers, “Not in all cases, no.” Grenier now states that he is sure he told Libby about Wilson’s wife being a CIA official, but is not sure he told Libby her name. [Marcy Wheeler, 1/24/2007; National Review, 1/25/2007; New York Times, 2/4/2007]
Refusing to Pin Blame on CIA - Grenier tells Jeffress that he is not entirely sure the FBI interviewer got his responses correct. According to Wheeler’s transcript, Grenier testifies: “I would like to state, I have the greatest respect for the FBI, but the FBI agent may not have gotten what I said exactly right. What is important is that my belief that the WH [White House] was throwing blame on the CIA—not for Wilson’s trip—but for not having provided proper warning to the WH on this issue of Iraq’s attempt to buy nukes.” Wheeler writes that in her estimation, Jeffress is attempting to blame the CIA for the Bush administration’s faulty and misleading claims about Iraq’s WMDs, an attempt in which Grenier refuses to participate. [Marcy Wheeler, 1/24/2007]

Entity Tags: Bush administration (43), Counterproliferation Division, Catherine (“Cathie”) Martin, George J. Tenet, Central Intelligence Agency, Joseph C. Wilson, Bill Harlow, Valerie Plame Wilson, William Jeffress, Marcy Wheeler, Robert Grenier, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Italian authorities investigating the kidnapping of radical imam Hassan Mustafa Osama Nasr (a.k.a. Abu Omar) seize half of a villa belonging to Robert Seldon Lady, a CIA substation chief involved in the abduction (see Noon February 17, 2003 and February 22-March 15, 2003). The half of the villa that belongs to Lady (the other half belongs to his wife) is to be held until the end of Lady’s trial for the kidnapping (see February 16, 2007). If Lady is convicted, it will be sold to pay for court costs and possibly damages. [Associated Press, 1/26/2007]

Entity Tags: Hassan Mustafa Osama Nasr, Robert Seldon Lady

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Journalist Ken Silverstein writes a piece about a CIA officer who is being considered for the position of station chief in Baghdad (see January-February 2007). According to Silverstein, who uses the pseudonym “James,” the officer is “the son of a well-known and controversial figure who served at the agency during its early years.” Silverstein also mentions the officer’s time managing Alec Station, the CIA’s bin Laden unit, problems with his management style (see June 1999), his closeness to former CIA Counterterrorist Center chief Cofer Black (see 1998 and After), his work as station chief in Kabul after 9/11 (see December 9, 2001), and his involvement in the rendition of Ibn al-Shaykh al-Libi (see Shortly After December 19, 2001). [Harper's, 1/28/2007] The officer, Richard Blee, will finally “out” himself in a joint statement issued with former CIA Director George Tenet and Black in August 2011 (see August 3, 2011).

Entity Tags: Richard Blee, Ken Silverstein

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohammed Jamal Khalifa, brother-in-law and former best friend of Osama bin Laden, is killed in Madagascar. Khalifa’s family claims that a large group of armed men broke into his house and killed him as he slept. His computer and laptop is stolen. Khalifa was living in Saudi Arabia but traded precious stones and was staying at a mine that he owns. His family says they do not believe he had been killed by locals. There is considerable evidence Khalifa was involved in funding al-Qaeda-connected plots in the Philippines and Yemen in the 1990s (see December 16, 1994-February 1995, December 16, 1994-May 1995, and 1996-1997 and After). Since that time, Khalifa has steadfastly denied any involvement in terrorism and has criticized bin Laden. CNN reporter Nic Robertson asks, “Was he killed by bin Laden’s associates for speaking out against the al-Qaeda leader or, equally feasibly, by an international intelligence agency settling an old score?” Just one week earlier, a Philippine newspaper published a posthumous 2006 interview with Khaddafy Janjalani, former leader of Abu Sayyaf, a Muslim militant group in the southern Philippines. In the interview, Janjalani claimed Abu Sayyaf received $122,000 from Khalifa and bomber Ramzi Yousef in the mid-1990s (see Early 1991). [CNN, 1/31/2007; Reuters, 2/1/2007] And four days before his murder, Interpol put out a bulletin about him, notifying a number of US intelligence agencies (see January 26, 2007). [Guardian, 3/2/2007] His murderers have not been found or charged.

Entity Tags: Mohammed Jamal Khalifa, Abu Sayyaf, Osama bin Laden, Khaddafy Janjalani

Timeline Tags: Complete 911 Timeline

Ali Reza Asgari.Ali Reza Asgari. [Source: FARS / Reuters]Iran’s former Deputy Minister of Defense, General Ali Reza Asgari, defects during a visit to Turkey. [Inter Press Service, 12/17/2007] According to former CIA officer Vincent Cannistraro, Asgari is a longtime Western intelligence agent, and is immediately debriefed by Turkish and US intelligence officials. Asgari will be given a new identity; his current whereabouts are unknown to the public. [Guardian, 12/8/2007]
History and Connections - Asgari held the Defense Ministry position from 1997 through 2005, under the regime of reformist Iranian President Mohammed Khatami, and, according to US media reports, was providing the US with intelligence during that time period. [Inter Press Service, 12/17/2007] He is a former intelligence officer in Iran’s Islamic Revolutionary Guard Corps (IRGC), and is believed to have considerable knowledge about several IRGC-ordered terrorist attacks, including the October 1983 bombing of a US Marine barracks in Lebanon (see April 18-October 23, 1983) and the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996). He has close ties to Lebanese terrorist group Hezbollah, and presumably can tell US intelligence about Hezbollah’s military command structure, its overseas networks, and perhaps its cells inside the US. [Time, 3/22/2007]
Source for National Intelligence Estimate - Former CIA officer Philip Giraldi says that Asgari is a “key” source for the intelligence community’s National Intelligence Estimate (NIE) on Iran’s nuclear program, currently in development (see August 2, 2005). Asgari’s information helps the intelligence community determine that Iran had ceased work on its nuclear program in 2003. According to Giraldi, Asgari had been recruited by Turkish intelligence in 2003, and defected after learning that Iranian intelligence had become suspicious of him. Asgari defects with “bags of documents,” presumably including information about Iran’s nuclear program. Asgari will provide information crucial to the US’s ability to monitor sensitive communications among senior Iranian military officials (see July 2007), which helps corroborate the finding that Iran had indeed ceased research into nuclear weapons development. Former National Security Council official Gary Sick will say that Asgari’s knowledge of the Iranian military is critical in determining what is and is not important among the communications intercepts. “There are zillions of pieces of evidence, and what you look for is defined by what you know,” Sick will say. “What Asgari gave them was a new way of looking at the evidence.” It is highly likely that President Bush will be made aware of Asgari’s information soon after Asgari’s debriefing, though the White House will claim that Bush knew nothing of the new intelligence on Iran until August 2007 (see December 3-4, 2007). [Inter Press Service, 12/17/2007]

Entity Tags: Vincent Cannistraro, Islamic Revolutionary Guard Corps, George W. Bush, Hezbollah, Ali-Reza Asgari, Central Intelligence Agency, Gary G. Sick, Hojjat ol-Eslam Seyyed Mohammad Khatami, Philip Giraldi

Timeline Tags: US confrontation with Iran

Hassan Mustafa Osama Nasr (a.k.a. Abu Omar) is released in Egypt. He was kidnapped by the CIA in Milan, Italy, in 2003 and taken to Egypt, where he was imprisoned. This sparked a confrontation between the CIA and Italian anti-terrorist authorities, who had been investigating him before he was kidnapped (see Noon February 17, 2003). Nasr, who filed an action for unlawful detention against Egypt’s Interior Ministry, is released in Alexandria after a State Security Court declares his detention “unfounded.” Nasr will apparently remain in Egypt and not return to Italy, where a warrant for his arrest was issued on terrorism counts (see April 2005). [Associated Press, 2/12/2007]

Entity Tags: Central Intelligence Agency, Hassan Mustafa Osama Nasr

Timeline Tags: Torture of US Captives, Complete 911 Timeline

New York Times reporter David Sanger, a veteran White House correspondent and the third reporter to testify for the defense in the Lewis Libby perjury and obstruction trial, testifies that he did not learn of CIA official Valerie Plame Wilson’s identity from Libby. He testifies that he spoke to Libby for a lengthy July 2003 Times article about intelligence matters, and for a number of articles about Vice President Dick Cheney, Libby’s former boss. Sanger says he only learned about Plame Wilson’s CIA status by reading the Robert Novak column (see July 14, 2003). [USA Today, 2/12/2007; Marcy Wheeler, 2/12/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Libby did reveal classified information to Sanger, though not about Plame Wilson (see July 2, 2003).

Entity Tags: Valerie Plame Wilson, David Sanger, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The International Committee of the Red Cross sends its report on the detention and torture of 14 detainees formerly in CIA custody (see October 6 - December 14, 2006) to the CIA’s acting general counsel, John Rizzo. The report is never intended to be made public, but it is documented in an article and subsequent book by Mark Danner (see March 15, 2009). [New York Review of Books, 3/15/2009]

Entity Tags: Central Intelligence Agency, Mark Danner, John Rizzo, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) [Marcy Wheeler, 2/8/2007; New York Times, 2/15/2007]
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” [Christy Hardin Smith, 2/15/2007] Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. [Salon, 2/15/2007] Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” [Marcy Wheeler, 2/8/2007]
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. [Christy Hardin Smith, 2/15/2007]

Entity Tags: Bush administration (43), American Thinker, Robert Cox, Scott Shane, Sheldon Snook, Arianna Huffington, New York Times, “Swopa”, “eRiposte”, National Review, Reggie B. Walton, Marcy Wheeler, Media Bloggers Association, FireDogLake, Gene Borio, Glenn Greenwald, Christy Hardin Smith, Jeralyn Merritt, Karl C. Rove, Lewis (“Scooter”) Libby, Jane Hamsher

Timeline Tags: Niger Uranium and Plame Outing

An Italian judge rules that there is enough evidence to try thirty-five people in the affair of kidnapped imam Hassan Mustafa Osama Nasr (a.k.a. Abu Omar). Nasr was kidnapped by the CIA, with the knowledge of the Italian military intelligence service Servizio per le Informazioni e la Sicurezza Militare (SISMI), in Milan in 2003 (see Noon February 17, 2003). Nasr, a former CIA asset (see August 27, 1995 and Shortly After), was then taken to Egypt, where he says he was tortured (see April-May 2004). The 26 Americans that are indicted can be tried in absentia in Italy and include Robert Seldon Lady, former chief of the CIA’s substation in Milan, the former CIA station chief in Rome, and an officer from the US air base in Aviano, near Venice. The nine Italians include former SISMI head Nicolo Pollari, but three of them are only charged with complicity in the kidnapping, not the kidnapping itself. However, none of the Americans are in Italy at this time, and Italy has not asked for them to be extradited. [Associated Press, 1/26/2007; CNN, 2/16/2007]

Entity Tags: Nicolo Pollari, Central Intelligence Agency, Robert Seldon Lady, Hassan Mustafa Osama Nasr, SISMI

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Victoria Toensing, a former deputy assistant attorney general in the Reagan administration, writes an op-ed for the Washington Post structured to imitate a legal indictment. Toensing asks if anyone can explain “why Scooter Libby is the only person on trial in the Valerie Plame [Wilson] leak investigation?” (The Washington Post, which publishes the op-ed, does not disclose Toensing’s own ties to Libby’s defense—see March 23, 2005. [Washington Post, 2/18/2007] Neither does it disclose the longtime personal relationship between Toensing, her husband Joseph DiGenova, and columnist Robert Novak, who outed Plame Wilson—see July 14, 2003. [Wilson, 2007, pp. 292] Neither does it disclose Toensing’s frequent criticisms of the investigation, including her position that the CIA and/or Joseph Wilson is responsible for outing Plame Wilson, and her belief that the entire trial is invalid (see November 2-9, 2005, November 3, 2005, November 7, 2005, and September 15, 2006).) Toensing dismisses the arguments laid out by special prosecutor Patrick Fitzgerald that Libby, the former chief of staff to Vice President Dick Cheney, lied to grand jurors (see March 5, 2004 and March 24, 2004) in order to keep secret a White House conspiracy to besmirch the reputation of White House critic Joseph Wilson (see July 6, 2003). Toensing calls the Libby indictment a “he said, she said” case based on conflicting testimony from other people. She proceeds to lay out her own “indictments”:
Patrick Fitzgerald - for “ignoring the fact that there was no basis for a criminal investigation from the day he was appointed,” for “handling some witnesses with kid gloves and banging on others with a mallet,” for “engaging in past contretemps with certain individuals that might have influenced his pursuit of their liberty, and with misleading the public in a news conference because… well, just because.” Toensing argues that Fitzgerald should have known from the outset that Plame Wilson was never a covert agent, and if he didn’t, he could have merely asked the CIA. Toensing writes, “The law prohibiting disclosure of a covert agent’s identity requires that the person have a foreign assignment at the time or have had one within five years of the disclosure, that the government be taking affirmative steps to conceal the government relationship, and for the discloser to have actual knowledge of the covert status.” Toensing is grossly in error about Plame Wilson’s covert status (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006). She also insinuates that Fitzgerald has two conflicts of interest: one in prosecuting Libby, as Fitzgerald investigated the Clinton-era pardon of financier Marc Rich, who was represented by Libby, and another in moving to jail reporter Judith Miller for refusing to provide evidence (see July 6, 2005) because Fitzgerald had subpoenaed Miller’s phone records for another, unrelated prosecution. Toensing questions Fitzgerald’s grant of immunity to former White House press secretary Ari Fleischer (see January 29, 2007), and complains that Fitzgerald allowed NBC News bureau chief Tim Russert to be interviewed with his lawyer present (see August 7, 2004), while columnist Robert Novak “was forced to testify before the grand jury without counsel present.” She concludes by accusing Fitzgerald of “violating prosecutorial ethics by discussing facts outside the indictment during his Oct. 28, 2005, news conference” (see October 28, 2005).
The CIA - “for making a boilerplate criminal referral to cover its derriere.” The Intelligence Identities Protection Act (IIPA), which Toensing helped negotiate in 1982, was never violated, she asserts, because Plame Wilson was never a covert agent. Instead of handling the issue internally, Toensing writes, the CIA passed the responsibility to the Justice Department by sending “a boiler-plate referral regarding a classified leak and not one addressing the elements of a covert officer’s disclosure.”
Joseph Wilson - for “misleading the public about how he was sent to Niger, about the thrust of his March 2003 oral report of that trip, and about his wife’s CIA status, perhaps for the purpose of getting book and movie contracts.” Toensing writes that Wilson appeared on Meet the Press the same day as his op-ed was published in the New York Times, and told host Andrea Mitchell, “The Office of the Vice President, I am absolutely convinced, received a very specific response to the question it asked and that response was based upon my trip there.” Toensing accepts Cheney’s denial of any involvement in Wilson’s trip and his denial that he was ever briefed on Wilson’s findings. Toensing argues that Wilson lied when he told other reporters that he was sent to Niger because of his “specific skill set” and his connections in the region (see February 21, 2002-March 4, 2002), and not because his wife sent him (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Toensing uses portions of the Senate Intelligence Committee report to bolster her claim (see June 11, 2003 and July 9, 2004). She also challenges Wilson’s assertions that his oral report on his trip was not classified (see March 4-5, 2002, (March 6, 2002), March 8, 2002, and March 5, 2002). And she accuses Wilson of “play[ing] coy” about his wife’s CIA status.
The Media - for “hypocrisy in asserting that criminal law was applicable to this ‘leak’ and with misreporting facts to wage a political attack on an increasingly unpopular White House.” Major newspapers have “highfalutin’, well-paid” lawyers who should have known better than to let their clients call for special investigations into the Plame Wilson leak. The media has consistently “display[ed] their prejudice in this case.”
Ari Fleischer - “because his testimony about conversations differs from reporters’ testimony, just as Libby’s does.” Fleischer testified under oath that he revealed Plame Wilson’s identity to two reporters, Time’s John Dickerson and NBC’s David Gregory (see 8:00 a.m. July 11, 2003). Dickerson denies it and Gregory refuses to comment. Fleischer testified he did not tell the Washington Post’s Walter Pincus about Plame Wilson’s identity, contradicting Pincus’s own testimony that Fleischer did, indeed, ask repeatedly about the Wilsons (see January 29, 2007 and February 12, 2007). Because Fleischer “contradicted Pincus as materially as Libby contradicted Russert or Time’s Matthew Cooper,” he should be indicted as well. Instead, Fitzgerald gave Fleischer immunity in return for his testimony (see February 13, 2004). In that case, Toensing argues, Fitzgerald should indict Pincus insamuch as his testimony differs from Fleischer’s.
Former Deputy Secretary of State Richard Armitage - for not publicly revealing that he was perhaps the first to leak Plame Wilson’s name to the press (see June 13, 2003 and July 8, 2003). Armitage also discussed his FBI interview with his then-subordinate, Marc Grossman, the night before Grossman was due to meet with FBI investigators (see June 10, 2003).
The US Justice Department - for “abdicating its legal and professional responsibility by passing the investigation off to a special counsel out of personal pique and reasons of ambition.” Both then-Attorney General John Ashcroft and his deputy, James Comey, could have asked the CIA to confirm Plame Wilson’s covert status, Toensing writes. She also insinuates that Comey acted improperly in giving the investigation to Fitzgerald, “a former colleague and one of his best friends.” [Washington Post, 2/18/2007]
Refutation - Toensing’s arguments are refuted by former CIA agent Larry Johnson, who accuses Toensing of attempted jury tampering (see February 18, 2007).

Entity Tags: John Dickerson, Valerie Plame Wilson, US Department of Justice, Victoria Toensing, Walter Pincus, John Ashcroft, David Gregory, Andrea Mitchell, Ari Fleischer, Central Intelligence Agency, Tim Russert, Senate Intelligence Committee, Washington Post, Richard Armitage, Larry C. Johnson, Lewis (“Scooter”) Libby, Judith Miller, Joseph C. Wilson, Joseph diGenova, James B. Comey Jr., Robert Novak, Matthew Cooper, Office of the Vice President, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Marc Rich, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

Entity Tags: Matthew Cooper, Peter Zeidenberg, Theodore Wells, Robert Novak, Valerie Plame Wilson, Tim Russert, Marc Grossman, Robert Grenier, Lewis (“Scooter”) Libby, Frederick Fleitz, Judith Miller, Bush administration (43), Bill Harlow, Ari Fleischer, Catherine (“Cathie”) Martin, Craig Schmall, David S. Addington, Joseph C. Wilson, Federal Bureau of Investigation, Deborah Bond, Karl C. Rove, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on.Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on. [Source: Art Lien / Court Artist (.com)]Defense lawyer Theodore Wells makes his team’s closing argument in the Lewis Libby perjury and obstruction trial. Wells is following a two-hour closing argument by assistant prosecutor Peter Zeidenberg (see 9:00 a.m. February 20, 2007). [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Indignation - Wells begins by saying he finds Zeidenberg’s arguments so incredible, he thinks he might be drunk. “[I]t sure sounded like I said a lot of things I could not deliver on,” he says. Court observer Marcy Wheeler, notating the arguments for the progressive blog FireDogLake, writes that while Zeidenberg came across as dispassionate and methodical, Wells’s tone is indignant and charged with emotion. In her book Fair Game, former CIA official Valerie Plame Wilson later describes Wells’s demeanor as “over the top, emotional… stalking the courtroom and changing the pitch and cadence of his voice like a seasoned Baptist preacher.” Wells says he will refrain from besmirching Zeidenberg’s character over some of the claims made in his argument, “because I don’t want to be personal.” Wells says that in the grand jury proceedings where Libby allegedly lied under oath (see March 5, 2004 and March 24, 2004), lawyers asked “the same question time after time after time,” causing Libby to stumble and misstate himself. [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Revives Claim of Libby Being 'Scapegoated' - Wells denies claiming the existence of a White House conspiracy to “scapegoat” Libby in his opening statement (see January 23, 2007), saying he instead merely put into evidence the so-called “meat grinder” note from Vice President Dick Cheney that asserted it would be unfair to protect White House official Karl Rove and sacrifice Libby (see October 4, 2003). (Wells is misstating the contents of the note; it does not mention Rove at all.) Instead of lying, Wells says, Libby was “fight[ing] to get clear,” fighting to save his credibility after White House officials “blew him off.”
'He Said, She Said' - Wells asserts Libby’s complete innocence of all the charges brought against him, and says the entire body of evidence amounts to nothing more than a case of “he said, she said,” indicating that witnesses contradicted and disputed one another. Libby’s recollections, Wells says, are different from those of the reporters who testified for the prosecution. None of the charges pertain to Libby’s conversations with the White House officials who testified for the prosecution. The question hinges on whether Libby lied about his conversations with reporters Judith Miller, Matthew Cooper, and Robert Novak. One of the charges, hinging on Libby’s statements about his conversation with Miller, is no longer in contention. Of the conversation with Cooper (see 2:24 p.m. July 12, 2003), Wells says Libby was truthful when he told Cooper he “didn’t know” whether Plame Wilson was a CIA official or not. The evidence supports Libby’s position, Wells says.
Tim Russert - Wells turns to NBC reporter Tim Russert, whom Libby claimed told him about Plame Wilson being a CIA official (see July 10 or 11, 2003). Russert either lied under oath, Wells says, or had a major memory lapse. Because of what Wells calls Russert’s contradictory testimony, that “in and of itself is reasonable doubt,” and grounds for acquittal. The prosecution is flatly wrong in its timeline of events. It is almost certain Russert read Robert Novak’s column naming Plame Wilson as a CIA official on July 11, 2003, after it was issued on the Associated Press wire (see July 11, 2003), and informed Libby of that fact during their conversation shortly thereafter. Perhaps Russert merely misremembered the dates or the events of his discussion with Libby, Wells says, but his testimony was wrong. “You cannot convict Mr. Libby solely on the word of this man,” he says. “It would just be fundamentally unfair.” [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007]
Presumed Innocent - Wells admonishes the jury not to forget that Libby is presumed innocent until proven guilty beyond a reasonable doubt. Libby didn’t testify (see February 13-14, 2007) because the defense is not required to prove the innocence of the accused. The only question, Wells states, is whether Libby is guilty beyond a reasonable doubt. Did the government prove that guilt beyond a reasonable doubt? Wells says no. He then ticks off the five counts of criminal behavior that Libby is charged with, and links each one of them to either Russert, Cooper, or both. In the instances of both reporters, Wells says, there is doubt as to their recollections and therefore doubt as to whether Libby lied about his conversations with them. Wells calls it “madness… that someone would get charged with this.” If Libby misstated himself, Wells says, he did so with good intentions, with a good-faith effort to tell the truth. There was no “deliberate, purposeful intent to lie.” Wells walks the jury through his version of events, which he says proves Libby told the truth to the best of his ability throughout. [Marcy Wheeler, 2/20/2007]
Jeffress - William Jeffress, another defense attorney, takes up the defense’s closing argument after lunch. Wheeler writes that his demeanor is far calmer and reasonable than Wells’s emotional presentation. Jeffress says that common sense alone should lead the jury to find that Libby either told the truth as he understood it or merely misremembered as an honest mistake. The case, he says, is about memory first and foremost. Libby may have misremembered, Jeffress says. The reporters who testified may have misremembered. It is plausible to think that Libby learned of Plame Wilson’s CIA status in June 2003, told some government officials, then in the crush of events, forgot about it until July, when he learned it again from Russert. Jeffress walks the jury through a timeline of how reporters learned of Plame Wilson’s identity from various government officials other than Libby, and says some of them, particularly former press secretary Ari Fleischer, may well have lied under oath to cover themselves (see January 29, 2007). Jeffress plays selections from Libby’s grand jury testimony to bolster his arguments about the various reporters learning of Plame Wilson’s identity from other officials.
Motive to Lie? - Libby had no motive to lie, Jeffress asserts. He was never charged with violating the statutes covering the exposure of a covert intelligence agent (see May 10, 2006). No one has testified that they knew without a doubt that Plame Wilson was covert, though the prosecution implied it more than once. If newspaper articles claimed that Plame Wilson was covert, those articles cannot be taken as factual; many articles and op-eds asserted that Plame Wilson was never covert. “It remains far from clear that a law was violated.” And Libby had no way to know that Plame Wilson was herself covert. No one, not Libby or any other government official who exposed Plame Wilson’s identity, lost their job over exposing her CIA status.
Judith Miller - Jeffress again turns to the issue of reporters’ credibility, beginning with Miller. Her testimony (see January 30-31, 2007) was, he says, marred with mistakes and failures of memory, even going so far as testifying, when she spoke to the grand jury, that she had not learned of Plame Wilson’s CIA status from Libby (see September 30, 2005), and then reversing that claim in subsequent testimony (see October 12, 2005). “Pretty amazing, a person testifying about this after not remembering for two years,” Jeffress observes. As Libby kept no notes of his conversations with Miller, he has only his word to refute her claims. Miller, Jeffress says, is an unreliable witness.
Matthew Cooper - Jeffress, who is running out of time for his portion of the close, turns to Cooper. The difference between Libby’s recollection of events and Cooper’s is, Jeffress asserts, the difference that the government wants the jury to convict on three separate charges. Yet Cooper never wrote about Plame Wilson until after her status was made public. Libby did not serve as a source for his reporting (see July 17, 2003). And as with Miller, Cooper’s testimony proved his failure to keep accurate notes (see January 31, 2007).
Cathie Martin - Jeffress moves quickly to address the testimony of Cathie Martin, then a communications aide to Cheney (see January 25-29, 2007). Martin testified that Libby’s version of his telephone conversation with Cooper was incorrect, and as she was there for the conversation, her testimony is accurate. However, Martin misremembered the number of calls made (two, not one) and did not hear Libby’s side of the conversation accurately. She had no way to know what Cooper was saying on the other end.
Jeffress Concludes - Jeffress concludes by telling the jurors that they are the first people to examine the case “through the lens of a presumption of innocence.” The prosecution, he says, has not proven the charges beyond a reasonable doubt. “It’s not even close.” [Marcy Wheeler, 2/20/2007]
Wells Continues - Theodore Wells once again addresses the jury. He has less than an hour to finish. He refers back to the “meat grinder” note from Cheney that proves, Wells says, Libby did not leak classified information (see June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, and Late Afternoon, July 12, 2003). Wells also revisits his claim that Libby was “left out to dry” by other White House officials. He disputes the timeline of events from the prosecution, again attacks the credibility of prosecution witnesses such as Russert and Fleischer, and calls the prosecution’s evidence “circumstantial” and unconvincing. He even disputes that Libby was involved in any effort to discredit Joseph Wilson, or that there even was an effort among White House officials to do so. As he reaches the end of his time, Wells’s demeanor once again begins to exhibit agitation and indignation, and he calls the idea that Libby, whom he says devoted himself to serving the Bush administration, committed a crime in that service “outrageous.” He revisits the contention that Libby’s memory was faulty and failed him at inopportune times, calls the courtroom a “laboratory of recollection,” and asks the jurors if they can emphathize with Libby’s forgetfulness. He reminds the jury of former Cheney aide John Hannah’s claims to that effect, and his testimony to Libby’s stressful job (see February 13, 2007). Libby, Wells says, deserves the “benefit of the doubt.” Wells admits that Libby “made mistakes” in his grand jury testimony, but those mistakes were honest “misrecollect[ions].” During his final minutes, Wells becomes emotional, breaking into tears and imploring the jurors not to sacrifice Libby because they might disapprove of the Bush administration or the war in Iraq. “This is a man with a wife and two children,” he says. “He is a good person. He’s been under my protection for the past month. I give him to you. Give him back! Give him back to me!” Wells sits down, sobbing. [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007; Washington Post, 2/21/2007; New York Sun, 2/21/2007]

Entity Tags: Lewis (“Scooter”) Libby, Ari Fleischer, Marcy Wheeler, Catherine (“Cathie”) Martin, Judith Miller, John Hannah, William Jeffress, Karl C. Rove, Tim Russert, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak, Theodore Wells, Peter Zeidenberg, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Craig Unger.Craig Unger. [Source: David Shankbone/Public Domain]Author and journalist Craig Unger writes that the 1996 Institute for Advanced Strategic and Political Studies policy paper, “A Clean Break: A New Strategy for Securing the Realm” (see July 8, 1996), was “the kernel of a breathtakingly radical vision for a new Middle East. By waging wars against Iraq, Syria, and Lebanon, the paper asserted, Israel and the US could stabilize the region. Later, the neoconservatives argued that this policy could democratize the Middle East.” Unger’s thoughts are echoed by neoconservative Meyrav Wurmser, an Israeli-American policy expert who co-signed the paper with her husband, David Wurmser, now a top Middle East adviser to Vice President Dick Cheney. Mrs. Wurmser (see March 2007) calls the policy paper “the seeds of a new vision.” While many of the paper’s authors eventually became powerful advisers and officials within the Bush administration, and implemented the policies advocated in the paper in the invasion and occupation of Iraq, the paper’s focus on Iran has been somewhat less noticed. Former Israeli prime minister Benjamin Netanyahu, for whom the paper was written, has observed, “The most dangerous of these regimes [Iran, Syria, and Iraq] is Iran.” Unger writes, “Ten years later, ‘A Clean Break’ looks like nothing less than a playbook for US-Israeli foreign policy during the Bush-Cheney era. Many of the initiatives outlined in the paper have been implemented—removing Saddam [Hussein] from power, setting aside the ‘land for peace’ formula to resolve the Israeli-Palestinian conflict, attacking Hezbollah in Lebanon—all with disastrous results.” [Vanity Fair, 3/2007]

Entity Tags: Richard (“Dick”) Cheney, David Wurmser, Craig Unger, Saddam Hussein, Bush administration (43), Hezbollah, Meyrav Wurmser, Benjamin Netanyahu, Institute for Advanced Strategic and Political Studies

Timeline Tags: Events Leading to Iraq Invasion, US International Relations, Iraq under US Occupation, Neoconservative Influence

Wall Street Journal columnist James Taranto joins his conservative colleagues at the National Review in calling the Lewis Libby trial verdict (see March 6, 2007) a “travesty” (see March 6, 2007 and March 6, 2007). Libby should never have been prosecuted at all, Taranto writes, and calls the courtroom proceedings a “show trial” that will allow “partisans of [war critic] Joseph Wilson [to] use the guilty verdict to declare vindication” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Like the National Review writers, Taranto insists that the trial proved Libby’s innocence, not his guilt; proved that Wilson, not the White House, lied about Iraqi WMDs (see February 21, 2002-March 4, 2002, Mid-January 2003, 9:01 pm January 28, 2003, and July 6, 2003); proved that Valerie Plame Wilson was not a covert agent for the CIA (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006); and proved that no one from the White House leaked Plame Wilson’s identity to columnist Robert Novak (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, July 8, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003). The entire case against Libby was “a tissue of lies,” Taranto argues. No one committed any crimes, he continues, and calls special counsel Patrick Fitzgerald “an overzealous prosecutor, one who was more interested in getting a scalp than in getting to the truth of the matter.” Libby could have avoided being prosecuted and convicted merely by refusing to “remember” anything under questioning, Taranto says, and concludes, “Therein lies a lesson for witnesses in future such investigations—which may make it harder for prosecutors to do their jobs when pursuing actual crimes.” [Wall Street Journal, 3/6/2007]

Entity Tags: Joseph C. Wilson, James Taranto, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The New York Times editorial board publishes an op-ed about the conviction of former White House official Lewis Libby (see March 6, 2007). The Times writes that Libby, at one time one of the most senior officials in the White House, “was caught lying to the FBI. He appears to have been trying to cover up a smear campaign that was orchestrated by his boss against the first person to unmask one of the many untruths that President Bush used to justify invading Iraq. He was charged with those crimes, defended by the best lawyers he could get, tried in an open courtroom, and convicted of serious felonies.” The Times says the verdict is a “reminder of how precious the American judicial system is, at a time when it is under serious attack from the same administration Mr. Libby served. That administration is systematically denying the right of counsel, the right to evidence, and even the right to be tried to scores of prisoners who may have committed no crimes at all.” The Times also notes that the trial gave an important glimpse into “the methodical way that [Vice President Dick] Cheney, Mr. Libby, [White House political strategist] Karl Rove, and others in the Bush inner circle set out to discredit Ms. Wilson’s husband, Joseph Wilson IV. Mr. Wilson, a career diplomat, [who] was sent by the State Department in 2002 [later corrected by the Times to acknowledge that the CIA sent Wilson] to check out a British intelligence report that Iraq had tried to buy uranium from the government of Niger for a secret nuclear weapons program.” Wilson’s exposure of the Bush administration’s false claims that Iraq had tried to buy Nigerien uranium (see Mid-January 2003 and 9:01 pm January 28, 2003) led to a Cheney-led “smear campaign” against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006) which led to the exposure of his wife, Valerie Plame Wilson, as a covert CIA official (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The Times writes: “That is what we know from the Libby trial, and it is some of the clearest evidence yet that this administration did not get duped by faulty intelligence; at the very least, it cherry-picked and hyped intelligence to justify the war.… What we still do not know is whether a government official used Ms. Wilson’s name despite knowing that she worked undercover. That is a serious offense, which could have put her and all those who had worked with her in danger.” While the Times decries special counsel Patrick Fitzgerald jailing a former Times reporter, Judith Miller, for refusing to reveal Libby as her confidential source (see July 6, 2005), “it was still a breath of fresh air to see someone in this administration, which specializes in secrecy, prevarication, and evading blame, finally called to account.” [New York Times, 3/7/2007]

Entity Tags: Judith Miller, Bush administration (43), Federal Bureau of Investigation, Joseph C. Wilson, Valerie Plame Wilson, Patrick J. Fitzgerald, Karl C. Rove, George W. Bush, New York Times, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Judge Marcia Cooke.Judge Marcia Cooke. [Source: Daily Business Review]Federal prosecutors in the Jose Padilla case (see May 8, 2002) say that a video of Padilla’s final interrogation, on March 2, 2004, is inexplicably missing. The video was not part of a packet of DVDs containing classified material turned over to the court handling the Padilla case. Padilla’s lawyers believe that the missing videotape may show Padilla being subjected to “harsh” interrogation techniques that may qualify as torture, and wonder if other potentially exculpatory recordings and documentation of Padilla’s interrogations have also been lost. Padilla’s lawyers say something happened during that last interrogation session on March 2, 2004, at the Navy brig in Charleston, South Carolina, that led Padilla to believe that the lawyers are actually government agents. Padilla no longer trusts them, the lawyers say, and they want to know what happened. Prosecutors say that they cannot find the tape despite an intensive search. “I don’t know what happened to it,” Pentagon attorney James Schmidli said during a recent court hearing. US District Court Judge Marcia Cooke finds the government’s claim hard to believe. “Do you understand how it might be difficult for me to understand that a tape related to this particular individual just got mislaid?” Cooke told prosecutors at a hearing last month. Padilla, a US citizen, is scheduled to stand trial in April. Padilla’s lawyers want the brig tapes, medical records, and other documentation to prove their claims that Padilla suffers intense post-traumatic stress syndrome from his long isolation and repeated interrogations, though Cooke has ruled that Padilla is competent to stand trial. They believe that he was mistreated and possibly tortured in the Naval brig before being transferred to civilian custody. This missing DVD may not be the only one because brig logs indicate that there were approximately 72 hours of interrogations that either were not recorded, or whose recordings were never disclosed. Prosecutors claim some interrogations were not recorded, but defense lawyers question that, pointing out that there are even videos of Padilla taking showers. [Newsweek, 2/28/2007; Associated Press, 3/9/2007] Statements by then-Deputy Attorney General James Comey in June 2004 indirectly support the defense’s claim that Padilla was subjected to harsh interrogation tactics (see June 2004). Other videotapes that may pertain to the Padilla case have been destroyed by the CIA (see November 22, 2005). Former civil rights litigator Glenn Greenwald writes, “[I]f the administration’s patently unbelievable claim were true—namely, that it did ‘lose’ the video of its interrogation of this Extremely Dangerous International Terrorist—that would, by itself, evidence a reckless ineptitude with American national security so grave that it ought to be a scandal by itself. But the likelihood that the key interrogation video with regard to Padilla’s torture claims was simply ‘lost’ is virtually non-existent. Destruction of relevant evidence in any litigation is grounds for dismissal of the case (or defense) of the party engaged in that behavior. But where, as here, the issues extend far beyond the singular proceeding itself—we are talking about claims by a US citizen that he was tortured by his own government—destruction of evidence of this sort would be obstruction of justice of the most serious magnitude.” [Salon, 3/10/2007]

Entity Tags: Anthony Natale, US Department of Justice, US Department of Defense, Marcia Cooke, Jose Padilla, Al-Qaeda, Glenn Greenwald, James B. Comey Jr., James Schmidli

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

Majid Khan.Majid Khan. [Source: Associated Press]At hearings in Guantanamo Bay in spring 2007 to determine whether they are “enemy combatants” (see March 9-April 28, 2007), several alleged top al-Qaeda leaders complain of being tortured in US custody:
bullet Alleged al-Qaeda logistics manager Abu Zubaida says he is ill in Guantanamo Bay and has had around 40 seizures that temporarily affect his ability to speak and write properly, as well as his memory; apparently they are originally the result of a 1992 injury from which he still has shrapnel in his head. He says that the seizures are brought on by broken promises to return his diary, which he describes as “another form of torture,” as he is emotionally attached to it. He also says he was tortured after being captured (see Mid-May 2002 and After), when he was “half die”, due to a gunshot wound received when he was taken, and that he lied under torture. However, the passage in which he describes his treatment at this time is redacted. He has many other injuries, has lost a testicle, and also complains the Guantanamo authorities refuse to give him socks for his cold feet. He has to use his prayer hat to keep his feet warm and does so during the hearing. [US Department of Defense, 3/27/2007 pdf file]
bullet 9/11 mastermind Khalid Shaikh Mohammed remarks that, “I know American people are torturing us from seventies.” However, the next section of the transcript is redacted. He also says his children were abused in US custody. [US Department of Defense, 3/10/2007 pdf file]
bullet Alleged travel facilitator Majid Khan submits a 12-page “written statement of torture.” Khan’s father also gives an account of the torture he says his son was subjected to: he was tied tightly to a chair in stress positions; hooded, which caused him difficulty breathing; beaten repeatedly; deprived of sleep; and kept in a mosquito-infested cell too small for him to lie down in. His father also says Khalid Shaikh Mohammed’s children, aged about 6 and 8, were held in the same building and were tortured by having insects placed on their legs to make them disclose their father’s location. [US department of Defense, 4/15/2007 pdf file]
bullet Alleged al-Qaeda manager Abd al-Rahim al-Nashiri says he was tortured into confessing the details of plots he invented. He claims that “he was tortured into confession and once he made a confession his captors were happy and they stopped torturing him… [and] he made up stories during the torture in order to get it to stop.” Many of the details of the torture are redacted, but he says in one unredacted comment, “One time they tortured me one way and another time they tortured me in a different way.” [US department of Defense, 3/14/2007 pdf file]
Eugene Fidell, president of the National Institute of Military Justice, says that the claims of torture could undermine the legitimacy of future military commissions: “Someone has got to get to the bottom of these allegations… If there is something there, they are going to need to address it.” The Pentagon promises to investigate the allegations, but Amnesty International comments, “Given the Bush administration record so far on these matters, it strains credulity that any such investigation would be anything other than substandard, or [that] those responsible would be held accountable.” [Los Angeles Times, 3/31/2007]

Entity Tags: National Institute of Military Justice, Majid Khan, Khalid Shaikh Mohammed, Abu Zubaida, Amnesty International, Abd al-Rahim al-Nashiri, Eugene R. Fidell

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

Silvestre Reyes.Silvestre Reyes. [Source: US House of Representatives]In response to a question asked at a briefing, CIA Director Michael Hayden makes an “offhand comment” to the House Intelligence Committee indicating that tapes the CIA has made of detainee interrogations have been destroyed (see Spring-Late 2002). Although some committee members have been aware of the tapes’ existence since 2003 (see February 2003), this is apparently the first time they learn of their destruction, which occurred over year ago (see November 2005). The destruction is again “briefly mentioned” in a letter to a member of the committee in mid-April. Leading committee members Silvestre Reyes and Peter Hoekstra will later write to Hayden, “We do not consider this to be sufficient notification. Moreover, these brief mentions were certainly not contemporaneous with the decision to destroy the videotapes.” [US Congress, 12/7/2007] The Senate Intelligence Committee is apparently not informed until later (see December 7, 2007).

Entity Tags: Michael Hayden, Peter Hoekstra, Central Intelligence Agency, House Intelligence Committee, Silvestre Reyes

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

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

Valerie Plame Wilson testifies before the House Oversight Committee.Valerie Plame Wilson testifies before the House Oversight Committee. [Source: Life]The House Oversight Committee holds a hearing about the ramifications of the Lewis Libby guilty verdict (see March 6, 2007) and the outing of former covert CIA agent Valerie Plame Wilson (see July 14, 2003). Plame Wilson is the star witness, and for the first time publicly discusses the leak and her former status as a covert agent. As earlier revealed by authors Michael Isikoff and David Corn in their book Hubris, Plame Wilson was the covert operations chief for the Joint Task Force on Iraq (JTFI), a section of the CIA’s Counterproliferation Division (CPD), which itself is part of the agency’s clandestine operations directorate. Indeed, as Libby special prosecutor Patrick Fitzgerald has already stated, the fact of her employment with the CIA was itself classified information (see October 28, 2005). [Wilson, 2007, pp. 299; Think Progress, 3/16/2007; Nation, 3/19/2007]
Republican Attempts to Close Hearing Fail - Tom Davis (R-VA), the committee’s ranking Republican, attempts to close Plame Wilson’s testimony to the public on the grounds that her statements might threaten national security. “It would be with great reluctance, but we have to protect confidential information,” he says. Politico reporter John Bresnahan describes Davis as “clearly unhappy that the hearing is taking place at all, so his threat has to be viewed in that context.” Davis goes on to say: “We are mining something that has been thoroughly looked into. There are so many other areas where [Congressional] oversight needs to be conducted instead of the Plame thing.” The hearing will remain open to the public. [Politico, 3/14/2007]
Pre-Testimony Jitters - In her book Fair Game, Plame Wilson recalls the jitters she experiences in the hours leading up to her appearance before the committee. She had tried, in the days before the hearing, “to think of every possible question the committee could throw at me.… I had to be sharp to avoid giving any information that the CIA would deem sensitive or classified. It was a minefield.” She is relieved to learn that CIA Director Michael Hayden has met with committee staffers and, she will write, “explicitly approved the use of the term ‘covert’ in describing my cover status.” She will write that though she still cannot confirm the length of her service with the CIA, she can “at least counter those who had suggested over the last few years that I was no more than a ‘glorified secretary’” (see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). [Wilson, 2007, pp. 299]
CIA Confirmed Plame Wilson's Covert Status - Before Plame Wilson testifies, committee chairman Henry Waxman (D-CA) reads a statement saying that she had been a “covert” officer” who had “served at various times overseas” and “worked on the prevention of the development and use of weapons of mass destruction against the United States.” Waxman notes that the CIA had cleared this statement. And during subsequent questioning, committee member Elijah Cummings (D-MD) reports that Hayden had told him, “Ms. Wilson was covert.” [Nation, 3/16/2007; Think Progress, 3/16/2007; FireDogLake, 3/16/2007; Christy Hardin Smith, 3/16/2007]
Confirms Her Status in CPD - Plame Wilson testifies that she is still bound by secrecy oaths and cannot reveal many of the specifics of her CIA career. However, she testifies, “I served the United States of America loyally and to the best of my ability as a covert operations officer for the Central Intelligence Agency.” She says, “In the run-up to the war with Iraq, I worked in the Counterproliferation Division of the CIA, still as a covert officer whose affiliation with the CIA was classified.” She also notes that she helped to “manage and run secret worldwide operations.” Prior to the Iraq war, she testifies, she had “raced to discover intelligence” on Iraq’s weapons of mass destruction. “While I helped to manage and run secret worldwide operations against this WMD target from CIA headquarters in Washington, I also traveled to foreign countries on secret missions to find vital intelligence.” Those trips had occurred within the last five years, she says, contradicting arguments that she had not functioned as a covert agent within the last five years and therefore those who revealed her identity could not be held legally accountable (see February 18, 2007). “Covert operations officers, when they rotate back for temporary assignment in Washington, are still covert,” she says. Furthermore, far from her identity as a CIA agent being “common knowledge on the Georgetown cocktail circuit,” as some have alleged (see September 30, 2003, July 12, 2004, and March 16, 2007), she testifies that she can “count on one hand” the number of people outside the agency who knew of her CIA status before her outing by White House officials. “But, all of my efforts on behalf of the national security of the United States, all of my training, and all of the value of my years service were abruptly ended when my name and identity were exposed irresponsibly.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007; Mother Jones, 3/16/2007] During this portion of testimony, Davis repeats an assertion that neither President Bush nor Vice President Dick Cheney were aware of Plame Wilson’s covert status during the time of her exposure. [FireDogLake, 3/16/2007]
'They Should Have Been Diligent in Protecting Me and Other CIA Officers' - Plame Wilson testifies that, as the Libby trial progressed, she was “shocked and dismayed by the evidence that emerged. My name and identity were carelessly and recklessly abused by senior government officials in both the White House and the State Department. All of them understood that I worked for the CIA, and having signed oaths to protect national security secrets, they should have been diligent in protecting me and every CIA officer.” Many agents in CPD are covert, she says, and thusly, officials such as Cheney and Libby, who knew she worked in that division, should have been careful in spreading information about her.
'Grave' Damage to National Security - Plame Wilson says she cannot be specific about what kind of damage was done by her identity being revealed (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006); the CIA did perform a damage assessment, but did not share the results with her, and that assessment is classified (see Before September 16, 2003). “But the concept is obvious,” she says. “Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents who in turn risked their own lives and those of their families—to provide the United States with needed intelligence. Lives are literally at stake. Every single one of my former CIA colleagues, from my fellow covert officers, to analysts, to technical operations officers, to even the secretaries, understands the vulnerability of our officers and recognizes that the travesty of what happened to me, could happen to them. We in the CIA always know that we might be exposed and threatened by foreign enemies. It was a terrible irony that administration officials were the ones who destroyed my cover… for purely political motives.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007] She refuses to speculate as to the intentions of White House deputy chief of staff Karl Rove in exposing her identity (see July 10, 2005). [FireDogLake, 3/16/2007]
Politicization of Intelligence Dangerous, Counterproductive - Plame Wilson decries the increasingly partisan politicization of intelligence gathering and presentation under the Bush regime, saying: “The tradecraft of intelligence is not a product of speculation. I feel passionately as an intelligence professional about the creeping, insidious politicizing of our intelligence process. All intelligence professionals are dedicated to the ideal that they would rather be fired on the spot than distort the facts to fit a political view—any political view—or any ideology.… [I]njecting partisanship or ideology into the equation makes effective and accurate intelligence that much more difficult to develop. Politics and ideology must be stripped completely from our intelligence services, or the consequences will be even more severe than they have been and our country placed in even greater danger. It is imperative for any president to be able to make decisions based on intelligence that is unbiased.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007]
No Role in Deciding to Send Husband to Niger - Plame Wilson discusses the persistent rumors that she dispatched her husband, former ambassador Joseph Wilson, to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). Such rumors imply that Wilson was unqualified for the mission, and was sent by his wife for reasons having to do with partisan politics and nepotism (see July 9, 2004). Plame Wilson testifies that she had no authority to send her husband anywhere under CIA auspices, that it was a co-worker’s suggestion, not hers, to send her husband (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), and that her participation was limited to writing a note outlining her husband’s qualifications for such a fact-finding mission (see Fall 1999 and February 13, 2002). She testifies that a colleague had been misquoted in an earlier Senate Intelligence Committee report in saying that she proposed her husband for the trip, and that this colleague was not permitted to correct the record. [FireDogLake, 3/16/2007; Nation, 3/16/2007; Nation, 3/19/2007]
Further Investigation Warranted - After Plame Wilson concludes her testimony, Waxman declares: “We need an investigation. This is not about Scooter Libby and not just about Valerie Plame Wilson.” Journalist David Corn concurs: “Waxman was right in that the Libby trial did not answer all the questions about the leak affair, especially those about the roles of Bush administration officials other than Libby. How did Cheney learn of Valerie Wilson’s employment at the Counterproliferation Division and what did he do with that information? How did Karl Rove learn of her CIA connection? How did Rove manage to keep his job after the White House declared anyone involved in the leak would be fired?… What did Bush know about Cheney’s and Rove’s actions? What did Bush do in response to the disclosure that Rove had leaked and had falsely claimed to White House press secretary Scott McClellan that he wasn’t involved in the leak?” Republican committee members are less sanguine about the prospect of such an investigation, with Davis noting that special prosecutor Patrick Fitzgerald had already conducted an investigation of the leak. Corn writes: “Not all wrongdoing in Washington is criminal. Valerie Wilson’s presence at the hearing was a reminder that White House officials (beyond Libby) engaged in improper conduct (which possibly threatened national security) and lied about it—while their comrades in the commentariat spinned away to distort the public debate.” [Nation, 3/16/2007; Nation, 3/19/2007]

Entity Tags: Central Intelligence Agency, House Committee on Oversight and Government Reform, Joint Task Force on Iraq, David Corn, George W. Bush, Henry A. Waxman, Elijah Cummings, Valerie Plame Wilson, Counterproliferation Division, Scott McClellan, Lewis (“Scooter”) Libby, Karl C. Rove, Tom Davis, Michael Hayden, Joseph C. Wilson, John Bresnahan, Richard (“Dick”) Cheney, Michael Isikoff, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Entity Tags: Military Commissions Act, American Civil Liberties Union

Timeline Tags: Civil Liberties

Former CIA manager Michael Scheuer, who ran the agency’s “rendition” program that sent suspected terrorists to foreign nations to be interrogated for information in the late 1990s (see Summer 1995 and 1997), says during a House Foreign Affairs Committee hearing that the assurances of Arab nations such as Egypt and Syria that a suspect will not be tortured are not “worth a bucket of warm spit.” Scheuer tells the assembled lawmakers that he knows of at least three mistakes that the CIA has made in its overseas rendition program, including the capture and subsequent torture of Canadian citizen Maher Arar (see September 26, 2002 and October 10, 2002-October 20, 2002). [Savage, 2007, pp. 149-150; US Congress, 4/17/2007 pdf file]

Entity Tags: Central Intelligence Agency, Alec Station, Maher Arar, Michael Scheuer, House Foreign Affairs Committee

Timeline Tags: Torture of US Captives

Eric Lichtblau.Eric Lichtblau. [Source: PBS]Jack Goldsmith, the former head of the Justice Department’s Office of Legal Counsel (see October 6, 2003 and June 17, 2004), is subpoenaed to testify in the Justice Department’s investigation of the leaks that resulted in the New York Times’s dramatic disclosure of the NSA domestic wiretapping program (see December 15, 2005). Goldsmith had spoken to one of the two Times reporters, Eric Lichtblau, in October 2004, three months after his resignation from the OLC, but lied to Lichtblau, saying he knew nothing of the program. He immediately alerted his former boss, Deputy Attorney General James Comey, of the interview.
'Stunned' By Subpoena - In his September 2007 book The Terror Presidency, Goldsmith will recall being “stunned” at the subpoena, though the two FBI agents who give him the subpoena—in public—say that they don’t suspect him as the source of the leak. Goldsmith later recalls, “What angered me most about the subpoena I received on that wet day in Cambridge was not the expense of lawyers or a possible perjury trap, but rather the fact that it was Alberto Gonzales’s Justice Department that had issued it. As [the two FBI agents] knew, I had spent hundreds of very difficult hours at OLC, in the face of extraordinary White House resistance, trying to clean up the legal mess that then-White House Counsel Gonzales, David Addington, John Yoo, and others had created in designing the foundations of the Terrorist Surveillance Program. It seemed rich beyond my comprehension for a Gonzales-led Department of Justice to be pursuing me for possibly illegal actions in connection with the Terrorist Surveillance Program….”
Supported Surveillance of Terrorism - Goldsmith will continue, “I was not opposed to the leak investigation itself or to vigorous surveillance of terrorists. I agreed with President Bush that the revelations by [James] Risen and Lichtblau had alerted our enemies, put our citizens at risk, and done ‘great harm’ to the nation. I hoped the FBI would find and punish the leakers, and I had spent many hours trying to help them do so. I also shared many of the White House’s concerns with the Foreign Intelligence Surveillance Act (FISA), the 1978 domestic wiretapping law that required executive officers, on pain of jail, to get a court warrant before wiretapping suspected enemies in the United States. We were at war with terrorists who were armed with disposable cell phones and encrypted e-mails buried in a global multibillion-communications-per-day system. It seemed crazy to require the commander in chief and his subordinates to get a judge’s permission to listen to each communication under a legal regime that was designed before technological revolutions brought us high-speed fiber-optic networks, the public Internet, e-mail, and ten-dollar cell phones. But I deplored the way the White House went about fixing the problem. ‘We’re one bomb away from getting rid of that obnoxious [FISA] court,’ Addington had told me in his typically sarcastic style during a tense White House meeting in February of 2004 (see February 2004). The vice president’s counsel, who was the chief legal architect of the Terrorist Surveillance Program, was singing the White House tune on FISA. He and the vice president had abhorred FISA’s intrusion on presidential power ever since its enactment in 1978. After 9/11 they and other top officials in the administration dealt with FISA the way they dealt with other laws they didn’t like: They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations. My first experience of this strict control, in fact, had come in a 2003 meeting when Addington angrily denied the NSA inspector general’s request to see a copy of OLC’s legal analysis in support of the Terrorist Surveillance Program. Before I arrived in OLC, not even NSA lawyers were allowed to see the Justice Department’s legal analysis of what NSA was doing.”
Difficult to Justify Legally - Goldsmith will write of the difficulties he found in finding legal justifications for the program. “I first encountered the program in 2003-2004, long after it had been integrated into the post-9/11 counterterrorism architecture. Putting it legally aright at that point, without destroying some of the government’s most important counterterrorism tools, was by far the hardest challenge I faced in government. And the whole ordeal could have been avoided.…In 2004, I and others in the Department of Justice had begun the process of working with the FISA court to give the commander in chief much more flexibility in tracking terrorists. From the beginning the administration could have taken these and other steps to ramp up terrorist surveillance in indisputably lawful ways that would have minimized the likelihood of a devastating national security leak. But only if it had been willing to work with the FISA court or Congress. The White House had found it much easier to go it alone, in secret.” [Slate, 9/10/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, New York Times, Terrorist Surveillance Program, John C. Yoo, Office of Legal Counsel (DOJ), James B. Comey Jr., Eric Lichtblau, David S. Addington, Alberto R. Gonzales, James Risen, Jack Goldsmith, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, George W. Bush

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Fahad al-Quso

Timeline Tags: Complete 911 Timeline

May 14, 2007: Padilla Trial Begins

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

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

Timeline Tags: Torture of US Captives

Former Deputy Attorney General James Comey delivers dramatic testimony before the Senate Judiciary Committee about the March 2004 attempts by then-White House counsel Alberto Gonzales and then-White House chief of staff Andrew Card to pressure a seriously ill John Ashcroft, then the attorney general, to certify the legality of the Bush/NSA domestic wiretapping program (see March 10-12, 2004, Early 2002). Comey testifies that even though he, who at the time has the full authority of the attorney general during Ashcroft’s illness, and Ashcroft both refused to authorize the program due to their belief that the program is illegal, President Bush will certify the program anyway. Only a threatened mass resignation by Ashcroft, Comey, FBI director Robert Mueller, and other senior officials will persuade Bush, weeks later, to make changes in the program that bring it somewhat closer to operating within the law. [Think Progress, 5/15/2007; Washington Post, 5/16/2007]
Bush Sent Gonzales, Card to Ashcroft's Hospital Room, Comey Believes - Comey says that while he cannot be certain, he believes Gonzales and Card went to Ashcroft’s hospital room on orders from President Bush: “I have some recollection that the call was from the president himself, but I don’t know that for sure,” he tells the committee. His major concern in heading off Gonzales and Card at the hospital, Comey testifies, is that, “given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that.” Comey says he was “stunned” by how forceful Ashcroft was in refusing to comply with Gonzales and Card’s directive to sign the reauthorization.
Gonzales a 'Loyal Bushie' - Committee members are openly contemptuous of Gonzales’s actions, and question his fitness to serve as attorney general. “He’s presided over a Justice Department where being a, quote, loyal Bushie seems to be more important than being a seasoned professional, where what the White House wants is more important than what the law requires or what prudence dictates,” says Charles Schumer (D-NY). Arlen Specter (R-PA) is hardly less critical. “It is the decision of Mr. Gonzales as to whether he stays or goes, but it is hard to see how the Department of Justice can function and perform its important duties with Mr. Gonzales remaining where he is,” Specter says. “And beyond Mr. Gonzales’s decision, it’s a matter for the president as to whether the president will retain the attorney general or not.” [New York Times, 5/15/2007]
Not a 'Team Player' - Interestingly, President Bush views Comey with disdain because Comey isn’t what Bush calls a “team player;” Bush earlier tagged Comey, who resigned his position in 2005 and who previously tangled with the White House over its embrace of torture for terrorist suspects, with the derisive nickname “Cuomo,” after the former Democratic governor of New York, Mario Cuomo, famous for vacillating over whether to run for the presidency in the 1980s. The White House denies the nickname. [Newsweek, 1/9/2006] Comey is not popular in the White House in part because of his 2003 appointment of special prosecutor Patrick Fitzgerald to investigate Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, for perjury connected to the outing of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). And after the 9/11 attacks, Comey challenged Cheney’s assertions that the use of torture and other “war on terror” policies were legal (see January 9, 2002). Comey says he has been prepared to testify about the Ashcroft hospital visit for three years, but never did until now, because “Nobody ever asked.…I’ve never been in a forum where I was obligated to answer the question. Short of that, it was not something I was going to volunteer.” Card says that his actions at the hospital earned him bureaucratic punishment from Card. After Gonzales became attorney general, Ashcroft’s then-chief of staff, Kyle Sampson, told Comey that Gonzales’s “vision” was to merge the deputy’s office with Gonzales’s own office, stripping Comey of much of his autonomy and reducing him, in essence, to a staff member. Comey refused to cooperate. “You may want to try that with the next deputy attorney general,” Comey told Sampson. “But it’s not going to work with me.” [US News and World Report, 5/20/2007]

Entity Tags: Robert S. Mueller III, Valerie Plame Wilson, Richard (“Dick”) Cheney, Senate Judiciary Committee, D. Kyle Sampson, Patrick J. Fitzgerald, Alberto R. Gonzales, Andrew Card, John Ashcroft, James B. Comey Jr., George W. Bush

Timeline Tags: Civil Liberties

The British Royal Court of Appeal rules that the Chagossians were tricked, starved, and even terrorized from their homes by the British government 30 years ago (see July 27, 1971-May 26, 1973), and can return to their homes immediately. The islanders had previously won a ruling in 2006, however foreign secretary Margaret Beckett had appealed that ruling (see May 11, 2006). Explaining the court’s decision, Lord Justice Sedley says that “while a natural or man-made disaster could warrant the temporary, perhaps even indefinite, removal of a population for its own safety and so rank as an act of governance, the permanent exclusion of an entire population from its homeland for reasons unconnected with their collective well-being cannot have that character and accordingly cannot be lawfully accomplished by use of the prerogative power of governance.” The British Foreign Office says it is “disappointed” with the decision and says it may file an appeal with the House of Lords. [Guardian, 5/23/2007]

Entity Tags: Chagossians, Stephen Sedley

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

Senator Christopher “Kit” Bond.Senator Christopher “Kit” Bond. [Source: Wall Street Journal]Senator Christopher “Kit” Bond (R-MO), the ranking member of the Senate Intelligence Committee, demands that former CIA official Valerie Plame Wilson explain what he calls “differences” in her various accounts of how her husband, Joseph Wilson, was sent to Niger in 2002 to investigate claims that Iraq was attempting to secretly buy uranium from that nation (see February 21, 2002-March 4, 2002 and July 6, 2003). Plame’s differing versions have furthered “misinformation” about the origins of the case that roiled official Washington beginning in July 2003, Bond says. A recently released CIA memo from February 2002 said Plame Wilson “suggested” her husband for the trip. Bond says this is at odds with Plame Wilson’s March 2007 testimony before Congress, where she said a CIA colleague first suggested her husband for the trip (see March 16, 2007). In Bond’s version of events, Plame Wilson has told three different versions of events: in 2003 or 2004, she told the CIA’s Inspector General that she suggested Wilson; in 2004, she told committee staffers that she wasn’t sure if she had suggested Wilson (see July 9, 2004); in her March testimony before the House Oversight and Government Reform Committee, she said that a colleague had first suggested Wilson for the trip. A spokeswoman for Senator John D. Rockefeller (D-WV), the committee chairman, says she is not sure whether Rockefeller is interested in having committee investigators interview Plame Wilson, but Bond says he has asked the CIA for permission to re-interview her. Melanie Sloan, the attorney representing Plame Wilson, says her client has “always been very consistent that she is not the person responsible for sending Joe Wilson” to Africa. Instead, Sloan says, trying to impugn Plame Wilson’s truthfulness is an attempt to draw attention from the “real wrong here—a White House that outed a covert operative and undermined national security.” [USA Today, 5/30/2007] The Senate Intelligence Committee did report that Plame Wilson recommended Wilson for the trip, but that report was based on somewhat inaccurate information provided in a State Department memo; both in her March 2007 testimony and her book Fair Game, Plame Wilson recalls that a young records officer first suggested that Wilson be sent (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005).

Entity Tags: Valerie Plame Wilson, Christopher (“Kit”) Bond, John D. Rockefeller, Melanie Sloan, Joseph C. Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Most of the lawsuits filed against the US government and against a number of private telecommunications firms alleging illegal wiretapping of US citizens and foreign organizations (see January 31, 2006) are hampered by what legal experts call a “Catch 22” process: lawyers for the Justice Department and for the firms that are alleged to have cooperated with the government in wiretapping citizens and organizations argue that the lawsuits have no merits because the plaintiffs cannot prove that they were direct victims of government surveillance. At the same time, the lawyers argue that the government cannot reveal if any individuals were or were not monitored because the “state secrets privilege” (see March 9, 1953) allows it to withhold information if it might damage national security. Lawyer Shayana Kadidal, who is representing the Center for Constitutional Rights in another lawsuit on behalf of Guantanamo Bay detainees, says, “The government’s line is that if you don’t have evidence of actual surveillance, you lose on standing.”
One Lawsuit Has Evidence of Surveillance - But the lawsuit filed by Saudi charitable organization the Al Haramain Islamic Foundation (see February 28, 2006) is different, because the plaintiffs have an actual classified US document that they say proves their allegations. Kadidal says that because of that document, “[T]his is the only one with evidence of actual surveillance” and therefore has a much stronger chance of going forward. The Justice Department will not confirm, or deny, if anyone from Al Haramain was monitored either under the Terrorist Surveillance Program or any other government operation, but plaintiff lawyer Jon Eisenberg tells a judge in July 2007: “We know how many times [my client has] been surveilled. There is nothing left for this court to do except hear oral arguments on the legality of the program.”
Extraordinary Measures to Keep Document 'Secure' - Though the Justice Department has repeatedly argued that the Treasury Department document at the heart of the case is harmless and unrelated to NSA surveillance, it is taking extraordinary measures to keep it secure—it is held under strict government seal and remains classified as top secret. Even the plaintiff’s lawyers are no longer allowed to see the document, and have been forced to file briefs with the court based on their memories of the document. [Wired News, 3/5/2007]
Expert: Government Cannot Stop Case - The government probably does not have enough to derail the Al Haramain case, according to law professor Curtis Bradley. In August 2007, Bradley observes, “The biggest obstacle this litigation has faced is the problem showing someone was actually subjected to surveillance,” but the lawsuit “has a very good chance to proceed farther than the other cases because it’s impossible for the government to erase [the lawyers’] memories of the document.” [Associated Press, 8/5/2007]

Entity Tags: US Department of Justice, Terrorist Surveillance Program, Shayana Kadidal, Jon Eisenberg, Curtis Bradley, Al Haramain Islamic Foundation (Oregon branch), National Security Agency, Center for Constitutional Rights

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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