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Context of '(May 4, 2011): Republican Presidential Candidate Says Campaign Finance System Is ‘Dysfunctional,’ Runs against ‘Big Money’ Interests'

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Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

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

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

Justice Department lawyers John Yoo and Robert Delahunty send a classified memo to the chief legal adviser for the State Department, William Howard Taft IV. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Justice Department’s interpretation of the War Crimes Act. According to Yoo and Delahunty, the War Crimes Act does not allow the prosecution of accused al-Qaeda and Taliban suspects. Yoo will cite this memo in a 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, William Howard Taft IV, US Department of Justice, War Crimes Act, US Department of State

Timeline Tags: Civil Liberties

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 pdf file] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 pdf file]

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002]

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), John C. Yoo, Jay S. Bybee, US Department of Justice

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

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 pdf file; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]

Entity Tags: George W. Bush, Office of Legal Counsel (DOJ), Geneva Conventions, Alberto R. Gonzales, Colin Powell, David S. Addington, Al-Qaeda, Taliban, Richard B. Myers

Timeline Tags: Torture of US Captives, Civil Liberties

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

On Fox News’s Hannity and Colmes talk show, conservative pundit and author David Horowitz calls the Huntington Beach, California, public school district “racist.” Horowitz is objecting to Huntington Beach’s enforcement of racial-balancing policies that prevent white children from transferring out of certain schools and black children from transferring in. Horowitz says: “What’s going on here, it’s probably a class issue. But we don’t even know why these parents—first of all, it’s racist. The school district is racist.” When civil rights activist Lawrence Guyot attempts to refute Horowitz’s claims, Horowitz calls him a “racialist,” saying, “How can we settle the racial problem when we have racialists like Lawrence out there agitating to make every problem a racial problem?” [Media Matters, 12/1/2004]

Entity Tags: Lawrence Guyot, David Horowitz

Timeline Tags: Domestic Propaganda

Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. [New York Times, 3/25/2002]

Entity Tags: Kirk Humphreys, World Trade Center, Frank Keating, Kevin C. Dowdell, Thomas Langone, William D. Lake, Ray Downey, Michael A. Esposito, Michael S. Curtin, Peter C. Martin, John J. Fanning, Terence S. Hatton

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). [Federal Election Commission, 2002; Center for Responsive Politics, 2002 pdf file; Connecticut Network, 2006 pdf file]
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” [Center for Responsive Politics, 2002 pdf file; White House, 3/27/2002]
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. [Legal Information Institute, 12/2003; ThisNation, 2012]
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). [Legal Information Institute, 12/2003]

Entity Tags: Russell D. Feingold, Mitch McConnell, John McCain, National Rifle Association, George W. Bush, Bipartisan Campaign Reform Act of 2002

Timeline Tags: Civil Liberties

In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]

Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council

Timeline Tags: Torture of US Captives, Civil Liberties

Justice Department lawyer Patrick Philbin sends a classified memo to Daniel Bryant, a lawyer with the Justice Department’s Office of Legal Counsel, concerning the “Swift Justice Authorization Act.” The memo states that Congress has no power to interfere with President Bush’s authority to act as commander in chief to control US actions during wartime, including Bush’s authority to promulgate military commissions to try and sentence suspected terrorists and other detainees taken by the US as part of its “war on terror.” Philbin’s colleague, OLC lawyer John Yoo, will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice, 4/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will be made public in early 2009 (see March 2, 2009).

Entity Tags: Office of Legal Counsel (DOJ), Patrick F. Philbin, US Department of Justice, Daniel Bryant, John C. Yoo

Timeline Tags: Civil Liberties

Pentagon psychologist Bruce Jessen, who serves as the Joint Personnel Recovery Agency (JPRA)‘s senior psychologist for its SERE (Survival, Evasion, Resistance, and Escape) training program, releases an internal draft report for reverse-engineering SERE training techniques to be used against enemy detainees. SERE training teaches soldiers to resist torture inflicted on them by enemy captors. Jessen’s report, a follow-up to a previous report authored by him and fellow military psychologist James Mitchell (see January 2002 and After), calls for the creation of a secret “exploitation facility” that would be off-limits to oversight bodies such as the International Committee of the Red Cross, and would be kept clear of reporters. Jessen’s plan also describes the fundamentals of an “enhanced interrogation” methodology. According to a 2009 press report, it advocated techniques “strikingly similar to those that later surfaced at Abu Ghraib and elsewhere: nudity, stress positions, hoods, treatment like animals, sleep disruption, loud music and flashing lights, and exposure to extreme temperatures.” The techniques also include waterboarding, used 266 times against two high-value al-Qaeda detainees (see April 16, 2009 and April 18, 2009). The report notes: “Typically, those who play the part of interrogators in SERE school neither are trained interrogators nor are they qualified to be. Their job is to train our personnel to resist providing reliable information to our enemies.” However, senior JPRA and Pentagon officials will ignore Jessen’s caveats and authorize the application of SERE methods to the interrogations of al-Qaeda detainees (see April - June 2002). Three months later, JPRA will begin training CIA agents in SERE-derived techniques (see July 2002), including a two-day session on waterboarding (see July 1-2, 2002). Shortly after the training sessions, Pentagon general counsel William Haynes will ask JPRA for more information on SERE techniques. Haynes’s deputy, Richard Shiffrin, will later confirm “that a purpose of the request was to ‘reverse engineer’ the techniques.” [Agence France-Presse, 4/22/2009] In 2009, the press learns that Mitchell and Jessen are paid $1,000 a day to train military interrogators (see April 30, 2009).

Entity Tags: Joint Personnel Recovery Agency, Bruce Jessen, Richard Shiffrin, US Department of Defense, William J. Haynes, Central Intelligence Agency, James Elmer Mitchell

Timeline Tags: Torture of US Captives

Senate Majority Leader Tom Daschle (D-SD) says he is “gravely concerned” to learn that President Bush “received a warning in August about the threat of hijackers,” referring to a CBS News report revealing that Bush had been warned about a possible hijacking over a month before the 9/11 attacks (see August 6, 2001). Daschle calls on the White House to provide the classified briefing to Congressional investigators. House Minority Leader Richard Gephardt (D-MO) says, using the language of Watergate investigators, “I think what we have to do now is find out what the president, what the White House knew about the events leading up to 9/11, when they knew it, and, most importantly, what was done about it at the time.” White House deputy press secretary Scott McClellan will later write that, as objectionable as the White House finds these statements, “the Democrat who most aroused the ire of the White House and Republicans was New York’s Democratic senator, Hillary Clinton.” Clinton takes the floor of the Senate and says, “We learn today something we might have learned at least eight months ago: that President Bush had been informed last year, before September 11, of a possible al-Qaeda plot to hijack a US airliner.” She displays a New York Post headline that reads, “BUSH KNEW” (see May 15, 2002) and “9/11 BOMBSHELL.” “The president knew what?” Clinton asks. McClellan will write that he and his White House colleagues are “incensed” at Clinton’s rhetoric: “To us, such grandstanding appeared to be a return to the ugly partisan warfare that had come to define Washington and its culture during the 1990s. Politics as war, the innuendo of scandal, and the egregious implication that the president had deliberately neglected the country’s safety—it was all in service of the November election results. All the familiar elements were there. The story and the partisan accusations that followed provided great controversy for the media to cover.” (In this passage, McClellan fails to note that White House political guru Karl Rove had, months before, advised Bush and Republican candidates to use the war to attack Democrats in the November 2002 elections—see January 2002). McClellan will complain that Clinton “had not even bothered to call [the White House] to find out more about the facts behind the headlines before delivering her speech,” and will note: “To us, the disingenuous way the leaders rushed to create a damning story line about the president and his administration crossed a line. Republicans objected vehemently and aggressively in a counteroffensive led by the White House,” with Vice President Dick Cheney calling the Democrats’ questions “incendiary” (see May 16, 2002) and Bush declaring, “Had we any inkling, whatsoever, that terrorists were about to attack our country, we would have moved heaven and earth to protect America.” Bush adds: “And I’m confident that President Clinton would have done the same thing (see September 7, 2003). Any president would have.” McClellan will call Bush’s statement “a gesture toward the rapidly vanishing spirit of bipartisanship.” He will write that Democrats did not, by themselves, break the bipartisanship that had supposedly reigned before CBS broke the news of the August 6 briefing: “Democrats were responding in part to perceived efforts by Republicans seeking political advantage from the president’s aggressive efforts to wage war against Islamist terrorists,” and will note that in 1998, Republicans accused President Clinton of “wagging the dog”—launching military strikes against Iraq to distract the nation from the Monica Lewinsky scandal (see December 16-19, 1998). [McClellan, 2008, pp. 117-118]

Entity Tags: Hillary Clinton, Bush administration (43), George W. Bush, Tom Daschle, Scott McClellan, Richard (“Dick”) Cheney, Richard Gephardt, Karl C. Rove

Timeline Tags: Complete 911 Timeline

In a memo to Attorney General John Ashcroft, Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), says that the US has the absolute right to detain US citizen Jose Padilla without charge and without legal representation (see May 8, 2002). Bybee also claims that the Posse Comitatus Act, which prevents the US military from operating inside the US itself, “poses no bar to the military’s operations in detaining Padilla.” [US Department of Justice, 6/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The day after this memo is issued, Padilla is classified as an “enemy combatant” and transferred to the US Naval Brig in Charleston, South Carolina (see June 9, 2002).

Entity Tags: Jose Padilla, Jay S. Bybee, John Ashcroft, US Department of Justice, Posse Comitatus Act, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to Daniel J. Bryant, another OLC lawyer. Yoo concludes that the Constitution “vests full control of the military operations of the United States to the president,” and denies Congress any role in overseeing or influencing such operations. The memo is consisent with an earlier Justice Department memo (see April 8, 2002). Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice`, 6/27/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo ignores the Non-Detention Act, which states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.” [ProPublica, 4/16/2009] It will be made public in early 2009 (see March 2, 2009).

Entity Tags: John C. Yoo, Daniel Bryant, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Bush administration (43), Halliburton, Inc., Enron Corporation, Kenneth Lay, Internal Revenue Service, Richard (“Dick”) Cheney

Timeline Tags: 2000 Elections

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: John C. Yoo, Alberto R. Gonzales, American Civil Liberties Union, Convention Against Torture, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Erich Josef Gliebe.Erich Josef Gliebe. [Source: Cleveland Scene]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978) dies of cancer. He is replaced by Erich Josef Gliebe, a former boxer who runs Resistance Records, the Alliance-allied white power music label (see Late 1993 and Summer 1999), and publishes the label’s associated magazine, Resistance. Gliebe’s father was a member of the German Army during World War II, and Gliebe says he grew up “racially conscious.”
Plans for Alliance after His Death - Pierce dies unexpectedly, but had long cited his failing health and advancing age as causes for concern, and said the Alliance must not make the mistakes of earlier white supremacist organizations such as the American Nazi Party (which fell apart after its leader and Pierce’s mentor, George Lincoln Rockwell, was assassinated in 1967) and the Christian Nationalist Crusade (which collapsed after the death of its leader Gerald L.K. Smith). He made careful arrangements for the Alliance to continue after his death, and leaves almost all of his personal property to the organization, including 230 acres of property in West Virginia that houses the Alliance’s compound and headquarters (see 1985), along with some 60 acres belonging to Pierce’s “Cosmotheist Community Church,” which he has tried to classify as tax-exempt (see 1978).
Multi-Million Dollar Business - Under Gliebe’s leadership, the Alliance generates over $4 million a year in income, largely from the sale of white power music recordings, books, videos, and related merchandise. It broadcasts a weekly radio program, American Dissident Voices. In August 2002, the Center for New Community writes that the Alliance will likely “continue to play a strong role in the contemporary white nationalist movement, particularly by recruiting young people through its white power music distribution and merchandising.” (The organization has been particularly successful at disseminating its message during concerts by the Texas thrash-metal group Pantera, whose lead singer has worn pro-fascist shirts on stage; Alliance members hand out recruitment flyers at the shows headlined: “Remember when Heavy Metal was for Whites only? We do!”) It sells two video games, one called “Ethnic Cleansing,” where players get to exterminate minority citizens in a graphic, brutal “first-person shooter” style.
Largest Neo-Nazi Group in North America - The Alliance claims over 2,500 members and units or “proto-units” (local groups that have met membership requirements but not yet been sanctioned by national headquarters) in 43 American and five Canadian cities, making it the largest and best-organized neo-Nazi group in North America. It has more than doubled its membership since the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Moderating Message, Expanding Contact with Similar Groups - Pierce led the organization in “moderating” its message, abandoning the Klan robes, brown Nazi-like uniforms, camouflage attire, and coarse racial slurs that other groups often sport. Leonard Zeskind of the Institute for Research and Education on Human Rights has written: “Their only uniform will be their white skins. They will seek to establish a white nation-state, with definable economic, political, and racial borders, out of the wreckage they hope to create of the United States. And from Pierce they will have learned the arts and sciences of Aryan revolution.” Along with their white power musical concerts and rallies, Alliance members have marched with neo-Confederate groups and worked with younger, more violent “skinhead” groups. Generally, the Alliance shuns many public rallies, preferring instead to “build a revolutionary infrastructure” by training what the Center for New Community will call “dedicated cadres of activists outside the eye of the public.” It has worked closely with the more overtly violent Hammerskin Nation, both in distributing “white power” music (the “Hammerskins” distribute music through Panzerfaust Records) and coordinating public activities.
White Supremacists Praise Pierce after Death - A number of white supremacist leaders will praise Pierce in the days after his death. Former Ku Klux Klan leader David Duke says Pierce “helped people think straight about the Jewish Question and the other vital realities of race.” The overtly racist British National Party (BNP) says in a statement: “The death of Dr. Pierce has opened a huge gap in the nationalist movement in the United States. We hope for the sake of the future generations of white children for whom he felt so strongly that it will not be filled by crude inferior copies of William Pierce—the man was unique!” Dan Gentry of Christian Research praises “Pierce’s love and concern for the racial camaraderie of Celto-Saxons.” Richard Butler, the head of the neo-Nazi Aryan Nations (see Early 1970s), says, “The White Aryan race has lost a great intellectual mind and a Noble Warrior for Gods [sic] eternal truth.” And Matthew Hale, the leader of the violent separatist World Church of the Creator (see May 1996 and After), writes, “We appreciate the comradeship of many National Alliance members over the years and undoubtedly [Pierce’s] presence will be missed.” [Center for New Community, 8/2002 pdf file]

Entity Tags: Cosmotheist Community Church, Resistance Records, Christian Nationalist Crusade, William Luther Pierce, British National Party, American Nazi Party, Panzerfaust Records, Pantera, Richard Girnt Butler, Matthew Hale, Erich Josef Gliebe, David Duke, Dan Gentry, National Alliance, Leonard Zeskind, Center for New Community, Gerald L.K. Smith, Hammerskin Nation

Timeline Tags: US Domestic Terrorism

Jay Bybee.Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 pdf file] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]

Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith

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

The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]

Entity Tags: National Association for the Advancement of Colored People, County of Broward (Florida), County of Duval (Florida), Katherine Harris, County of Leon (Florida), Database Technologies, County of Miami-Dade (Florida), County of Volusia (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

After Senator Chuck Hagel learns that the White House counsel has told President Bush that he has the constitutional authority to use preemptive force without congressional approval (see September 25, 2001), he calls White House Chief of Staff Andrew Card and asks, “Andy, I don’t think you have a shred of ground to stand on, but more to the point, why would a president seriously consider taking a nation to war without Congress being with him?” Some time later, Hagel, along with senators Joseph Biden and Richard Lugar, are invited to the White House to discuss the matter. [Gentlemen's Quarterly, 1/2007]

Entity Tags: George W. Bush, Alberto R. Gonzales, Chuck Hagel, Joseph Biden, Richard Lugar, Andrew Card

Timeline Tags: Events Leading to Iraq Invasion

Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]

Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld

Timeline Tags: US International Relations

Nicolo Pollari, chief of SISMI, Italy’s military intelligence service, meets briefly with US National Security Council officials. [Il Foglio (Milan), 10/28/2005] Present at the meeting are National Security Adviser Condoleezza Rice; her deputy, Stephen Hadley; and other US and Italian officials. [La Repubblica (Rome), 10/25/2005; American Prospect, 10/25/2005; La Repubblica (Rome), 10/26/2005; Los Angeles Times, 10/28/2005; AGI online, 10/29/2005]
Mysterious 'Courtesy Call' - Pollari can presumably set the record straight on the question of whether Iraq is trying to purchase aluminum tubes for manufacturing rockets or for use in building muclear weapons (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003)—the aluminum tubes in question are exactly the same as the Italians use in their Medusa air-to-ground missile systems (see December 2002). Apparently Iraq is trying to reproduce “obsolete” missile systems dating back to when Italy and Iraq engaged in military trade. Pollari could also discuss the documents alleging that Iraq and Niger entered into a secret uranium deal (see Between Late 2000 and September 11, 2001), a set of documents originally promulgated by SISMI and now thoroughly discredited (see February 5, 2003). But apparently Pollari discusses none of this with White House officials. Hadley, who hosts the meeting with Pollari, will refuse to say what they discuss, except to label Pollari’s visit “just a courtesy call,” and will add, “Nobody participating in that meeting or asked about that meeting has any recollection of a discussion of natural uranium, or any recollection of any documents passed.”
Meeting with Hadley, Not Tenet, Significant - Author Craig Unger will write in 2007 that the real significance of the meeting is that Pollari meets with Hadley (widely considered an ally of Vice President Dick Cheney), and not with Pollari’s counterpart, CIA Director George Tenet. Former CIA officer Philip Giraldi later says, “It is completely out of protocol for the head of a foreign intelligence service to circumvent the CIA. It is uniquely unusual.” Of the Iraq-Niger documents, Giraldi will say, “In spite of lots of people having seen the documents, and having said they were not right, they went around them.” Former CIA and State Department analyst Melvin Goodman will concur. “To me there is no benign interpretation of” the Pollari-Hadley meeting, Goodman will say. “At the highest level it was known that the documents were forgeries. Stephen Hadley knew it. Condi Rice [Hadley’s supervisor] knew it. Everyone at the highest level knew.” Neoconservative columnist, author, and former Italian intelligence asset Michael Ledeen, who has close ties with both Pollari and Hadley and may have played a part in producing the Iraq-Niger forgeries (see December 9, 2001). will deny setting up the meeting. And a former CIA official speaking on Tenet’s behalf will say that Tenet has no information to suggest that Pollari or elements of SISMI were trying to circumvent the CIA and go directly to the White House. [Unger, 2007, pp. 258-259] (In 2006, history professor Gary Leupp will write that Ledeen is the informal liaison between SISMI and the Office of Special Plans—see September 2002). [CounterPunch, 11/9/2005]
Downplaying Significance of Meeting - The Bush administration later insists the meeting was of little importance. Frederick Jones, a National Security Council spokesman, describes the meeting as a courtesy call of 15 minutes or less. He also says, “No one present at that meeting has any recollection of yellowcake [uranium oxide] being discussed or documents being provided.” [New York Times, 10/28/2005]
Meeting Remains Secret until 2005 - This meeting is not reported until 2005, when Italy’s La Repubblica reports that a meeting—arranged through a backchannel by Gianni Castellaneta, the Italian prime minister’s diplomatic advisor—took place between Pollari and Hadley on this date. The report is refuted by Italy which insists it was actually a short meeting between Pollari and Rice. Italy says that although Hadley was present, he was really not part of the meeting. [AGI online, 10/29/2005] It is not clear from the reporting, however, if the meeting acknowledged by Italy and Washington, is in fact the same meeting reported by La Repubblica.

Entity Tags: Michael Ledeen, Craig Unger, George J. Tenet, Gianni Castellaneta, Condoleezza Rice, Richard (“Dick”) Cheney, Bush administration (43), Central Intelligence Agency, Stephen J. Hadley, Nicolo Pollari, Philip Giraldi, SISMI

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

On the first anniversary of the 9/11 attacks, the story of what President Bush did on that day is significantly rewritten. In actual fact, when Chief of Staff Andrew Card told Bush about the second plane crash into the WTC, Bush continued to sit in a Florida elementary school classroom and hear a story about a pet goat for at least seven more minutes (see (9:08 a.m.-9:13 a.m.) September 11, 2001 and (9:07 a.m.) September 11, 2001), as video footage later broadcast in the 2004 movie Fahrenheit 9/11 (see June 25, 2004) shows. But one year later, Card claims that after he told Bush about the second WTC crash, “it was only a matter of seconds” before Bush “excused himself very politely to the teacher and to the students, and he left the Florida classroom.” [San Francisco Chronicle, 9/11/2002] In a different account, Card says, “Not that many seconds later the president excused himself from the classroom.” [Newsweek, 9/9/2002] An interview with the classroom teacher states that Bush left the class even before the second WTC crash: “The president bolted right out of here and told me: ‘Take over’.” When the second WTC crash occurred, she claims her students were watching television in a nearby media room. [New York Post, 9/12/2002]

Entity Tags: Andrew Card, World Trade Center, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Domestic Propaganda

British Prime Minister Tony Blair gives a speech to Parliament concurrent with the just-released dossier on Iraqi WMD (see September 24, 2002). Blair combines fact—such as Iraq’s lengthy defiance and deception of UN weapons inspections since the 1991 Gulf War, the possible existence of tons of chemical and biological weapons material left unaccounted for in 1998, and the attempts by Iraq to subvert the UN’s Food for Oil program—with speculation that Saddam Hussein’s “chemical, biological, and nuclear weapons program is not an historic leftover from 1998.… His WMD program is active, detailed, and growing. The policy of containment is not working. The WMD program is not shut down. It is up and running.”
Unverified Claims - Blair calls the dossier “extensive, detailed, and authoritative,” and says that according to intelligence data used to compile it: “Iraq has chemical and biological weapons.… Saddam has continued to produce them… he has existing and active military plans for the use of chemical and biological weapons, which could be activated within 45 minutes, including against his own Shi’a population, and … he is actively trying to acquire nuclear weapons capability.” Only the “45-minute” strike capability is not sourced from the dossier (see September 28, 2002). Blair makes a number of patently false allegations about Iraq’s nuclear weapons, including the disputed aluminum tubes claim (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003) and the tale about Iraq attempting to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). “[W]e know Saddam has been trying to buy significant quantities of uranium from Africa, though we do not know whether he has been successful,” Blair says. He tells the assembled lawmakers: “There will be some who dismiss all this. Intelligence is not always right. For some of this material there may be innocent explanations. There will be others who say, rightly, that, for example, on present going, it could be several years before he acquires a usable nuclear weapon. Though, if he were able to purchase fissile materiel illegally, it would only be a year or two. But let me put it at its simplest: on this 11-year history; with this man, Saddam; with this accumulated, detailed intelligence available; with what we know and what we can reasonably speculate: would the world be wise to leave the present situation undisturbed; to say, despite 14 separate UN demands on this issue, all of which Saddam is in breach of, we should do nothing; to conclude that we should trust not to the good faith of the UN weapons inspectors but to the good faith of the current Iraqi regime?”
Regime Change - After all of this buildup, Blair says that he is not necessarily calling for military action against Iraq, but “the case for ensuring Iraqi disarmament… is overwhelming.” He then makes the case for regime change, citing the need for a new leader “who can bring Iraq back into the international community where it belongs, not languishing as a pariah. Someone who can make the country rich and successful, not impoverished by Saddam’s personal greed. Someone who can lead a government more representative of the country as a whole, while maintaining absolutely Iraq’s territorial integrity. We have no quarrel with the Iraqi people. Liberated from Saddam, they could make Iraq prosperous and a force for good in the Middle East. So the ending of regime would be the cause of regret for no one other than Saddam.” Blair says, “our purpose is disarmament,” not military action, but it is hard to conceive how the regime change he advocates could be effected without military action. [10 Downing Street, 9/24/2002] Two years later, Blair will admit that the claim is erroneous (see October 13, 2004).

Entity Tags: Tony Blair, Saddam Hussein

Timeline Tags: Niger Uranium and Plame Outing

The Times of London uses the recently released intelligence “dossier” from British intelligence (see September 24, 2002) to report that Iraqi dictator Saddam Hussein has sent agents into Africa to find uranium for Iraqi nuclear weapons. The Times does not inform its readers that many British journalists were shown evidence contradicting the British intelligence claims (see September 24, 2002). It focuses on the dossier’s claim that Iraqi “agents” have secretly visited several African countries in search of uranium. Thirteen African nations produce uranium to one extent or another. A Whitehall source tells The Times that while Hussein may have attempted to find African uranium, those alleged efforts were unsuccessful. “If Iraq had succeeded in buying uranium from Africa, the dossier would have said so,” the source says. The Times reports that Iraq attempted to purchase uranium from, among other sources, the Democratic Republic of Congo, though at least part of that nation’s uranium mines are currently under the control of troops from Zimbabwe. The dossier does not specify any other countries that may have been contacted by Iraq. The Times also repeats the dossier’s claim that Iraq has biological and chemical weapons that can be launched against targets in as little as 45 minutes (see Late May 2003, August 16, 2003, December 7, 2003, January 27, 2004, and October 13, 2004), that Iraq is developing missiles with ranges of 600 miles (see January 9, 2003, January 16, 2003, February 27, 2003, March 7, 2003, and June 2004), and that Hussein may have given his son Qusay the power to order the use of those weapons. It also reports that the dossier specifically downplays suspected links between Iraq and radical Islamist groups such as al-Qaeda. Hussein has little sympathy for Islamist fundamentalists, The Times reports. [London Times, 9/25/2002]

Entity Tags: Saddam Hussein, London Times, UK Secret Intelligence Service (MI6)

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Michael Steele and Robert Ehrlich.Michael Steele and Robert Ehrlich. [Source: Oliver Willis]The candidates for governor of Maryland, Democrat Kathleen Kennedy Townsend and Republican Robert Ehrlich, hold a debate in the Murphy Fine Arts Building on the campus of Morgan State University in Baltimore. After the debate, allegations surface that Democratic supporters of Townsend threw Oreo cookies at Michael Steele, the Republican nominee for lieutenant governor. Steele is African-American; to label an African-American an “Oreo” is to say that he, like an Oreo cookie, is black on the outside and white on the inside. It is considered a significant racial slur. The allegations are published by, among other sources, the conservative Washington Times, largely relying on reporting by S.A. Miller, who writes multiple stories concerning the alleged incident.
First Iteration: Oreos 'Distributed' among Audience Members - The source is Ehrlich’s campaign spokesman Paul Schurick, who tells a Baltimore Sun reporter that he saw Democrats in the audience distributing Oreo cookies. Schurick initially makes no mention of anyone throwing cookies. One day after the event, Steele is quoted by the Sun as talking about the Townsend supporters in the crowd and what he terms “race-baiting” by her campaign, but says nothing about Oreos. On October 14, Weekly Standard columnist Jeffrey Goldberg repeats as fact Schurick’s allegations about Oreos being passed out at the debate. On October 21, syndicated conservative columnist George Will repeats the story, adding that “[s]ome of the audience had distributed Oreo cookies to insult Ehrlich’s running mate.”
Second Iteration: 'Townsend Supporters Threw Oreo Cookies' - The same day as Will’s column appears, the Sun and the Associated Press report that Ehrlich told an audience at a Jewish day school that “Townsend supporters at the debate threw Oreo cookies” at Steele. The next day, the Salisbury, Maryland, Daily Times reports that “the Ehrlich campaign” claimed “protesters at the debate threw Oreo cookies at Steele.” The Washington Times reports Ehrlich’s claims on October 29. The Washington Post reports on October 31 that Townsend supporters “mocked” Steele by bringing Oreo cookies to the gubernatorial debate. On November 2, the London Times reports as fact that Steele “was bombarded with Oreo cookies” at the gubernatorial debate. Miller later tells other reporters that, while in attendance at the debate, he saw Steele get hit with the cookies. On November 22, the Capital News Service will report that Steele later “said an Oreo cookie rolled to his feet during the debate.”
Reporter Retracts Claim - But in November 2005, after Steele announces his candidacy for Maryland’s gubernatorial position (see November 2005), Miller will tell a reporter for WTOP news radio, Mark Segraves, that he could not swear in court that anyone actually threw cookies because he did not, in fact, see it happen, though he had reported several times that he witnessed just such events. Times managing editor Fran Coombs will issue a denial that Miller ever spoke to Segraves or anyone else from WTOP, but will confirm that Miller did not, in fact, attend the debate. Coombs will tell WTOP that the Times stands behind its reporting, regardless of whether Miller’s claims are true or not, and will say that the reported Oreo incident is a diversion from the real story of a double standard on racism in the Democratic Party.
Third Iteration: Steele Just Saw 'One or Two' Oreos at His Feet - Steele will tell Segraves that he was never struck by any thrown cookies. “I’ve never claimed that I was hit, no. The one or two that I saw at my feet were there. I just happened to look down and see them,” he will say. By November 15, the Associated Press will report that Ehrlich says “he did not personally see cookies thrown at Steele because he was on stage,” and “said he doesn’t know who might have thrown them.”
Fourth Iteration: Steele Says Oreos 'Tossed in His General Direction' - Around the same time, the Associated Press will also report that, according to Steele, “Oreo cookies were tossed in his general direction as he left the debate at Morgan State University,” including two that “rolled up” next to his shoe. The stories are dramatically different, and quite contradictory. Steele’s November account differs from Schurick’s account and his own previous statements.
Fifth Iteration: Oreos 'Thick in the Air Like Locusts' - In the Sun’s 2005 report, Schurick is quoted as saying: “It was raining Oreos. They were thick in the air like locusts. I was there. It was very real. It wasn’t subtle.” Sometime in late 2002, Ehrlich will tell a radio audience that his father was struck in the head by a cookie, though, according to the WBAL report at the time, “Schurick would not make Robert L. Ehrlich Sr. available for an interview.”
No Mention in Reporting after Debate, No Video Evidence - In November 2005, the Baltimore Sun will report that no newspaper or television reports mentioned any such incident in their initial reporting of the debate, and although four local television stations recorded the debate, no video of any such incident exists.
Eyewitnesses: Nothing Was Thrown - The Sun will report the operations manager of the Murphy Building at Morgan State, Vander Harris, as saying nothing of the sort occurred: “It didn’t happen here,” he will say. “I was in on the cleanup, and we found no cookies or anything else abnormal. There were no Oreo cookies thrown.” Several attendees at the event will tell the Sun that while some disruptive behavior occurred, no one threw anything at Steele nor anyone else. Morgan State spokesman Clint Coleman will say: “There were a lot of things, disturbances, by this group of outsiders who were bent on disrupting the debate. But I never actually saw Oreo cookies being thrown at him.” As for “raining Oreos,” Coleman will say, “I can tell you that did not happen.” Neil Duke, who moderated the event for the NAACP, will say he never saw any cookies thrown at Steele. “Were there some goofballs sitting in [the] right-hand corner section tossing cookies amongst themselves and acting like sophomores, as the legend has it?” Duke will say. “I have no reason to doubt those sources; I just didn’t see it.” And Wayne Frazier, the president of the Maryland-Washington Minority Contractors Association, will say he saw Steele walk into the auditorium that evening, but saw no Oreos. “I was there the whole time and did not see any of the so-called Oreo cookie incident,” he will say. “It could have happened and I didn’t see it, but I was in the auditorium from start to finish.” [WTOP Radio 103.5 (Washington), 11/15/2005; Media Matters, 11/21/2005]

Entity Tags: Vander Harris, WTOP-FM, Washington Post, Wayne Frazier, S.A. Miller, Washington Times, Robert L. Ehrlich Jr., Salisbury Daily Times, Morgan State University, Baltimore Sun, Capital News Service, Clint Coleman, George Will, Fran Coombs, Jeffrey Goldberg, London Times, Michael Steele, Associated Press, Mark Segraves, Kathleen Kennedy Townsend, Paul Schurick

Timeline Tags: Domestic Propaganda

George Will.George Will. [Source: Washington Policy Group]Conservative columnist George Will calls two anti-war House Democrats “American collaborators” working with Saddam Hussein, either implicitly or directly. Will singles out Representatives Jim McDermott (D-WA) and David Bonior (D-MI) for criticism because of their opposition to the impending Iraq invasion. Will compares the two to World War II propaganda maven William Joyce, the British citizen who earned the sobriquet “Lord Haw Haw” for his pro-Nazi diatribes on the radio, and goes on to observe that McDermott and Bonior provided a spectacle unseen by Americans “since Jane Fonda posed for photographers at a Hanoi anti-aircraft gun” during the Vietnam War. McDermott and Bonior became a target for Will’s wrath by saying they doubted the Bush administration’s veracity in its assertions that Iraq has large stashes of WMD, but believed Iraqi officials’ promises to allow UN inspectors free rein to look for such weapons caches. “I think you have to take the Iraqis on their value—at face value,” McDermott told reporters in recent days, but went on to say, “I think the president [Bush] would mislead the American people.”
Leninist 'Useful Idiots' - After comparing the two to Joyce and Fonda, Will extends his comparison to Bolshevik Russia, writing: “McDermott and Bonior are two specimens of what Lenin, referring to Westerners who denied the existence of Lenin’s police-state terror, called ‘useful idiots.’” Will also adds UN Secretary-General Kofi Annan in this last category, compares Annan with British “appeaser” Neville Chamberlain for good measure, and labels him “Saddam’s servant.”
Slamming Democrats for Not Supporting War - Will saves the bulk of his ire for the accusations by McDermott and Bonior that Bush officials might be lying or misrepresenting the threat of Iraqi WMD, and adds former Vice President Al Gore to the mix. “McDermott’s accusation that the president—presumably with Cheney, Powell, Rumsfeld, Rice, and others as accomplices—would use deceit to satisfy his craving to send young Americans into an unnecessary war is a slander licensed six days earlier by Al Gore,” Will writes. Extending his comparisons to the Watergate era, Will adds, “With transparent Nixonian trickiness—being transparent, it tricks no one—Gore all but said the president is orchestrating war policy for political gain in November.” Will accuses Gore and other Democrats of what he calls “moral infantilism” because they voted to support the 1998 Iraq Liberation Act (see October 31, 1998). Will returns to his complaints about the Democratic congressmen in his conclusion: “McDermott’s and Bonior’s espousal of Saddam’s line, and of Gore’s subtext (and Barbra Streisand’s libretto), signals the recrudescence of the dogmatic distrust of US power that virtually disqualified the Democratic Party from presidential politics for a generation. It gives the benefits of all doubts to America’s enemies and reduces policy debates to accusations about the motives of Americans who would project US power in the world. Conservative isolationism—America is too good for the world—is long dead. Liberal isolationism—the world is too good for America—is flourishing.” [Washington Post, 10/1/2002]

Entity Tags: George Will, Jim McDermott, David Bonior

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Italian freelance information peddler and former SISMI agent Rocco Martino, surprised at the tremendous media coverage his documents alleging an Iraq-Niger uranium deal are receiving (see September 24, 2002,March 2000, Late June 2002, and Summer 2004), approaches Elisabetta Burba, a journalist for a Milan news magazine, Panorama. Martino and Burba have worked together in the past; she considers him to be a reliable source. Panorama is edited by Carlo Rossella, a close political ally of conservative Prime Minister Silvio Berlusconi (see October 16, 2001). Berlusconi is a close ally of the Bush administration, and is actively working with the US to promote the war with Iraq. One of Panorama’s foreign contributors is American neoconservative Michael Ledeen (see December 9, 2001). These are all considerations which may have influenced Martino’s decision to contact Burba rather than a journalist with another news outlet. He tells her that he has some documents (see March 2000) that might interest her. [Talking Points Memo, 10/31/2003; Financial Times, 8/2/2004; Unger, 2007, pp. 259-261; Washington Post, 4/3/2007]
'Let's Make This War Start' - They meet at a restaurant in Rome. Martino tells Burba that he has documents proving that Iraq made a deal to purchase hundreds of tons of uranium from Niger. “Let’s make this war start,” he says. “This is a megagalactica situation.” [Isikoff and Corn, 2006, pp. 147]
The 'Italian Letter' - Perhaps the most interesting document is a letter from Nigerien President Mamadou Tandja to Iraqi dictator Saddam Hussein, giving his formal approval for a deal for Niger to sell 500 tons of uranium a year to Iraq. Washington Post reporter Peter Eisner will later write, “This was the smoking gun in the package, claiming to show the formal approval of Niger’s president to supply Iraq with a commodity that would in all likelihood only be used for a nuclear weapons program: Iraq had no nuclear power plants.” The letter is written in all capital letters, like an old telex, is dated July 27, 2000, and bears what Eisner describes as “an odd shield on the top, a shining sun surrounded by a horned animal head, a star, and a bird.” It is marked “Confidential and Urgent.” The letter reads in part, “500 tons of pure uranium per year will be delivered in two phases.” It bears a seal reading “The Office of the President of the Republic of Niger.” Written over the seal is a barely legible signature, apparently from Tandja. [Washington Post, 4/3/2007]
Cash on Corroboration - Martino hands over copies of the documents, totaling some 22 pages, mostly in French, and offers to sell Burba the originals. Skeptical but interested, Burba agrees to pay Martino 10,000 euros—about $12,500—for the documents if they can be corroborated by independent authorities. When Burba informs Rossella of the deal later in the day, he proposes sending her to Africa to investigate the claim (see October 16, 2002 and After), and insists she give copies of Martino’s documents to the US embassy. “I think the Americans are very interested in this problem of unconventional weapons,” he tells her. [Agence France-Presse, 7/19/2003; Reuters, 7/19/2003; New Yorker, 10/27/2003; Talking Points Memo, 10/31/2003; Unger, 2007, pp. 259-261; Washington Post, 4/3/2007]

Entity Tags: Peter Eisner, Panorama, Rocco Martino, Michael Ledeen, Bush administration (43), Elisabetta Burba, Mamadou Tandja, Saddam Hussein, Carlo Rossella, Silvio Berlusconi

Timeline Tags: Niger Uranium and Plame Outing

The House votes to give President Bush sweeping authorization to use military force against Iraq, on an overwhelming 296-133 vote. One hundred and twenty-six Democrats vote against the bill even though House Minority Leader Richard Gephardt (D-MO) co-authored it. House Majority Leader Dick Armey (R-TX) issues a veiled warning to the president to use his newly granted powers judiciously: “Mr. President, we are about to give you a great trust.” After the bill passes the House, Bush says, “The days of Iraq acting as an outlaw state are coming to an end… [t]he gathering threat of Iraq must be confronted fully and finally.” One of the opponents of the House bill, John Spratt (D-SC), says that without an international diplomatic approach, “this will be the United States versus Iraq and in some quarters the US versus the Arab and the Muslim world.” Commenting on the passing of the resolution, the Washington Post reports: “Yesterday’s debate often lacked the passion and unpredictability of the 1991 affair, when members sat late into the night listening attentively to a war of words. By contrast, the House chamber was largely empty most of yesterday: the arguments familiar, the outcome certain, the conclusion anticlimactic.” [White House, 10/2/2002; PBS, 10/10/2002; Washington Post, 10/11/2002] Bush calls on the Senate to pass the bill (see October 11, 2002) so it can be signed into law as soon as possible (see October 16, 2002). The Senate overwhelmingly approves the resolution the next day. [PBS, 10/10/2002; US Senate, 10/11/2002] The AUMF contains a caveat in the authorization that conditions Congress’s authorization of military force on a formal determination by Bush that Iraq poses a threat to the US that cannot be contained diplomatically, and that any military action against Iraq must be consistent with the war against those who attacked the US on 9/11 (see March 18, 2003). The US media virtually ignores this condition, and therefore the Bush administration does not feel particularly bound by it. Congress asks for the formal declaration either before launching an attack or within 48 hours of the attack, and insists that the declaration contain solid evidence of the impossibility of further diplomacy, and of Iraq’s connection to the 9/11 terrorists. [Dean, 2004, pp. 143-148]

Entity Tags: Richard Gephardt, John Spratt, Bush administration (43), Dick Armey, George W. Bush, Washington Post

Timeline Tags: Events Leading to Iraq Invasion

Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 pdf file] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]

Entity Tags: Rick Baccus, George W. Bush, James T. Hill, Carl Levin, Daniel J. Dell’Orto, Diane E. Beaver, Michael E. Dunlavey, Mohamed al-Khatani

Timeline Tags: Torture of US Captives

The Bush administration fails to cooperate with the UN inspection regime in Iraq. Inspectors complain that Washington is refusing to provide them with the intelligence they need to do their work. What intelligence they do offer the inspectors, is usually of extremely poor quality. Administration officials deny they are refusing to provide the inspectors with needed intelligence. CBS reports on January 18, 2003: “UN arms inspectors are privately complaining about the quality of US intelligence and accusing the United States of sending them on wild-goose chases…. The inspectors have become so frustrated trying to chase down unspecific or ambiguous US leads that they’ve begun to express that anger privately in no uncertain terms…. UN sources have told CBS News that American tips have lead to one dead end after another.” And whatever intelligence has been provided, reports CBS, has turned out to be “circumstantial, outdated or just plain wrong.” [CBS News, 2/20/2003]

Entity Tags: Bush administration (43), United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

The UN Security Council unanimously votes 15-0 in favor of UN Resolution 1441, which stipulates that Iraq is required to readmit UN weapons inspectors under tougher terms than required by previous UN resolutions. The resolution does not give the US authority to use force against Iraq. [United Nations, 11/8/2002] The resolution makes it very clear that only the UN Security Council has the right to take punitive action against Iraq in the event of noncompliance. [Common Dreams, 11/14/2002] After the resolution is passed, top Bush administration officials make public statements threatening to use military force against Iraq if Saddam’s regime does not comply with the resolution. George Bush, Colin Powell, John Negroponte, Andrew Card, and Ari Fleischer make statements asserting that the resolution does not prevent the US from using force.
bullet A provision that would have authorized UN member states to use “all necessary means” to disarm Iraq is relocated to the preamble of the resolution where it has no practical significance. [New York Times, 11/6/2002; United Nations, 11/9/2002]
bullet A provision requiring that security guards accompany the inspectors is removed. [New York Times, 11/6/2002]
bullet The resolution requires Iraq to provide the UN with the names of all its weapons experts. [New York Times, 11/6/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
bullet The resolution states that weapons inspectors will be authorized to remove Iraqi scientists, as well as their families, from Iraq in order to interview them. An official later tells the Washington Post that the power to interview Iraqi scientists was “the most significant authority contained in the resolution” and “the one thing that is most likely to produce overt Iraqi opposition.” [United Nations, 11/9/2002; Washington Post, 12/12/2002]
bullet The resolution overturns provisions of the previous Resolution 1154 that required UN inspectors to notify Baghdad before inspecting Saddam Hussein’s presidential sites. Resolution 1154 had also required that inspections of those sensitive sites occur in the presence of diplomats. The new resolution demands that Iraq allow the inspectors “immediate, unimpeded, unconditional and unrestricted access” to any sites chosen by the inspectors. [United Nations, 11/9/2002] Unnamed diplomats and US officials tell USA Today that the US may attempt to claim that Iraq is engaged in a pattern of defiance and deceit if it hinders the inspectors in any way. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
bullet The resolution includes a provision calling for “no-fly” and “no-drive” zones in the areas surrounding suspected weapons sites to prevent the Iraqis from removing evidence prior to or during inspections. [United Nations, 11/9/2002]
bullet The final resolution includes statements stipulating that an Iraqi failure to comply with the terms of the resolution, including “false statements or omissions” in the weapons declaration it is required to submit, will “constitute a further material breach” of its obligations. Additional wording included in the same provision explains that any breach of the resolution will “be reported to the Council for assessment.” Also, towards the end of the resolution, it states that the chief weapons inspector should “report immediately to the Council any interference” by Iraq so that the Council can “convene immediately to consider the situation and the need for full compliance with all the relevant council resolutions in order to restore international peace and security.” [New York Times, 11/6/2002; CNN, 11/8/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
bullet Paragraph 8 of UN Security Council Resolution 1441 states that Iraq “shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution.” The US contends that this applies to the US- and British- patrolling of the “no-fly” zones that the two countries imposed shortly after the Gulf War. The “patrolling,” which has never been officially sanctioned by the UN and which is not recognized by Iraq, often includes aerial attacks on Iraqi sovereign territory. Iraq consistently fires on the attacking jets in self-defense. Other UN Security Council members explicitly oppose this interpretation of the resolution before its passage. [United Nations, 11/9/2002; Associated Press, 11/12/2002]
bullet The resolution gives Iraq seven days to announce whether or not it will comply with the resolution, and 30 days (December 8) to declare its chemical, biological, and nuclear-related capabilities—even those that are unrelated to weapons programs. 10 days after Iraq’s acceptance of the terms, inspectors will send an advanced team to Baghdad, but will have a total of 45 days to begin the actual work. The inspection team will be required to provide the UN Security Council with a report 60 days (January 27) after the commencement of its work. [Guardian, 11/7/2002; Associated Press, 11/8/2002; United Nations, 11/9/2002; Associated Press, 11/13/2002] Diplomats and US officials speaking off the record tell USA Today that the declaration due on December 8 represents a hidden trigger, explaining that any omissions will be considered a material breach and sufficient justification for war. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
bullet Syria requested that the resolution include a provision stating that Iraq’s compliance with the terms would result in the lifting of sanctions. This provision was not included. [CNN, 11/8/2002]
bullet Syria requested that the resolution declare the entire Middle East a “nuclear-free and weapons of mass destruction-free zone.” This provision was not included. [CNN, 11/8/2002]
bullet France did not want the resolution to include any wording that might authorize the use of force. Instead it argued that the resolution should include only terms for tougher inspections. In the event of Iraqi noncompliance with the terms, France argued, a separate resolution should be agreed upon to decide what further action would be necessary. France lost its argument, and the new resolution includes a warning to Iraq “that it will face serious consequences” in the event of its failure to comply with the terms of the resolution. [Guardian, 11/7/2002]

Entity Tags: John Negroponte, Ari Fleischer, George W. Bush, Colin Powell, Andrew Card

Timeline Tags: Events Leading to Iraq Invasion

A team of 26 UN inspectors arrive in Baghdad. On the tarmac of Saddam Hussein International Airport, UNMOVIC Weapons Inspection Chief Hans Blix tells reporters, “We have come here for one single reason and that is because the world wants to have assurances that there are no weapons of mass destruction in Iraq. The situation is tense at the moment, but there is a new opportunity and we are here to provide inspection which is credible… We hope we can all take that opportunity together…. There is a new opportunity and we hope that opportunity will be well-utilized so that we can get out of sanctions. And in the long term, we will have a zone free of weapons of mass destruction in the Middle East.” Hans Blix and Director of the International Atomic Energy Agency Mohamed ElBaradei then head to Baghdad where they meet with Iraqi Gen. Amir al-Saadi and Hussam Mohammed Amin, the head of the Iraqi National Monitoring Directorate. [CNN, 11/19/2002; Guardian, 11/29/2002]

Entity Tags: Hans Blix, Hussam Mohammad Amin, Amir Hammudi al-Saadi, United Nations Monitoring, Verification and Inspection Commission, Mohamed ElBaradei

Timeline Tags: Events Leading to Iraq Invasion

On the eve of a two-day NATO summit in Prague, Czech Republic, President Bush addresses the UN mandate for Iraq to declare its arsenal of unconventional weapons (see November 8, 2002): “Saddam Hussein has been given a very short time to declare completely and truthfully his arsenal of terror. Should he again deny that this arsenal exists, he will have entered his final stage with a lie. And deception this time will not be tolerated. Delay and defiance will invite the severest of consequences. America’s goal, the world’s goal, is more than the return of inspectors to Iraq. Our goal is to secure the peace through the comprehensive and verified disarmament of Iraq’s weapons of mass destruction. Voluntary or by force, that goal will be achieved.” [New York Times, 11/21/2002; US President, 11/25/2002] Bush is echoing and reiterating calls from conservatives and neoconservatives both inside and outside the White House to label Hussein a liar no matter what he declares (see November 20, 2002 and December 2, 2002). They go farther than Bush in demanding that the US invade Iraq as soon as the December 8 deadline for declaring his weapons expires (see December 7, 2002). Former ambassador Joseph Wilson will write: “If the neoconservatives had been angry before the UN deal—and they were—they were truly furious afterward. The ink on the resolution was barely dry before they launched attacks on [Secretary of State] Colin Powell for having led the president down the wrong path, one in which he was placing his faith in what they said was a feckless international community.” [Wilson, 2004, pp. 301]

Entity Tags: George W. Bush, Colin Powell, Joseph C. Wilson, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]

Entity Tags: Donald Rumsfeld, United Nations Monitoring, Verification and Inspection Commission, International Atomic Energy Agency, Hans Blix, Jacques Baute

Timeline Tags: Events Leading to Iraq Invasion

An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities.An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities. [Source: USGS via Microsoft]On behalf of the National Security Agency (NSA), AT&T constructs a secret, highly secured room in its network operations center in Bridgeton, Missouri, used to conduct secret government wiretapping operations. This is a larger and more elaborate “data mining” center than the one AT&T has constructed in San Francisco (see January 2003). Salon’s Kim Zetter will later write that the Bridgeton facility “had the earmarks of a National Security Agency operation,” including a sophisticated “mantrap” entrance using retinal and fingerprint scanners. Sometime in early 2003, AT&T technician Mark Klein (see July 7, 2009) discusses the Bridgeton facility with a senior AT&T manager, whom he will only identify as “Morgan.” The manager tells Klein that he considers the Bridgeton facility “creepy,” very secretive and with access restricted to only a few personnel. Morgan tells Klein that the secure room at Bridgeton features a logo on the door, which Klein will describe as “the eye-on-the-pyramid logo which is on the back of the dollar bill—and that got my attention because I knew that was for awhile the logo of the Total Awareness Program” (TIA-see Mid-January 2002, March 2002 and November 9, 2002). Klein notes that the logo “became such a laughingstock that they [the US government] withdrew it.” However, neither Klein nor Morgan find the NSA secure room at Bridgeton amusing. In June 2006, two AT&T workers will tell Zetter that the 100 or so employees who work in the room are “monitoring network traffic” for “a government agency,” later determined to be the NSA. Only government officials or AT&T employees with top-secret security clearance are admitted to the room, which is secured with a biometric “mantrap” or highly sophisticated double door, secured with retinal and fingerprint scanners. The few AT&T employees allowed into the room have undergone exhaustive security clearance procedures. “It was very hush-hush,” one of the AT&T workers will recall. “We were told there was going to be some government personnel working in that room. We were told: ‘Do not try to speak to them. Do not hamper their work. Do not impede anything that they’re doing.’” (Neither of Zetter’s sources is Klein, who by the time Zetter’s article is published in 2006, will have made his concerns about the NSA and AT&T public.) The Bridgeton facility is the central “command center” for AT&T’s management of all routers and circuits carrying domestic and international Internet traffic. Hence, it is the ideal location for conducting surveillance or collecting data. AT&T controls about a third of all bandwidth carrying Internet traffic to and from homes and businesses throughout the US. The two employees, who both will leave AT&T to work with other telecommunications firms, will say they cannot be sure what kinds of activities actually take place within the secret room. The allegations follow those made by Klein, who after his retirement (see May 2004) will submit an affidavit stating his knowledge of other, similar facilities in San Francisco and other West Coast switching centers, whose construction and operations were overseen by the NSA (see January 16, 2004 and January 2003); the two AT&T employees say that the orders for the San Francisco facility came from Bridgeton. NSA expert Matthew Aid will say of the Bridgeton facility, “I’m not a betting man, but if I had to plunk $100 down, I’d say it’s safe that it’s NSA.” Aid will say the Bridgeton facility is most likely part of “what is obviously a much larger operation, or series of interrelated operations” combining foreign intelligence gathering with domestic eavesdropping and data collection. Former high-level NSA intelligence officer Russell Tice will say bluntly: “You’re talking about a backbone for computer communications, and that’s NSA.… Whatever is happening there with the security you’re talking about is a whole lot more closely held than what’s going on with the Klein case.” The kind of vetting that the Bridgeton AT&T employees underwent points to the NSA, both Aid and Tice will say; one of the two AT&T employees who will reveal the existence of the Bridgeton facility will add, “Although they work for AT&T, they’re actually doing a job for the government.” Aid will add that, while it is possible that the Bridgeton facility is actually a center for legal FBI operations, it is unlikely due to the stringent security safeguards in place: “The FBI, which is probably the least technical agency in the US government, doesn’t use mantraps. But virtually every area of the NSA’s buildings that contain sensitive operations require you to go through a mantrap with retinal and fingerprint scanners. All of the sensitive offices in NSA buildings have them.” The American Civil Liberties Union’s Jameel Jaffer will add that when the FBI wants information from a telecom such as AT&T, it would merely show up at the firm with a warrant and have a wiretap placed. And both the NSA and FBI can legally, with warrants, tap into communications data using existing technological infrastructure, without the need for such sophisticated surveillance and data-mining facilities as the ones in Bridgeton and San Francisco. Both AT&T and the NSA will refuse to comment on the facilities in Bridgeton, citing national security concerns. [Salon, 6/21/2006; Klein, 2009, pp. 28-30]

Entity Tags: Terrorist Surveillance Program, National Security Agency, Russell Tice, Matthew Aid, Federal Bureau of Investigation, Kim Zetter, Mark Klein, AT&T, Jameel Jaffer, “Morgan” (senior AT&T manager), American Civil Liberties Union

Timeline Tags: Civil Liberties

Bush administration officials launch what appears to be a concerted effort to discredit the inspections after press reports indicate that inspections are going well and that Iraq is cooperating. The Washington Post reports, “In speeches in London, Washington and Denver, Bush, Vice President Cheney and Deputy Defense Secretary Paul Wolfowitz sought to increase pressure on Hussein in advance of a Sunday deadline for the Iraqi leader to declare his inventory of weapons and missiles.” The paper adds, “The coordinated speeches… seemed designed to preempt any positive sign from the UN inspection teams about Iraqi compliance and to set the stage for an early confrontation with Hussein.” [Washington Post, 12/3/2002]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, Paul Wolfowitz

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Saddam Hussein announces that he will continue to permit intrusive inspections. Two days before, inspectors had arrived unannounced at Saddam’s Sajoud palace and were given unfettered access to the site. Saddam says he hopes such visits will disprove US allegations that Iraq has weapons of mass destruction. [Washington Post, 12/6/2002]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

UNMOVIC weapons inspection leader Hans Blix calls on the US to share its secret intelligence with inspectors. “Of course we would like to have as much information from any member state as to evidence they may have on weapons of mass destruction, and, in particular, sites,” he says. “Because we are inspectors, we can go to sites. They may be listening to what’s going on and they may have lots of other sources of information. But we can go to the sites legitimately and legally.” The New York Times notes: “On one hand, administration officials are pressing him to work faster and send out more inspectors to more places to undermine Baghdad’s ability to conceal any hidden programs. At the same time, Washington has been holding back its intelligence, waiting to see what Iraq will say in its declaration.” [New York Times, 12/7/2002]

Entity Tags: Hans Blix

Timeline Tags: Events Leading to Iraq Invasion

UNMOVIC chief weapons inspector Hans Blix criticizes the US and British governments for failing to provide inspectors with the intelligence they need to locate Iraq’s alleged arsenal of banned weapons. Blix states, “If [Britain] and the US are convinced and they say they have evidence, then one would expect they would be able to tell us where is this stuff.” When asked if he is receiving enough cooperation from Western intelligence agencies, he answers, “Not yet. We get some, but we don’t get all we need.” [Independent, 12/21/2002] In response, US and British intelligence claim they will provide UN inspectors with higher quality intelligence. One official tells the New York Times, “We are going to give them one piece of information at a time, given strategically at the right moment.” Another official explains that the reason for this is because, “Based on our historical experience with UNSCOM, they had a very difficult time keeping information from falling into Iraqi hands.” [New York Times, 12/21/2002]

Entity Tags: Hans Blix

Timeline Tags: Events Leading to Iraq Invasion

The NSA’s secret room in the AT&T switching center.The NSA’s secret room in the AT&T switching center. [Source: PBS]Veteran AT&T technician Mark Klein (see July 7, 2009) takes an informal tour of his company’s facility on San Francisco’s Folsom Street (see Late 2002), along with three other technicians from his Geary Street offices. The tour, Klein will later say, is to introduce the four technicians to the Folsom Street staff, “because they were obviously eventually planning to bring us over there.” Klein learns that the rumors of a “secret room” in the facility are true (see Fall 2002). The secret room is on the facility’s sixth floor and is being built to house some sort of equipment, but Klein is unsure exactly what that equipment might be. Klein and the others see the outer door of the secret room, and a workman working on the door “suddenly [began talking to Klein and his colleages in a] very low voice like he didn’t want to be overheard. He felt like this was something secret, you know, and he didn’t know much about it, and he was saying: ‘None of us can go in there. It’s all secret.’ This was not only an affront to the technicians; it was a violation of union rules, because they were obviously planning to install telecommunications equipment, which is supposed to be the jurisdiction of the union technicians. We had a contract. So the technicians were not only angry about this secret thing that they’re not let in on, but also the fact that there’s work there that they’re excluded from. And they were told nothing about it. So that was it.” Klein is further surprised to learn that only a single non-union technician (whom he only identifies as “Ski,” an AT&T “field support specialist” who has been granted a security clearance by the National Security Agency (NSA)), is allowed to work in the secure room. No union technicians are allowed in, even though the installation work being done is specifically contracted to the union workers. “The regular technician work force was not allowed in the room,” Klein will later state. Klein deduces that this secret room is the long-rumored NSA installation he has been hearing about. Moreover, he notes with some alarm that the room is next door to the 4ESS phone switch, “the traditional workhorse used for AT&T long-distance calls.” Klein will write, “Now my mental alarm bells were ringing, but for the moment there was nothing to do but take some mental notes, particularly since it was not clear exactly what they [the NSA and AT&T] were doing.” [Wired News, 4/7/2006; Democracy Now!, 5/12/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 26-28] Klein will explain that he chooses not to say anything about his concerns because he is “scared for several reasons, one being, well, this is obviously secret. This is obviously some federal government secret operation that they don’t want nosy people nosing around in, and if I started asking questions I could get into trouble. Furthermore, our jobs were in jeopardy anyway, because [we] were always getting wind that they were planning to close our previous office at Geary Street, and I didn’t need to give them an excuse to fire me. So I thought after thinking about it that the best thing to do is not to say anything and just watch it.” [PBS Frontline, 5/15/2007] He later learns that similar cabinets are being installed in AT&T centers in other cities, including Seattle, San Jose, Los Angeles, and San Diego (see Late 2003). [Wired News, 4/7/2006] The Folsom Street facility is apparently connected to a more central surveillance facility operated out of one of AT&T’s main command centers in Missouri (see Late 2002-Early 2003).

Entity Tags: Bush administration (43), AT&T, Electronic Frontier Foundation, Mark Klein, Terrorist Surveillance Program, “Ski” (AT&T field support specialist), National Security Agency

Timeline Tags: Civil Liberties

An official with the International Atomic Energy Agency (IAEA) asks the US for information it has that can verify the claims of Iraqi attempts to buy Nigerien uranium (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). [Christian Science Monitor, 11/15/2005]

Entity Tags: International Atomic Energy Agency

Timeline Tags: Niger Uranium and Plame Outing

UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” [Guardian, 1/10/2003] But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” [Guardian, 1/10/2003] When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” [White House, 1/9/2003] John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” [Guardian, 1/10/2003] Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution [1441] (see November 8, 2002)…You don’t really have to have a smoking gun.” [News24, 1/10/2003] Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” [Guardian, 1/10/2003]

Entity Tags: John Negroponte, United Nations Monitoring, Verification and Inspection Commission, Ari Fleischer, Jeremy Greenstock, Hans Blix, Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

On January 9, 2003, the International Atomic Energy Agency (IAEA) publishes preliminary results of the UN’s renewed weapons inspections in Iraq, and finds no evidence at all that Iraq has resumed its nuclear weapons program. It also finds no evidence that Iraq has used aluminum tubes to generate nuclear material (see January 9, 2003). In 2004, the New York Review of Books will comment: “Given the importance the [Bush] administration had attached to this matter, this would have seemed news of the utmost significance. Yet it was largely ignored. The [New York] Times, which had so prominently displayed its initial story about the aluminum tubes, buried its main article about [it] on page A10.” At the time, the Bush administration is arguing that the UN inspections are meaningless (see January 9, 2003). IAEA spokesperson Mark Gwozdecky will later say: “Nobody wanted to challenge the president. Nobody wanted to believe inspections had anything of value to bring to the table. The press bought into that.” [New York Review of Books, 2/26/2004]

Entity Tags: International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Following press reports that the Bush administration has begun supplying inspectors with intelligence, director-general of the International Atomic Energy Agency (IAEA), Mohamed ElBaradei tells reporters that the inspection teams need “more actionable information” and that the US is still refusing to provide “specific intelligence about where to go and where to inspect.” He adds that “the inspections process will intensify to allow the inspections to speedup” if the Bush administration cooperates with inspectors. He also suggests that he does not think Iraq has a nuclear weapons program. He says: “I think it’s difficult for Iraq to hide a complete nuclear-weapons program. They might be hiding some computer studies or R. and D. on one single centrifuge. These are not enough to make weapons.” [Montreal Gazette, 1/11/2003; Washington Post, 1/11/2003; Time, 1/12/2003; Sun-Herald (Sydney), 1/12/2003] Richard A. Boucher, a spokesperson for the State Department, contests ElBaradei’s contention that inspectors have been given little to go on, saying, “I can certainly say that they’re getting the best we’ve got, and that we are sharing information with the inspectors that they can use, and based on their ability to use it.” [Washington Post, 1/11/2003]

Entity Tags: Bush administration (43), Mohamed ElBaradei, Richard A. Boucher

Timeline Tags: Events Leading to Iraq Invasion

Robert Bartley.Robert Bartley. [Source: Slate]The Wall Street Journal’s editorial page editor emeritus, Robert Bartley, acknowledges that Fox News’s slogan, “We report, you decide,” is a “pretense.” Bartley, a staunch conservative, writes: “Even more importantly, the amazing success of Roger Ailes at Fox News (see October 7, 1996) has provided a meaningful alternative to the Left-establishment slant of the major networks.… His news is no more tilted to the right than theirs has been on the left, and there’s no reason for him to drop his ‘we report, you decide’ pretense until they drop theirs” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 49] In May 2003, ABC News president David Westin will say: “I like ‘We report. You decide.’ It’s a wonderful slogan. Too often, I don’t think that’s what’s going on at Fox. Too often, they step over the line and try and help people decide what is right and wrong.” Fox News pundit and host Bill O’Reilly will agree. Asked whether a more accurate tag line for Fox might be “We report. We decide,” he will reply, “Well, you’re probably right.” Todd Gitlin of the Columbia Journalism School will add: “I find it hard to believe many Fox viewers believe Bill O’Reilly is a ‘no-spin zone,’ or ‘We report. You decide.’ It’s a joke. In Washington it reinforces the impression of ‘we happy few who are members of the club.’ It emboldens the right wing to feel justified and confident they can promote their policies.” [New Yorker, 5/26/2003]

Entity Tags: Fox News, David Westin, Wall Street Journal, Bill O’Reilly, Robert Bartley, Todd Gitlin, Roger Ailes

Timeline Tags: Domestic Propaganda

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, David S. Addington, Alberto Mora, John C. Yoo, Mary L. Walker, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Defense, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

The 9/11 Commission, officially titled the National Commission on Terrorist Attacks Upon the United States, holds its first meeting in Washington. The commission has $3 million and only a year and a half to explore the causes of the attacks. By comparison, a 1996 federal commission to study legalized gambling was given two years and $5 million. [Associated Press, 1/27/2003] Two months later the Bush administration grudgingly increases the funding to $12 million total (see March 26, 2003). [Associated Press, 1/27/2003] A few days later, Vice Chairman Lee Hamilton says, “The focus of the commission will be on the future. We want to make recommendations that will make the American people more secure.… We’re not interested in trying to assess blame, we do not consider that part of the commission’s responsibility.” [United Press International, 2/6/2003]

Entity Tags: Philip Zelikow, 9/11 Commission, Bush administration (43), Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Tyler Drumheller, the CIA’s chief of European operations, is “dumbfounded,” in author Craig Unger’s words, at the claims President Bush makes in his State of the Union speech (see 9:01 pm January 28, 2003). Bush and the CIA top brass had ignored Drumheller’s warnings that the intelligence about Iraq’s mobile biological laboratories is weak (see December 18-20, 2002), but Bush made the claim anyway. Just as bad, Bush made a direct reference to the long-disproven Iraq-Niger uranium deal (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The White House decided to justify the uranium claim by attributing it to Britain. Unger will write, “Not only had the president of the United States taken a statement that many in the administration knew to be a lie and used it as a cause for war, he had taken the cowardly way out and attributed it to a third party.” [Unger, 2007, pp. 273-274]

Entity Tags: Tyler Drumheller, Central Intelligence Agency, George W. Bush, Craig Unger

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Colin Powell and George Tenet, at the UN presentation.Colin Powell and George Tenet, at the UN presentation. [Source: CBS News]US Secretary of State Colin Powell presents the Bush administration’s case against Saddam to the UN Security Council, in advance of an expected vote on a second resolution that the US and Britain hope will provide the justification to use military force against Iraq. [US Department of State, 2/5/2003] At the insistence of Powell, CIA Director George Tenet is seated directly behind him to the right. “It was theater, a device to signal to the world that Powell was relying on the CIA to make his case that Iraq had weapons of mass destruction,” Vanity Fair magazine will later explain. [Bamford, 2004, pp. 371-2; Vanity Fair, 5/2004, pp. 232] In his speech before the Council, Powell makes the case that Iraq is in further material breach of past UN resolutions, specifically the most recent one, UN Resolution 1441 (see November 8, 2002). Sources cited in Powell’s presentation include defectors, informants, communication intercepts, procurement records, photographs, and detainees. [US Department of State, 2/5/2003] Most of the allegations made by Powell are later demonstrated to be false. “The defectors and other sources went unidentified,” the Associated Press will later report. “The audiotapes were uncorroborated, as were the photo interpretations. No other supporting documents were presented. Little was independently verifiable.” [Associated Press, 8/9/2003]
Iraq's December 7 Declaration Was Inaccurate - Powell contends that Iraq’s December 7 declaration was not complete. According to UN Resolution 1441 the document was supposed to be a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction. But Saddam has not done this, says Powell, who explains that Iraq has yet to provide sufficient evidence that it destroyed its previously declared stock of 8,500 liters of anthrax, as it claimed in the declaration. Furthermore, notes the secretary of state, UNSCOM inspectors had previously estimated that Iraq possessed the raw materials to produce as much as 25,000 liters of the virus. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003]
Iraq Has Ties to Al-Qaeda - Powell repeats earlier claims that Saddam Hussein’s government has ties to al-Qaeda. Powell focuses on the cases of the militant Islamic group Ansar-al-Islam and Abu Musab Zarqawi, a Jordanian-born Palestinian, who had received medical treatment in Baghdad during the summer of 2002 (see December 2001-Mid-2002). [US Department of State, 2/5/2003] However, just days before Powell’s speech, US and British intelligence officials—speaking on condition of anonymity—told the press that the administration’s allegations of Iraqi-al-Qaeda ties were based on information provided by Kurdish groups, who, as enemies of Ansar-al-Islam, should not be considered reliable. Furthermore, these sources unequivocally stated that intelligence analysts on both sides of the Atlantic remained unconvinced of the purported links between Iraq and al-Qaeda (see February 3-4, 2003). [Independent, 2/3/2003; Daily Telegraph, 2/4/2003] Powell also claims that Iraq provided “chemical or biological weapons training for two al-Qaeda associates beginning in December 2000.” The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim was not substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recounts the claim (see February 14, 2004). [CNN, 9/26/2002; New York Times, 7/31/2004; Newsweek, 7/5/2005] Larry Wilkerson, Powell’s chief of staff, will later say that neither he nor Powell ever received “any dissent with respect to those lines… indeed the entire section that now we know came from [al-Libi].” [Newsweek, 11/10/2005] Senior US officials will admit to the New York Times and Washington Post after the presentation that the administration was not claiming that Saddam Hussein is “exercising operational control” of al-Qaeda. [New York Times, 2/6/2003; Washington Post, 2/7/2003]
Iraq Has Missiles Capable of Flying Up to 1,200 Kilometers - Describing a photo of the al-Rafah weapons site, Powell says: “As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust vent on the right test stand is five times longer than the one on the left. The one of the left is used for short-range missiles. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers. This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” [US Department of State, 2/5/2003; New York Times, 2/5/2003] But according to the Associated Press, “… UN missile experts have reported inspecting al-Rafah at least five times since inspections resumed Nov. 27, have studied the specifications of the new test stand, regularly monitor tests at the installation, and thus far have reported no concerns.” [Associated Press, 2/7/2003] Similarly, Reuters quotes Ali Jassem, an Iraqi official, who explains that the large stand referred to in Powell’s speech is not yet in operation and that its larger size is due to the fact that it will be testing engines horizontally. [Reuters, 2/7/2003; Guardian, 2/15/2003] Several days later, Blix will report to the UN that “so far, the test stand has not been associated with a proscribed activity.” [Guardian, 2/15/2003]
Iraqis Attempted to Hide Evidence from Inspectors - Powell shows the UN Security Council satellite shots depicting what he claims are chemical weapons bunkers and convoys of Iraqi cargo trucks preparing to transport ballistic missile components from a weapons site just two days before the arrival of inspectors. “We saw this kind of housecleaning at close to 30 sites,” Powell explains. “We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?” [US Department of State, 2/5/2003] But the photos are interpreted differently by others. An unnamed UN official and German UN Inspector Peter Franck both say the trucks in the photos are actually fire engines. [Mercury News (San Jose), 3/18/2003; Agence France-Presse, 6/6/2003]
'Literally Removed the Crust of the Earth' - Another series of photos—taken during the spring and summer of 2002—show that Iraqis have removed a layer of topsoil from the al-Musayyib chemical complex. This piece of evidence, combined with information provided by an unnamed source, leads Powell to draw the following conclusion: “The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.” [US Department of State, 2/5/2003; Washington Post, 2/6/2003] Showing another series of pictures—one taken on November 10 (before inspections) and one taken on December 22—Powell says that a guard station and decontamination truck were removed prior to the arrival of inspectors. Powell does not explain how he knows that the truck in the photograph was a decontamination truck. [US Department of State, 2/5/2003; Washington Post, 2/6/2003; Washington Post, 2/6/2003] AP reporter Charles Hanley says that some of Powell’s claims that Iraq is hiding evidence are “ridiculous.” Powell says of a missile site, “This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” Hanley later says, “What he neglected to mention was that the inspectors were underneath, watching what was going on.” [PBS, 4/25/2007]
Communication Intercepts Demonstrate Iraqi Attempts to Conceal Information from Inspectors - Powell plays recordings of three conversations intercepted by US intelligence—one on November 26, another on January 30, and a third, a “few weeks” before. The conversations suggest that the Iraqis were attempting to hide evidence from inspectors. [New York Times, 2/5/2003; US Department of State, 2/5/2003; London Times, 2/6/2003; Sydney Morning Herald, 2/7/2003] Senior administration officials concede to the Washington Post that it was not known “what military items were discussed in the intercepts.” [Washington Post, 2/13/2003] Some critics argue that the intercepts were presented out of context and open to interpretation. [Sydney Morning Herald, 2/7/2003; Sydney Morning Herald, 2/9/2003] Others note that the conversations were translated from Arabic by US translators and were not analyzed or verified by an independent specialist. [Newsday, 2/6/2003]
Biological Weapons Factories - Colin Powell says that US intelligence has “firsthand descriptions” that Iraq has 18 mobile biological weapons factories mounted on trucks and railroad cars. Information about the mobile weapons labs are based on the testimonies of four sources—a defected Iraqi chemical engineer who claims to have supervised one of these facilities, an Iraqi civil engineer (see December 20, 2001), a source in “a position to know,” and a defected Iraqi major (see February 11, 2002). Powell says that the mobile units are capable of producing enough dry biological agent in a single month to kill several thousand people. He shows computer-generated diagrams and pictures based on the sources’ descriptions of the facilities. Powell says that according to the chemical engineer, during the late 1990s, Iraq’s biological weapons scientists would often begin the production of pathogens on Thursday nights and complete the process on Fridays in order to evade UNSCOM inspectors whom Iraq believed would not conduct inspections on the Muslim holy day. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003; Reuters, 2/11/2003] Powell tells the delegates, “The source was an eyewitness, an Iraqi chemical engineer, who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.” He displays models of the mobile trucks drawn from the source’s statements. [CBS News, 11/4/2007] Responding to the allegation, Iraqi officials will concede that they do in fact have mobile labs, but insist that they are not used for the development of weapons. According to the Iraqis, the mobile labs are used for food analysis for disease outbreaks, mobile field hospitals, a military field bakery, food and medicine refrigeration trucks, a mobile military morgue and mobile ice making trucks. [Guardian, 2/5/2003; ABC News, 5/21/2003] Iraq’s explanation is consistent with earlier assessments of the UN weapons inspectors. Before Powell’s presentation, Hans Blix had dismissed suggestions that the Iraqis were using mobile biological weapons labs, reporting that inspections of two alleged mobile labs had turned up nothing. “Two food-testing trucks have been inspected and nothing has been found,” Blix said. And Ewen Buchanan, spokesman for the UN Monitoring, Verification and Inspection Commission, said, “The outline and characteristics of these trucks that we inspected were all consistent with the declared purposes.” [Guardian, 2/5/2003; ABC News, 5/21/2003]
'Curveball' Primary Source of Claims - Powell’s case is further damaged when it is later learned that one of the sources Powell cited, the Iraqi major, had been earlier judged unreliable by intelligence agents at the Defense Intelligence Agency (see February 11, 2002). In May 2002, the analysts had issued a “fabricator notice” on the informant, noting that he had been “coached by [the] Iraqi National Congress” (INC) (see May 2002). But the main source for the claim had been an Iraqi defector known as “Curveball,” who was initially believed to be the brother of a top aide to Ahmed Chalabi. The source claimed to be a chemical engineer who had helped design and build the mobile labs. His information was passed to Washington through Germany’s intelligence service, the Bundesnachrichtendienst (BND), which had been introduced to the source by the INC. In passing along the information, the BND noted that there were “various problems with the source.” And only one member of the US intelligence community had actually met with the person—an unnamed Pentagon analyst who determined the man was an alcoholic and of dubious reliability. Yet both the DIA and the CIA validated the information. [Veteran Intelligence Professionals for Sanity, 8/22/2003; Los Angeles Times, 3/28/2004; Knight Ridder, 4/4/2004; Newsweek, 4/19/2004; Newsweek, 7/19/2004] Powell says that the US has three other intelligence sources besides Curveball for the mobile bioweapons labs. Powell will be infuriated to learn that none of those three sources ever corroborated Curveball’s story, and sometimes their information contradicted each other. One of the three had failed a polygraph test and was determined to have lied to his debriefers. Another had already been declared a fabricator by US intelligence community, and had been proven to have mined his information off the Internet. [Buzzflash (.com), 11/27/2007] In November 2007, Curveball is identified as Rafid Ahmed Alwan. Serious questions about Curveball’s veracity had already been raised by the time of Powell’s UN presentation. He will later be completely discredited (see November 4, 2007).
Further Problems with Mobile Lab Claims - In addition to the inspectors’ assessments and the dubious nature of the sources Powell cited, there are numerous other problems with the mobile factories claim. Raymond Zilinskas, a microbiologist and former UN weapons inspector, argues that significant amounts of pathogens such as anthrax, could not be produced in the short span of time suggested in Powell’s speech. “You normally would require 36 to 48 hours just to do the fermentation…. The short processing time seems suspicious to me.” He also says: “The only reason you would have mobile labs is to avoid inspectors, because everything about them is difficult. We know it is possible to build them—the United States developed mobile production plants, including one designed for an airplane—but it’s a big hassle. That’s why this strikes me as a bit far-fetched.” [Washington Post, 2/6/2003] After Powell’s speech, Blix will say in his March 7 report to the UN that his inspectors found no evidence of mobile weapons labs (see March 7, 2003). [CNN, 3/7/2003; Agence France-Presse, 3/7/2003; CNN, 3/7/2003] Reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, says in 2007, “[B]y the time Colin Powell goes to the UN to make the case for war, he shows the world artists’ conjectures based on analysts’ interpretations and extrapolations of Arabic-to-German-to-English translations of summary debriefing reports of interviews with a manic-depressive defector whom the Americans had never met. [CIA director George] Tenet told Powell that Curveball’s information was ironclad and unassailable. It was a travesty.” [Alternet, 10/22/2007]
'Four Tons' of VX Toxin - Powell also claims that Iraq has “four tons” of VX nerve toxin. “A single drop of VX on the skin will kill in minutes,” he says. “Four tons.” Hanley later notes, “He didn’t point out that most of that had already been destroyed. And, on point after point he failed to point out that these facilities about which he was raising such alarm were under repeated inspections good, expert people with very good equipment, and who were leaving behind cameras and other monitoring equipment to keep us a continuing eye on it.” [PBS, 4/25/2007]
Iraq is Developing Unmanned Drones Capable of Delivering Weapons of Mass Destruction - Powell asserts that Iraq has flight-tested an unmanned drone capable of flying up to 310 miles and is working on a liquid-fueled ballistic missile with a range of 745 miles. He plays a video of an Iraqi F-1 Mirage jet dispersing “simulated anthrax.” [US Department of State, 2/5/2003; New York Times, 2/5/2003; Washington Post, 2/6/2003] But the Associated Press will later report that the video was made prior to the 1991 Gulf War. Apparently, three of the four spray tanks shown in the film had been destroyed during the 1991 military intervention. [Associated Press, 8/9/2003]
Imported Aluminum Tubes were Meant for Centrifuge - Powell argues that the aluminum tubes which Iraq had attempted to import in July 2001 (see July 2001) were meant to be used in a nuclear weapons program and not for artillery rockets as experts from the US Energy Department, the INR, and the IAEA have been arguing (see February 3, 2003) (see January 11, 2003) (see August 17, 2001) (see January 27, 2003). To support the administration’s case, he cites unusually precise specifications and high tolerances for heat and stress. “It strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds US requirements for comparable rockets,” he says. “Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.” Powell also suggests that because the tubes were “anodized,” it was unlikely that they had been designed for conventional use. [US Department of State, 2/5/2003; Washington Post, 2/5/2003; Washington Post, 3/8/2003] Powell does not mention that numerous US nuclear scientists have dismissed this claim (see August 17, 2001) (see September 23, 2002) (see December 2002). [Albright, 10/9/2003] Powell also fails to say that Iraq has rockets identical to the Italian Medusa 81 mm rockets, which are of the same dimensions and made of the same alloy as the 3,000 tubes that were intercepted in July 2001 (see After January 22, 2003). [Washington Post, 8/10/2003] This had been reported just two weeks earlier by the Washington Post. [Washington Post, 1/24/2003] Moreover, just two days before, Powell was explicitly warned by the US State Department’s Bureau of Intelligence and Research not to cite the aluminum tubes as evidence that Iraq is pursuing nuclear weapons (see February 3, 2003). [Financial Times, 7/29/2003]
Iraq Attempted to Acquire Magnets for Use in a Gas Centrifuge Program - Powell says: “We… have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines. Both items can be used in a gas centrifuge program to enrich uranium. In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War.” [US Department of State, 2/5/2003; New York Times, 2/6/2003] Investigation by the UN’s International Atomic Energy Agency [IAEA] will demonstrate that the magnets have a dual use. IAEA Director Mohamed ElBaradei said a little more than a week before, on January 27, in his report to the Security Council: “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements.’ Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (see January 27, 2003) [Annan, 1/27/2003 pdf file] On March 7, ElBaradei will provide an additional update: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters and field telephones. Through visits to research and production sites, reviews of engineering drawings and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” (see March 7, 2003) [CNN, 3/7/2003]
Iraq Attempted to Purchase Machines to Balance Centrifuge Rotors - Powell states: “Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.” [US Department of State, 2/5/2003; New York Times, 2/6/2003]
Powell Cites Documents Removed from Home of Iraqi Scientist Faleh Hassan - Powell cites the documents that had been found on January 16, 2003 by inspectors with the help of US intelligence at the Baghdad home of Faleh Hassan, a nuclear scientist. Powell asserts that the papers are a “dramatic confirmation” that Saddam Hussein is concealing evidence and not cooperating with the inspections. The 3,000 documents contained information relating to the laser enrichment of uranium (see January 16, 2003). [Daily Telegraph, 1/18/2003; Associated Press, 1/18/2003; BBC, 1/19/2003; US Department of State, 2/5/2003] A little more than a week later, in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say, “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” [Guardian, 2/15/2003; BBC, 2/17/2003; Associated Press, 8/9/2003]
Iraq is Hiding Missiles in the Desert - Powell says that according to unidentified sources, the Iraqis have hidden rocket launchers and warheads containing biological weapons in the western desert. He further contends that these caches of weapons are hidden in palm groves and moved to different locations on a weekly basis. [US Department of State, 2/5/2003] It will later be suggested that this claim was “lifted whole from an Iraqi general’s written account of hiding missiles in the 1991 war.” [Associated Press, 8/9/2003]
Iraq Has Scud Missiles - Powell also says that according to unnamed “intelligence sources,” Iraq has a few dozen Scud-type missiles. [Associated Press, 8/9/2003]
Iraq Has Weapons of Mass Destruction - Secretary of State Colin Powell states unequivocally: “We… have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities. There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.” Elsewhere in his speech he says: “We know that Saddam Hussein is determined to keep his weapons of mass destruction, is determined to make more.” [US Department of State, 2/5/2003; CNN, 2/5/2003]
Governments, Media Reaction Mixed - Powell’s speech will fail to convince many skeptical governments, nor will it impress many in the European media. But it will have a tremendous impact in the US media (see February 5, 2003 and After).

Democratic Senators on the Senate Armed Services Committee accuse CIA Director George Tenet of sabotaging the weapons inspections by refusing to supply the inspectors with the intelligence they need to do their work. [Independent, 2/14/2003] Senator Carl Levin tells the Washington Post that according to declassified letters he has obtained from the CIA, dated Jan. 24 and Jan. 28, the agency has not provided inspectors with information about a “large number of sites of significant value.” Furthermore, the senator charges, the letters contradict on-the-record statements made by Tenet who on February 11 claimed that the US had provided inspectors with all the information it had concerning “high value and moderate value sites.” Commenting on this, he says, “When they’ve taken the position that inspections are useless, they are bound to fail,” adding, “We have undermined the inspectors since the beginning.” [Washington Post, 2/13/2003; Independent, 2/14/2003] Tenet will later acknowledge to Senator Levin—after the US invasion of Iraq—that his comments were not entirely accurate. [New York Times, 2/21/2004]

Entity Tags: Carl Levin, George J. Tenet

Timeline Tags: Events Leading to Iraq Invasion

The FBI gathered a significant amount of evidence that showed links between convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and 7:14 a.m. June 11, 2001) and white supremacists who had threatened to attack government buildings, according to investigative memos procured by the Associated Press. This evidence includes hotel receipts, a speeding ticket, prisoner interviews, informant reports, and phone records suggesting that McVeigh had contact with white supremacists connected to the Elohim City community (see 1983, January 23, 1993 - Early 1994, April 1993, October 12, 1993 - January 1994, August 1994 - March 1995, August - September 1994, September 12, 1994 and After, September 13, 1994 and After, November 1994, December 1994, February 1995, March 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, and Before 9:00 A.M. April 19, 1995). “It is suspected that members of Elohim City are involved either directly or indirectly through conspiracy,” FBI agents wrote in a memo shortly after the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). An FBI teletype shows that some of the supremacists who were present when McVeigh called Elohim City (see April 5, 1995) were familiar with explosives, and had made a videotape in February 1995 vowing to wage war against the federal government and promising a “courthouse massacre.” The AP notes that the Murrah Building, devastated by the blast, was directly across the street from the federal courthouse. The teletype also notes that two members of a violent Aryan Nation bank robbery gang who live in the Elohim City compound left the compound on April 16 for a location in Kansas a few hours away from where McVeigh completed the final assembly of the bomb (see 8:15 a.m. and After, April 18, 1995). Some of the evidence was not turned over to McVeigh’s lawyers for his trial. “They short-circuited the search for the truth,” says McVeigh’s original lead attorney, Stephen Jones. “I don’t doubt Tim’s role in the conspiracy. But I think he clearly aggrandized his role, enlarged it, to cover for others who were involved.” The FBI agent in charge of the investigation, Dan Defenbaugh, says he never saw the FBI teletype that linked McVeigh to the Elohim City community. He says he would not have considered the teletype a “smoking gun” that would have altered the outcome of the investigation, but his team “shouldn’t have been cut out. We should have been kept in on all the items of the robbery investigation until it was resolved as connected or not connected to Oklahoma City.” Defenbaugh adds that he knew nothing of a 1996 plea offer by prosecutors to one of the robbers, Peter Kevin Langan (identified by the AP as Kevin Peter Langan), who said he had information about the bombing. Langan made several demands the government was unwilling to meet, and the plea offer was rescinded. Langan’s lawyer later said Langan could disprove the April 19, 1995 alibis for two of the bank robbers, casting doubt on their denials of non-involvement with the bomb conspiracy. The FBI acknowledges its failure to turn over some documents, but says it found no evidence that McVeigh was involved with anyone in the conspiracy aside from his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). FBI spokesman Mike Kortan says: “We believe we conducted an exhaustive investigation that pursued every possible lead and ran it to ground. We are confident that those who committed the crime have been brought to justice and that there are no other accomplices out there.” Part of the problem, Defenbaugh says, was that white supremacist militia groups shared many of McVeigh’s far-right beliefs, and some had their own plans for carrying out bombings that had nothing to do with McVeigh’s tightly controlled conspiracy. “Even though we had our conspiracy theories, we still had to deal with facts and the fact is we couldn’t find anyone else who was involved,” Defenbaugh says. Jones says of the Elohim City connection: “I think Tim was there. I think he knew those people and I think some helped, if not in a specific way, in a general way.” Retired FBI agent Danny Coulson says: “I think you have too many coincidences here that raise questions about whether other people are involved. The close associations with Elohim City and the earlier plan to do the same Murrah building all suggest the complicity of other people.” [Associated Press, 2/13/2003]

Entity Tags: Federal Bureau of Investigation, Associated Press, Danny Coulson, Elohim City, Mike Kortan, Terry Lynn Nichols, Danny Defenbaugh, Timothy James McVeigh, Peter Kevin Langan, Stephen Jones

Timeline Tags: US Domestic Terrorism

Chief UN weapons inspector Hans Blix’s 12th quarterly report is circulated among UN Security Council members. The report will be presented orally to the Council on March 7 (see March 7, 2003). The report does not provide any evidence to support the US and British claim that Iraq has weapons of mass destruction or that is has any programs to develop such weapons. Blix does however say the Iraqis could do more to assist his team’s work. [Daily Telegraph, 2/28/2003; Associated Press, 2/28/2003; Guardian, 3/1/2003]

Entity Tags: Hans Blix

Timeline Tags: Events Leading to Iraq Invasion

Some of the documents turned over to the UN by Iraq.Some of the documents turned over to the UN by Iraq. [Source: CIA]United Nations Monitoring, Verification and Inspection Commission chief arms inspector Hans Blix provides a quarterly report to the UN Security Council on the progress of inspections in Iraq, as required by UN Security Resolution 1284 (1999). It is the twelfth such report since UNMOVIC’s inception. Blix’s report to the Council does not contain any evidence to support US and British claims that Iraq has weapons of mass destruction or the programs to develop such weapons. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003] International Atomic Energy Agency (IAEA) Director General Mohamed ElBaradei also reports to the Council and says there are no signs that Iraq has reconstituted its nuclear weapons program. [United Nations, 3/7/2003 pdf file]
UNMOVIC Report by Hans Blix -
bullet There is no evidence that Iraq has mobile biological weapons factories, as was recently alleged by Colin Powell in his February 5 presentation (see February 5, 2003) to the UN. “Several inspections have taken place… in relation to mobile production facilities,” Blix says. “No evidence of proscribed activities has so far been found.” He further explains that his inspectors had examined numerous mobile facilities and large containers with seed processing equipment. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Agence France-Presse, 3/7/2003]
bullet The Iraqi government has increased its cooperation with inspectors since the end of January. It is attempting to quantify the biological and chemical weapons that it says were destroyed in 1991. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraq’s destruction of several Al Samoud II missiles represents a real step towards disarmament. “The destruction undertaken constitutes a substantial measure of disarmament,” he says. “We are not watching the destruction of toothpicks. Lethal weapons are being destroyed.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003] Blix adds, “The destruction undertaken constitutes a substantial measure of disarmament—indeed, the first since the middle of the 1990s.” Major Corrine Heraud, the chief weapons inspector for UNMOVIC in this operation, calls the level of cooperation from the Iraqis “unprecedented,” something that she never would have expected and did not encounter during the 1996-98 inspections. [Middle East Policy Council, 6/2004]
bullet Blix says that the UN inspectors needed a few more months to finish their work. “Even with a proactive Iraqi attitude induced by continued outside pressure, it will still take some time to verify sites and items, analyze documents, interview relevant persons and draw conclusions,” he says, concluding, “It will not take years, nor weeks, but months.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraqi scientists have recently accepted inspectors’ requests to be interviewed without “minders.” “Since we started requesting interviews, 38 individuals were asked for private interviews, of which 10 accepted under our terms, seven during the past week,” Blix explains. [CNN, 3/7/2003]
bullet Some Iraqi scientists have agreed to interviews without “minders”—but more cooperation is needed. Blix says, “While the Iraqi side seems to have encouraged interviewees not to request the presence of Iraqi officials or the taping of the interviews, conditions ensuring the absence of undue influences are difficult to attain inside Iraq.” [CNN, 3/7/2003] Iraq needs to turn over more documents. “Iraq, with a highly developed administrative system, should be able to provide more documentary evidence about its proscribed weapons. Only a few new such documents have come to light so far and been handed over since we began.” [CNN, 3/7/2003] There is no evidence of underground weapons facilities. Blix says: “There have been reports, denied by Iraq, that proscribed activities are conducted underground. Iraq should provide information on underground structures suitable for the production or storage of weapons of mass destruction. During inspections of declared or undeclared facilities, inspectors examined building structures for any possible underground facilities. In addition, ground-penetrating radar was used in several locations. No underground facilities for chemical or biological production or storage were found.” [CNN, 3/7/2003]
IAEA report by Mohamed ElBaradei -
bullet There is no evidence that the aluminum tubes imported by Iraq in July 2001 were meant for a nuclear weapons program. ElBaradei says: “Extensive field investigation and document analysis have failed to uncover any evidence that Iraq intended to use these 81mm tubes for any project other than the reverse engineering of rockets.… Moreover, even had Iraq pursued such a plan, it would have encountered practical difficulties in manufacturing centrifuges out of the aluminum tubes in question.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003]
bullet There is no evidence that Iraq tried to obtain uranium from Niger. Documents provided to the International Atomic Energy Agency by the US were determined to be forgeries. The documents were a collection of letters between an Iraqi diplomat and senior Niger officials discussing Iraq’s interest in procuring a large amount of uranium oxide (see Afternoon October 7, 2002). “Based on thorough analysis, the IAEA has concluded, with the concurrence of outside experts, that documents which formed the basis for the reports of recent uranium transactions between Iraq and Niger are in fact not authentic,” ElBaradei explains. “We have therefore concluded that these specific allegations are unfounded” (see June 12, 2003). [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003; Globe and Mail, 3/8/2003; Guardian, 3/8/2003]
bullet The IAEA has yet to come across evidence of a nuclear weapons program. “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq,” ElBaradei states. “[T]here is no indication of resumed nuclear activities in those buildings that were identified through the use of satellite imagery as being reconstructed or newly erected since 1998, nor any indication of nuclear-related prohibited activities at any inspected sites.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Globe and Mail, 3/8/2003; Washington Post, 3/8/2003]
bullet In a direct response to allegations made by Colin Powell on February 5 (see February 5, 2003) related to the attempted procurement of magnets that could be used in a gas centrifuge, ElBaradei, says: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters, and field telephones. Through visits to research and production sites, reviews of engineering drawings, and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” [United Nations, 3/7/2003 pdf file]
bullet Iraq’s industrial capacity “has deteriorated” at the inspected sites because of lack of maintenance and funds. [United Nations, 3/7/2003 pdf file]
bullet ElBaradei concludes: “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq.… I should note that, in the past three weeks, possibly as a result of ever-increasing pressure by the international community, Iraq has been forthcoming in its cooperation, particularly with regard to the conduct of private interviews and in making available evidence that contributes to the resolution of matters of IAEA concern.” [Middle East Policy Council, 6/2004]
Inspections 'Fruitful,' Say French, Russians - Both sides claim that the reports give further support to each of their respective stances on the issue of Iraqi disarmament. French Foreign Minister Dominique de Villepin tells the Council that the reports “testify to the progress” of the inspections. He states that France will not support another resolution because “we cannot accept any ultimatum, any automatic use of force.” Russian Foreign Minister Igor Ivanov says that the reports demonstrate that inspections have been “fruitful.”
Inspections Not Working, US Claims - The Bush administration does not alter its position, despite statements by the two inspectors that Iraq is cooperating with inspections and complying with demands to disarm. Colin Powell, responding to the inspectors’ reports, reiterates the administration’s position that the inspections are not working and that Saddam is not cooperating. “We must not walk away,” Powell says. “We must not find ourselves here this coming November with the pressure removed and with Iraq once again marching down the merry path to weapons of mass destruction, threatening the region, threatening the world.” He claims that Iraq’s behavior is a “a catalog still of noncooperation” and repeats the administration’s allegation that the “Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” Back at the White House, Ari Fleischer tells reporters, “As the president has said, if the United Nations will not disarm Saddam Hussein, it will be another international organization, a coalition of the willing that will be made up of numerous nations that will disarm Saddam Hussein.” [CNN, 3/6/2003; CNN, 3/7/2003; Independent, 3/7/2003; US Department of State, 3/7/2003 pdf file]
Bush: Missile Destruction 'Meaningless' - Bush himself will call the destruction of Iraqi missiles “meaningless” and nothing more than an Iraqi “campaign of destruction,” shocking UNMOVIC inspectors: “We didn’t know what to make of [his words],” one inspector says afterwards. Former State Department official Patrick Lang will write: “In the final weeks of the countdown to war, the administration’s actions resembled nothing so much as some of the madder scenes from Alice in Wonderland. The fact that the documents the administration had used to ‘prove’ that Iraq was working on nuclear weapons were forged only led to greater insistence that Iraq was a danger. The absence of discovery of WMD by the UN inspectors was only further evidence that the Iraqis were the greatest deceivers in history and that they had succeeded in concealing their location. The destruction of the Al Samoud missiles was just more evidence of a ‘grand deception.’” [Middle East Policy Council, 6/2004]
Uranium Allegations 'Outrageous,' Says Former Ambassador - The Washington Post and Los Angeles Times do give the story front-page coverage, and on CNN, former ambassador Joseph Wilson (see July 6, 2003) calls the uranium allegation “outrageous,” adding that the claim “taints the whole rest of the case that the government is trying to build against Iraq.” The US government is “simply stupid” for not finding out the truth sooner: “a couple of phone calls” could have proven that such a deal between Iraq and Niger could not have happened: “All this stuff is open,” Wilson says. “It’s a restricted market of buyers and sellers.” [Rich, 2006, pp. 71]
IAEA Report 'Widely Ignored' - Author and media critic Frank Rich will later note, “With America’s March 17 deadline for war (see March 17, 2003 and March 17, 2003) dominating the news, ElBaradei’s pronoucements were widely ignored. The news of the forged uranium documents did not make any of the three network evening newscasts and did not appear in the following day’s New York Times. (It would turn up a day later, in a four-hundred word story on page A13.)” [Rich, 2006, pp. 71]

Entity Tags: Corrine Heraud, Ari Fleischer, Colin Powell, Dominique de Villepin, Patrick Lang, Frank Rich, Mohamed ElBaradei, International Atomic Energy Agency, Joseph C. Wilson, United Nations Monitoring, Verification and Inspection Commission, Igor Ivanov, Hans Blix

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

In a radio address, Bush asserts that “it is clear” from the report given by Chief United Nations Weapons Inspector Hans Blix to the UN Security Council the day before (see March 7, 2003) “that Saddam Hussein is still violating the demands of the United Nations by refusing to disarm.” While Blix described Iraq’s destruction of Al Samoud II missiles (see March 1, 2003) as significant, Bush downplays this, claiming the US has intelligence that Saddam Hussein “ordered the continued production of the very same type of missiles.” Near the conclusion of his radio address, Bush says: “We are doing everything we can to avoid war in Iraq. But if Saddam Hussein does not disarm peacefully, he will be disarmed by force.” [US President, 3/17/2003]

Entity Tags: George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band.The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band. [Source: Associated Press / Guardian]The Dixie Chicks, a modern country band from Texas, plays a concert in London. The band consists of three singers and multi-instrumentalists, Natalie Maines, Martie Maguire, and Emily Robison, and backing musicians. During the show, Maines says to the audience: “Just so you know, we’re on the good side with y’all. We do not want this war, this violence, and we’re ashamed that the president of the United States is from Texas.” The London Guardian, in a review of the show, reports the comments on March 12. Within days, Maines and the Dixie Chicks become the targets of intense and heavy criticism from conservative commentators and Bush supporters in the United States. Country music radio stations across the nation begin dropping their songs from their playlists, even though the Chicks currently have the top song in country music airplay, “Travelin’ Man.” Radio stations set up trash cans outside their stations for listeners to publicly discard their Dixie Chicks CDs, and some radio stations hold “disc-burning” and “disc-smashing” festivals featuring bonfires and tractors. Two radio station chains, Cox and Cumulus, ban the Chicks from being played on all the stations they own. Critics on Fox News and conservative radio shows nickname the band “the Dixie Sluts,” “Saddam’s Angels,” and other monikers. Country musician Toby Keith, a conservative and frequent guest on Fox News and radio talk shows, begins using a backdrop at his concerts featuring a photo montage putting Maines together with Saddam Hussein. Maines reluctantly accepts 24-hour security from the barrage of death threats she receives. She quickly issues an apology, saying, “Whoever holds that office [the presidency] should be treated with the utmost respect,” but the apology makes little difference to many. Indeed, the band does not back away from its position: Robison will later say: “Everybody talks about how this war was over quickly and not that many people died. Tell that to the parents of people coming home in body bags.… Natalie’s comment came from frustration that we all shared—we were apparently days away from war (see March 19, 2003) and still left with a lot of questions.” Maines will later say: “The thing is, it wasn’t even a political statement. It was a joke made to get cheers and applause and to entertain, and it did. But it didn’t entertain America.” Maines will later say the controversy starts on a right-wing message board and blog called Free Republic. Music producer and comedian Simon Renshaw, a close friend of the band members, agrees with Maines, saying: “The extreme right-wing group, for their own political reasons, are attempting to manipulate the American media, and the American media is falling for it. The Free Republic is very well organized. There’s definitely a Free Republic hit list with all of the radio stations they’re trying to affect, and they are totally focused, and the girls are going to get whacked.” Documentary maker Barbara Kopple, who is making a film about the group, will later say: “[The c]ountry music [industry] put[s] sort of their musicians in a box, and they’re expected to be very conservative in their leanings, and these were three all-American girls that nobody ever expected this from. So when Natalie made her statement, it was as if she had betrayed country music. There was a massive boycott on playing any of their music. There was this group called the Free Republic that immediately got on Web sites and blogs and everything else to make sure that their music was not shown, their CDs were trampled, and for this, they even got death threats. So they had to have bomb-sniffing dogs, they had security, and nothing could stop these women from playing.” Kopple cites one example of a very specific and credible death threat issued for a July 6, 2003 concert in Dallas, but the three band members insist on playing, and the concert goes off without incident. In April 2003, Maines says: “People think this’ll scare us and shut us up and it’s gonna do the opposite. They just served themselves a huge headache.” [Guardian, 3/12/2003; Guardian, 4/25/2003; Democracy Now!, 2/15/2007] Eventually, their CD sales begin to rebound, and in 2007, they will win five Grammy awards, an accomplishment many will see as a vindication of the Dixie Chicks’s music and their right to freedom of speech, as well as something of a repudiation of the Nashville-based country music industry. Music executive Jeff Ayeroff will note that “the artist community… was very angry at what radio did, because it was not very American.” Music executive Mike Dungan, a powerful member of the country music industry, says of the awards, “I think it says that, by and large, the creative community sees what has happened to the Dixie Chicks as unfair and unjust.” [New York Times, 2/13/2007]

Entity Tags: Martie Maguire, Dixie Chicks, Barbara Kopple, Emily Robison, Jeff Ayeroff, Simon Renshaw, Toby Keith, Mike Dungan, Natalie Maines, Free Republic

Timeline Tags: Domestic Propaganda

In a response to a recent report from the International Atomic Energy Agency debunking the Iraq-Niger uranium claims (see March 7, 2003), and a report from the Defense Intelligence Agency that claims the allegations are true, a CIA senior-level report concludes, “We do not dispute the IAEA director general’s conclusion—last Friday before the UN Security Council—that documents on Iraq’s agreement to buy uranium from Niger are not authentic.” [Central Intelligence Agency, 4/3/2003 pdf file; Central Intelligence Agency, 5/30/2003 pdf file]

Entity Tags: Defense Intelligence Agency, International Atomic Energy Agency, Central Intelligence Agency

Timeline Tags: Niger Uranium and Plame Outing

Erica Chase, a member of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of plotting to blow up Jewish and African-American landmarks in and around Boston. Her boyfriend, Leo Felton, a member of the small white supremacist group The White Order of Thule, is also convicted of the same set of crimes. Chase is given five years in prison by US District Court Judge Nancy Gertner, who calls the plans “hateful” and “horrible”; Felton, who has served time for attempting to murder an African-American taxi driver, receives nearly 22 years in prison. Prosecutors accused Chase and Felton of plotting to foment a “racial holy war” (see 1973). Chase tells the court that she is sorry for her role in the plot and no longer harbors her racial hatreds. “I didn’t see how ugly and disturbing my life was when I was living in the middle of it. I had to be ripped out of it,” she says. “I have a lot of shame for everything.” The couple was arrested in August 2001 for passing counterfeit bills. Prosecutors said that Felton made the counterfeit money to help fund the plan, which included the use of a “fertilizer bomb” similar to that used in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The defense argued that the two were prosecuted solely for their white supremacist beliefs. [Associated Press, 3/13/2003]

Entity Tags: Leo Felton, Erica Chase, Nancy Gertner, The White Order of Thule, World Church of the Creator

Timeline Tags: US Domestic Terrorism

Senator John D. Rockefeller (D-WV), the ranking Democrat on the Senate Intelligence Committee, writes a letter to FBI Director Robert Mueller. Rockefeller asks for an FBI investigation of the forged Iraq-Niger documents (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), because “the fabrication of these documents may be part of a larger deception campaign aimed at manipulating public opinion and foreign policy regarding Iraq.” An FBI inquiry, Rockefeller writes, “should, at a minimum, help to allay any concerns” that the Bush administration itself created the documents to build support for the war. Committee chairman Pat Roberts (R-KS) refuses to sign the letter [Washington Post, 3/22/2003; Unger, 2007, pp. 292] , saying he believes it would be inappropriate for the FBI to launch such an inquiry. Secretary of State Colin Powell denies any role by the US government in creating the documents. [Associated Press, 3/14/2003] The FBI will not respond to Rockefeller’s request. [Future of Freedom Foundation, 9/2003]

Entity Tags: Robert S. Mueller III, John D. Rockefeller, Federal Bureau of Investigation, Colin Powell, Senate Intelligence Committee, Pat Roberts

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

During an appearance on NBC’s Meet The Press, Vice President Dick Cheney says: “[Saddam Hussein has] had years to get good at [deceiving weapons inspectors] and we know he has been absolutely devoted to trying to acquire nuclear weapons. And we believe he has, in fact, reconstituted nuclear weapons. I think Mr. ElBaradei frankly is wrong [about rejecting US claims concerning Iraq’s nuclear weapons program—see March 7, 2003] ]. And I think if you look at the track record of the International Atomic Energy Agency and this kind of issue, especially where Iraq’s concerned, they have consistently underestimated or missed what it was Saddam Hussein was doing. I don’t have any reason to believe they’re any more valid this time than they’ve been in the past.” Cheney also insists that the US invasion force will be welcomed by the Iraqis. “I really do believe that we will be greeted as liberators,” he says. “The read we get on the people of Iraq is there is no question but what they want to the get rid of Saddam Hussein and they will welcome as liberators the United States when we come to do that.” [Meet the Press, 3/16/2002; Sunday Herald (Glasgow), 7/13/2003]

Entity Tags: Richard (“Dick”) Cheney, Saddam Hussein, International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion

UN Secretary General Kofi Annan orders all UN weapons inspectors, peacekeepers, and humanitarian aid workers to withdraw from Iraq. [Washington File, 3/17/2003] UN inspectors have been in Iraq since November 18 (see November 18, 2002). During their four months of work in Iraq, they inspected hundreds of sites (some of them more than once) and found no evidence of ongoing WMD programs. Their work was reportedly obstructed, not by the Iraqis, but by the US, which refused to provide inspectors with the intelligence they needed to identify sites for inspection (see February 12, 2003, December 5, 2002, December 6, 2002, December 20, 2002, and January 11, 2003). Of the 105 sites identified by US intelligence as likely housing illicit weapons, 21 were deliberately withheld from inspectors. [Bamford, 2004, pp. 344] Reflecting on the inspections in 2009, Hans Blix, the chief of the UN weapons inspection team, will say: “In March 2003, when the invasion took place, we could not have stood up and said, ‘There is nothing,’ because to prove the negative is really not possible. What you can do is to say that we have performed 700 inspections in some 500 different sites, and we have found nothing, and we are ready to continue. If we had been allowed to continue a couple of months, we would have been able to go to all of the some hundred sites suggested to us, and since there weren’t any weapons of mass destruction, that’s what we would have reported. And then I think that, at that stage, certainly the intelligence ought to have drawn the conclusion that their evidence was poor.” [Vanity Fair, 2/2009]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Bush administration (43), International Atomic Energy Agency, Hans Blix, Kofi Annan

Timeline Tags: Events Leading to Iraq Invasion

Ervin Elbert Hurlbert and Donald Little are arrested while trying to impersonate “Montana marshals” in order to facilitate the escape of Montana Freemen (see 1993-1994) leader LeRoy Schweitzer (see 1983-1995) from a federal prison in Edgefield, South Carolina. Schweitzer is serving a 22-year sentence for a variety of crimes relating to bank and check fraud (see July 3-8, 1998 and March 16, 1999). Both Hurlbert and Little are arraigned for attempting to aid a prisoner’s escape; Hurlbert is also charged with impersonating a law enforcement officer. The two enter the lobby of the Edgefield prison, identify themselves to a prison official as “Montana marshals,” and tell the official that they are there to take custody of Schweitzer. They give the official documents to “prove” their assertion, including a writ demanding that the warden relinquish custody of Schweitzer to “Marshal Ervin Elbert clan of Hurlbert.” One of the documents reads, “United States of America Special appointed Marshal Ervin Elbert: clan of Hurlbert shall assume full responsibility for the custody of the Justice/Petitioner,” meaning Schweitzer. The documents state that Schweitzer is “volunteering to return to the Country of Montana.” The documents are signed by Schweitzer and three former Edgefield inmates. Instead of releasing Schweitzer, prison officials notify local law enforcement, and sheriff’s deputies arrest Hurlbert and Little. FBI agent Deborah DeVito tries to interview Little, but he refuses to answer questions and instead repeats the claim that he is a “process server, noncombatant.” Little also tells DeVito that he is not a United States citizen but an “American National Citizen” and a foreigner from the “Country of Montana.” Hurlbert waives his legal rights, but refuses to sign a waiver form, telling DeVito that he owns his name and will not sign anything. Hurlbert says Schweitzer sent him the documents. He also tells DeVito that the codes of the “Country of Montana permit the establishment of their own Supreme Court and Justices.” Hurlbert says he had no intention of using violence, but admits to having a pistol in his vehicle. He says the gun is registered in the “Country of Montana.” [Associated Press, 3/25/2003]

Entity Tags: Montana Freemen, Deborah DeVito, Donald Little, LeRoy Schweitzer, Ervin Elbert Hurlbert

Timeline Tags: US Domestic Terrorism

The New York Times reveals that CIA analysts acknowledge being pressured to shape their intelligence reports on Iraq to conform to Bush administration policies. In particular, they were pressured to find or create evidence that Iraq had links to al-Qaeda. [New York Times, 3/23/2003] In 2004, Times editor Daniel Okrent will admit that the story was “completed several days before the invasion (see March 19, 2003) and unaccountably held for a week,” not appearing until three days after the war began, when it “was interred on Page B10.” [New York Times, 5/30/2004; Rich, 2006, pp. 192] For months, some CIA analysts have privately expressed concerns over the forcible shaping of their reports to colleagues and Congressional officials, but until now have not revealed those concerns to reporters. “A lot of analysts have been upset about the way the Iraq-al-Qaeda case has been handled,” a senior intelligence official says. The revelation that the claims of Iraq’s attempt to buy uranium from Niger were false (see March 7, 2003) sparked some analysts to come forward. One government official says, “The forgery heightened people’s feelings that they were being embarrassed by the way Iraqi intelligence has been handled.” The intelligence official says: “As we have become an integral component informing the debate for policy makers, we have been asked a lot of questions. I’m sure it does come across as a pressured environment for analysts. I think there is a sense of being overworked, a sense among analysts that they have already answered the same questions. But if you talk to analysts, they understand why people are asking, and why policy makers aren’t accepting a report at face value.” Other analysts have discussed leaving the agency over their frustration with the way intelligence is being manipulated by the Bush administration. Another government official says, “Several people have told me how distraught they have been about what has been going on.” A CIA official says no analysts have resigned in protest over the management of Iraqi intelligence. [New York Times, 3/23/2003]

Entity Tags: Daniel Okrent, Bush administration (43), Al-Qaeda, Central Intelligence Agency, New York Times

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

The first details of the interrogation of alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) are leaked to the press and appear in the Washington Post. At least some of the information appears to come from a report on KSM’s interrogation drafted four days ago. According to the Post article, KSM claims that Zacarias Moussaoui, an al-Qaeda operative arrested in the US in August 2001 (see August 16, 2001), was not part of the 9/11 plot and was scheduled for a follow-up attack. He also says that Moussaoui was helped by Jemaah Islamiyah leader Hambali and Yazid Sufaat, one of Hambali’s associates. KSM reportedly says Sufaat attempted to develop biological weapons for al-Qaeda, but failed because he could not obtain a strain of anthrax that could be dispersed as a weapon. This information appears to be based on a CIA report of KSM’s interrogation drafted on March 24, which discussed KSM’s knowledge of Moussaoui’s stay in Malaysia, where he met both Hambali and Sufaat (see March 24, 2003). The Post notes that if KSM’s claim about Moussaoui were true, this could complicate the prosecution of Moussaoui. For example, it quotes former prosecutor Andrew McBride saying that “on the death penalty, it is quite helpful to Moussaoui.” [Washington Post, 3/28/2003] During the Moussaoui trial, the statement about Moussaoui’s non-involvement in the 9/11 operation will be submitted to the jury as a part of a substitution for testimony by KSM. [US District Court for the Eastern District of Virginia, 7/31/2006 pdf file] Moussaoui will escape the death penalty by one vote (see May 3, 2006). During this month, KSM is in CIA custody and is waterboarded 183 times over five days (see After March 7, 2003 and April 18, 2009). The claim about Moussaoui is not the full truth, as a communications intercept between KSM and his associate Ramzi bin al-Shibh in July 2001 showed that KSM was considering Moussaoui for the 9/11 plot (see July 20, 2001).

Entity Tags: Andrew McBride, Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Author Rajiv Chandrasekaran, holding a copy of his 2006 book, ‘Imperial Life in the Emerald City.’Author Rajiv Chandrasekaran, holding a copy of his 2006 book, ‘Imperial Life in the Emerald City.’ [Source: Daylife (.com)]Americans who want to work for the Coalition Provisional Authority (CPA) in the so-called “Green Zone,” the fenced-off area of Baghdad also called “Little America” and the hub of US governmental and corporate activities, are routed through Jim O’Beirne, a political functionary in the Pentagon whose wife is prominent conservative columnist Kate O’Beirne.
Focus on Ideology, Not Experience or Expertise - O’Beirne is less interested in an applicant’s expertise in Middle Eastern affairs or in post-conflict resolution than he is in an applicant’s loyalty to the Bush administration. Some of the questions asked by his staff to applicants: Did you vote for George W. Bush in 2000? Do you support the way the president is fighting the war on terror? According to author Rajiv Chandrasekaran, two applicants were even grilled about their views on abortion and Roe v. Wade (see January 22, 1973). While such questions about political beliefs are technically illegal, O’Beirne uses an obscure provision in federal law to hire most staffers as “temporary political appointees,” thus allowing him and his staff to skirt employment regulations that prohibit such questioning. The few Democrats who are hired are Foreign Service employees or active-duty soldiers, and thus protected from being questioned about their politics.
Unskilled Applicants - The applicants chosen by O’Beirne and his staff often lack the most fundamental skills and experience. The applicant chosen to reopen Baghdad’s stock exchange is a 24-year old with no experience in finance, but who had submitted an impressively loyalist White House job application (see April 2003 and After). The person brought in to revamp Iraq’s health care system is chosen for his work with a faith-based relief agency (see April 2003 and After). The man chosen to retool Iraq’s police forces is a “hero of 9/11” who completely ignores his main task in favor of taking part in midnight raids on supposed criminal hangouts in and around Baghdad (see May 2003 - July 2003). And the manager of Iraq’s $13 billion budget is the daughter of a prominent neoconservative commentator who has no accounting experience, but graduated from a favored evangelical university for home-schooled children.
Selection Process - O’Beirne seeks resumes from the offices of Republican congressmen, conservative think tanks, and Republican activists. He thoroughly weeds out resumes from anyone he deems ideologically suspect, even if those applicants speak Arabic or Farsi, or possess useful postwar rebuilding experience. Frederick Smith, currently the deputy director of the CPA, will later recall O’Beirne pointing to one young man’s resume and pronouncing him “an ideal candidate.” The applicant’s only real qualification is his job working for the Republican Party in Florida during the 2000 presidential recount.
Comment by Employee - A CPA employee writes a friend about the recruitment process: “I watched resumes of immensely talented individuals who had sought out CPA to help the country thrown in the trash because their adherence to ‘the president’s vision for Iraq’ (a frequently heard phrase at CPA) was ‘uncertain.’ I saw senior civil servants from agencies like Treasury, Energy… and Commerce denied advisory positions in Baghdad that were instead handed to prominent RNC (Republican National Committee) contributors.”
Result: Little Reconstruction, Billions Wasted or Disappeared - In 2006, Chandrasekaran will write: “The decision to send the loyal and the willing instead of the best and the brightest is now regarded by many people involved in the 3 1/2-year effort to stabilize and rebuild Iraq as one of the Bush administration’s gravest errors. Many of those selected because of their political fidelity spent their time trying to impose a conservative agenda on the postwar occupation, which sidetracked more important reconstruction efforts and squandered goodwill among the Iraqi people, according to many people who participated in the reconstruction effort.” Smith will later say: “We didn’t tap—and it should have started from the White House on down—just didn’t tap the right people to do this job. It was a tough, tough job. Instead we got people who went out there because of their political leanings.” The conservative ideologues in the CPA will squander much of the $18 billion in US taxpayer dollars allocated for reconstruction, some on pet projects that suit their conservative agenda but do nothing for Iraqi society, and some never to be traced at all. “Many of the basic tasks Americans struggle to accomplish today in Iraq—training the army, vetting the police, increasing electricity generation—could have been performed far more effectively in 2003 by the CPA,” Chandrasekaran will write.
Projects - Instead of helping rebuild Iraq—and perhaps heading off the incipient insurgency—CPA ideologues will spend billions on, among other things, rewriting Iraqi tax law to incorporate the so-called “flat tax,” selling off billions of dollars’ worth of government assets, terminating food ration distribution, and other programs.
Life in Green Zone - Most spend almost all of their time “cloistered” in the Green Zone, never interacting with real Iraqi society, where they create what Chandrasekaran later calls “a campaign war room” environment. “Bush-Cheney 2004” stickers, T-shirts, and office desk furnishings are prominently displayed. “I’m not here for the Iraqis,” one staffer tells a reporter. “I’m here for George Bush.” Gordon Robison, then an employee in the Strategic Communications office, will later recall opening a package from his mother containing a book by liberal economist Paul Krugman. The reaction among his colleagues is striking. “It was like I had just unwrapped a radioactive brick,” he will recall. [Washington Post, 9/17/2006]

Entity Tags: Gordon Robison, Bush administration (43), Coalition Provisional Authority, Frederick Smith, US Department of Defense, Republican National Committee, Rajiv Chandrasekaran, Kate O’Beirne, Jim O’Beirne

Timeline Tags: Iraq under US Occupation

Senator Rick Santorum (R-PA) makes a controversial statement concerning gay rights. He makes the statements in an interview with an Associated Press reporter on April 7; the interview will be published on April 20. Santorum, a fervent anti-gay activist, explains his opposition to gay rights, saying: “I have no problem with homosexuality. I have a problem with homosexual acts. As I would with acts of other, what I would consider to be, acts outside of traditional heterosexual relationships. And that includes a variety of different acts, not just homosexual. I have nothing, absolutely nothing against anyone who’s homosexual. If that’s their orientation, then I accept that. And I have no problem with someone who has other orientations. The question is, do you act upon those orientations? So it’s not the person, it’s the person’s actions. And you have to separate the person from their actions.” Asked if the law should ban homosexual acts, Santorum responds by criticizing a recent Supreme Court decision striking down a Texas anti-sodomy statute, saying: “We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does. It all comes from, I would argue, this right to privacy that doesn’t exist in my opinion in the United States Constitution, this right that was created, it was created in Griswold—Griswold was the contraceptive case—and abortion. [Santorum is referring to Griswold v. Connecticut, wherein the US Supreme Court threw out a Connecticut ban on contraception.] And now we’re just extending it out. And the further you extend it out, the more you—this freedom actually intervenes and affects the family. You say, ‘Well, it’s my individual freedom.’ Yes, but it destroys the basic unit of our society because it condones behavior that’s antithetical to strong healthy families. Whether it’s polygamy, whether it’s adultery, where it’s sodomy, all of those things, are antithetical to a healthy, stable, traditional family. Every society in the history of man has upheld the institution of marriage as a bond between a man and a woman. Why? Because society is based on one thing: that society is based on the future of the society. And that’s what? Children. Monogamous relationships. In every society, the definition of marriage has not ever to my knowledge included homosexuality. That’s not to pick on homosexuality. It’s not, you know, man on child, man on dog, or whatever the case may be. It is one thing.” The unidentified reporter interrupts Santorum by saying, “I’m sorry, I didn’t think I was going to talk about ‘man on dog’ with a United States senator, it’s sort of freaking me out.” Santorum defends his juxtaposition by saying: “And that’s sort of where we are in today’s world, unfortunately. The idea is that the state doesn’t have rights to limit individuals’ wants and passions. I disagree with that. I think we absolutely have rights because there are consequences to letting people live out whatever wants or passions they desire. And we’re seeing it in our society.” Santorum says that if elected president, he would let “the democratic process” decide on a state level whether to limit or remove the constitutional right to privacy. “If New York doesn’t want sodomy laws, if the people of New York want abortion, fine. I mean, I wouldn’t agree with it, but that’s their right. But I don’t agree with the Supreme Court coming in,” he says. [Associated Press, 4/23/2003; CNN, 4/23/2003] Santorum’s remarks will draw heavy criticism. The Associated Press reporter who interviews Santorum is later identified as Lara Jakes Jordan; the AP often does not identify reporters with a byline (see April 23, 2003 and After).

Entity Tags: Lara Jakes Jordan, US Supreme Court, Rick Santorum, Associated Press

Timeline Tags: Domestic Propaganda

Patrick Guerreiro, the head of the Log Cabin Republicans, whose organization objects to Rick Santorum’s rhetoric about homosexuals.Patrick Guerreiro, the head of the Log Cabin Republicans, whose organization objects to Rick Santorum’s rhetoric about homosexuals. [Source: Americans for Truth about Homosexuality (.com)]Recent remarks by Senator Rick Santorum (R-PA) alleging that granting rights to homosexuals would also grant Americans the right to commit incest, child rape, and bestiality (see April 7, 2003) draw heavy criticism from both pro-gay organizations and political opponents. Winnie Stachelberg of the gay advocacy organization Human Rights Campaign says: “Senator Santorum’s remarks are deeply hurtful and play on deep-seated fears that fly in the face of scientific evidence, common sense, and basic decency. Clearly, there is no compassion in his conservatism.” Stachelberg asks Republican Congressional leaders to repudiate Santorum’s remarks. The Democratic Senatorial Campaign Committee (DSCC) calls on Santorum to resign as chairman of the Republican Senate Caucus, the number three position in the GOP leadership; Santorum does not do so. The DSCC’s Brad Woodhouse says, “Senator Santorum’s remarks are divisive, hurtful, and reckless and are completely out of bounds for someone who is supposed to be a leader in the United States Senate.” Senate Minority Leader Tom Daschle (D-SD) says Santorum’s position is “out of step with our country’s respect for tolerance.” Senator John Kerry (D-MA), a Democratic presidential contender, criticizes the White House for not speaking out against Santorum’s statements, saying, “The White House speaks the rhetoric of compassionate conservatism, but they’re silent while their chief lieutenants make divisive and hurtful comments that have no place in our politics.” Democratic presidential contender Howard Dean (D-VT) joins in calls for Santorum to step down from the RSC post, saying: “Gay-bashing is not a legitimate public policy discussion; it is immoral. Rick Santorum’s failure to recognize that attacking people because of who they are is morally wrong makes him unfit for a leadership position in the United States Senate. Today, I call on Rick Santorum to resign from his post as Republican Conference chairman.” Patrick Guerriero of the Republican pro-gay group, the Log Cabin Republicans, says that Santorum should either apologize or step down from his post as RSC chair: “If you ask most Americans if they compare gay and lesbian Americans to polygamists and folks who are involved in incest and the other categories he used, I think there are very few folks in the mainstream who would articulate those views.” Santorum’s remarks make it difficult to characterize the GOP as inclusive, Guerriero adds. [CNN, 4/23/2003; CNN, 4/23/2003] Guerriero later tells a gay advocacy newspaper: “Log Cabin Republicans are entering a new chapter. We’re no longer thrilled simply about getting a meeting at the White House. We’re organized enough to demand full equality. I’ve heard that vibration since I’ve been in Washington—that people in the party are taking us for granted. To earn respect, we have to start demanding it.… One of the most disappointing things about this episode is that we’ve spent a lot of time with the senator trying to find common ground. This is how he repays us? There is a sad history of Republican leaders choosing to go down this path, and he should’ve known better.” Another, less prominent Republican pro-gay organization, the Republican Unity Coalition, denounces Santorum’s views but stands by his right to hold them. [The Advocate, 6/10/2003] Some Republican senators join in criticizing Santorum. Susan Collins (R-ME) says Santorum’s choice of words is “regrettable” and his legal analysis “wrong.” Olympia Snowe (R-ME) says, “Discrimination and bigotry have no place in our society, and I believe Senator Santorum’s remarks undermine Republican principles of inclusion and opportunity.” Lincoln Chafee (R-RI) says: “I thought his choice of comparisons was unfortunate and the premise that the right of privacy does not exist—just plain wrong. Senator Santorum’s views are not held by this Republican and many others in our party.” Gordon Smith (R-OR) says that “America and the Republican Party” no longer equate “sexual orientation with sexual criminality. While Rick Santorum intended to reiterate the language of an old Supreme Court decision, he did so in a way that was hurtful to the gay and lesbian community.” And John McCain (R-AZ) says: “I think that he may have been inartful in the way that he described it. I believe that—coming from a person who has made several serious gaffes in my career—that the best thing to do is to apologize if you’ve offended anyone. Because I’m sure that Rick did not intend to offend anyone. Apologize if you did and move on.” [Salon, 4/26/2003] The only openly gay member of the House of Representatives, Barney Frank (D-MA), says of Santorum: “The only surprise is he’s being honest about it. This kind of gay bashing is perfectly acceptable in the Republican Party.” Kim Gandy, president of the National Organization for Women (NOW), calls Santorum’s remarks “stunning” and adds: “Rick Santorum is afflicted with the same condition as Trent Lott—a small mind but a big mouth. [Gandy is referring to Lott’s forcible removal from his position as Senate majority leader in 2002 after making pro-segregation remarks.] He has refused to apologize and Republican leaders have either supported or ignored Santorum’s rants blaming societal ills on feminists, liberals, and particularly gays and lesbians. Far from being a compassionate conservative, Santorum’s lengthy and specific comments expose him as abusive, intolerant, and downright paranoid—a poor combination for a top Senate leader.” [People's World, 5/7/2003]
Santorum: AP Story 'Misleading' - Santorum says the Associated Press story reporting his remarks was “misleading,” and says he was speaking strictly about a recent Supreme Court case striking down a Texas anti-sodomy law. “I am a firm believer that all are equal under the Constitution,” he says. “My comments should not be construed in any way as a statement on individual lifestyles.” When questioned by a gay Pennsylvanian about his remarks, he says his words were “taken out of context.” (The questioner says to Santorum: “You attacked me for who I am.… How could you compare my sexuality and what I do in the privacy of my home to bigamy or incest?” Santorum denies being intolerant of homosexuality, but repeats his stance that if states were not allowed to regulate homosexual activity in private homes, “you leave open the door for a variety of other sexual activities to occur within the home and not be regulated.”) However, CNN reports that, according to unedited excerpts of the audiotaped interview, “Santorum spoke at length about homosexuality and he made clear he did not approve of ‘acts outside of traditional heterosexual relationships.’ In the April 7 interview, Santorum describes homosexual acts as a threat to society and the family. ‘I have no problem with homosexuality,’ Santorum said, according to the AP. ‘I have a problem with homosexual acts.’” [CNN, 4/23/2003; CNN, 4/23/2003] In an interview on Fox News, Santorum says: “I do not need to give an apology based on what I said and what I’m saying now—I think this is a legitimate public policy discussion. These are not, you know, ridiculous, you know, comments. These are very much a very important point.… I was not equating one to the other. There is no moral equivalency there. What I was saying was that if you say there is an absolute right to privacy for consenting adults within the home to do whatever they want, [then] this has far-reaching ramifications, which has a very serious impact on the American family, and that is what I was talking about.… I am very disappointed that the article was written in the way it was and it has been construed the way it has. I don’t believe it was put in the context of which the discussion was made, which was rather a far-reaching discussion on the right to privacy.” [Salon, 4/26/2003; Fox News, 4/28/2003]
Bush Defends Santorum - After three days of remaining silent, President Bush issues a brief statement defending Santorum’s remarks, calling Santorum “an inclusive man.” In response, the Democratic National Committee (DNC) issues the following statement from chairman Terry McAuliffe: “President Bush is awfully selective in which American values he chooses to comment on. Rick Santorum disparaged and demeaned a whole segment of Americans and for that President Bush praises him. Three young women in the music business expressed their views and it warrants presidential action. I would suggest that rather than scold the Dixie Chicks (see March 10, 2003 and After), President Bush would best serve America by taking Rick Santorum to the woodshed.” [People's World, 5/7/2003; The Advocate, 6/10/2003]
Other Support - Some senators come to Santorum’s defense. Senate Majority Leader Bill Frist (R-TN) says in a statement, “Rick is a consistent voice for inclusion and compassion in the Republican Party and in the Senate, and to suggest otherwise is just politics.” Senator Charles Grassley (R-IA) blames the media for the controversy, saying: “He’s not a person who wants to put down anybody. He’s not a mean-spirited person. Regardless of the words he used, he wouldn’t try to hurt anybody.… We have 51 Republicans [in the Senate] and I don’t think anyone’s a spokesman for the Republican Party. We have a double standard. It seems that the press, when a conservative Republican says something, they jump on it, but they never jump on things Democrats say. So he’s partly going to be a victim of that double standard.” Santorum’s Pennsylvania colleague, Senator Arlen Specter (R-PA), says, “I have known Rick Santorum for the better part of two decades, and I can say with certainty he is not a bigot.” Asked if Santorum’s comments will hurt his re-election prospects, Specter says: “It depends on how it plays out. Washington is a town filled with cannibals. The cannibals devoured Trent Lott without cause. If the cannibals are after you, you are in deep trouble. It depends on whether the cannibals are hungry. My guess is that it will blow over.” Senator Jim Bunning (R-KY) says, “Rick Santorum has done a great job, and is solid as a rock, and he’s not going anywhere.” A number of Republican senators, including Jim Kolbe (R-AZ), the only openly gay Republican in Congress, refuse to comment when asked. [Salon, 4/26/2003] Gary Bauer, a powerful activist of the Christian Right who ran a longshot campaign for the Republican presidential nomination in 2000, says that “while some elites may be upset by [Santorum’s] comments, they’re pretty much in the mainstream of where most of the country is.” [The Advocate, 6/10/2003] The conservative advocacy group Concerned Women for America says Santorum was “exactly right” in his statements and blames what it calls the “gay thought police” for the controversy. Genevieve Wood of the Family Research Council agrees, saying, “I think the Republican Party would do well to follow Senator Santorum if they want to see pro-family voters show up on Election Day.” [CNN, 4/23/2003] Joseph Farah, the publisher of the conservative online news blog WorldNetDaily (WND), says that Santorum was the victim of a “setup” by the Associated Press, and Lara Jakes Jordan, the reporter who wrote the story should be fired. Santorum’s remarks “were dead-on target and undermine the entire homosexual political agenda,” Farah writes. “Santorum articulated far better and more courageously than any elected official how striking down laws against sodomy will lead inevitably to striking down laws against incest, bigamy, and polygamy. You just can’t say consenting adults have an absolute right to do what they want sexually without opening that Pandora’s box.” He accuses the AP of launching what he calls a “hatchet job” against Santorum, designed to take down “a young, good-looking, articulate conservative in the Senate’s Republican leadership.” The AP reporter who interviewed Santorum, Lara Jakes Jordan, is, he says, “a political activist disguised as a reporter.” Farah notes that Jordan is married to Democratic operative Jim Jordan, who works for the Kerry campaign, and in the past Jordan has criticized the AP for not granting benefits to gay domestic partners. Thusly, Farah concludes: “It seems Mrs. Jordan’s ideological fervor is not reserved only for her private life and her corporate politicking. This woman clearly ambushed Santorum on an issue near and dear to her bleeding heart.” [WorldNetDaily, 4/28/2003]

Convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) will stand trial on 160 counts of first-degree murder, Oklahoma State District Court Judge Allen McCall rules. The 160 murder counts represent the 160 citizens who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Nichols is already serving a life term in federal prison (see June 4, 1998) for his role in the bombing as it pertained to eight federal law enforcement officials killed in the blast. Nichols faces the death penalty in the upcoming trial. The United States Supreme Court has already ruled that a state trial does not amount to double jeopardy. The preliminary hearing features the same arguments and some of the same witnesses that testified against Nichols in 1997, most prominently Michael Fortier, a friend of Nichols’s co-conspirator Timothy McVeigh who is also serving jail time for his role in the bombing conspiracy (see May 27, 1998). [New York Times, 5/14/2003]

Entity Tags: Allen McCall, Terry Lynn Nichols, Timothy James McVeigh, Michael Joseph Fortier

Timeline Tags: US Domestic Terrorism

Dan Savage.Dan Savage. [Source: The Advocate]Gay activist Dan Savage, angered at recent comments by Senator Rick Santorum equating gay sex with bestiality and child rape (see April 7, 2003) and Santorum’s refusal to apologize for his remarks (see April 23, 2003 and After), decides to strike back. Writing on the online news blog The Stranger, Savage relays the following suggestion from a commenter: “I’m a 23-year-old gay male who’s been following the Rick Santorum scandal, and I have a proposal. Washington and the press seem content to let Santorum’s comments fade into political oblivion, so I say the gay community should welcome this ‘inclusive’ man with open arms. That’s right; if Rick Santorum wants to invite himself into the bedrooms of gays and lesbians (and their dogs), I say we ‘include’ him in our sex lives—by naming a gay sex act after him. Here’s where you come in, Dan. Ask your readers to write in and vote on which gay sex act is worthy of the Rick Santorum moniker.… You pick the best suggestions, and we all get to vote! And then, voilĂ ! This episode will never be forgotten!” Savage agrees, and asks readers to send in their suggestions. [Dan Savage, 5/15/2003] One reader writes, “Specifically, I nominate the frothy mixture of lube and fecal matter that is sometimes the byproduct of anal sex,” and the suggestion wins Savage’s poll. [Dan Savage, 5/29/2003; Dan Savage, 6/12/2003] In November 2003, Savage creates a Web site, “Spreading Santorum,” featuring the definition as its home-page content. Many other Web sites begin linking to it, and soon the site becomes Number One in Google search results, giving Savage’s rather crude definition as the first result Web surfers get when searching for information about Santorum. Savage, other gay activists, and others continue linking to the site, keeping the “Spreading Santorum” site on top of the Google listings for several years. [Spreading Santorum, 2003; ABC News, 5/10/2011; Huffington Post, 7/27/2011] Savage’s technique for achieving and keeping a top ranking in Google is known as “Google bombing” the search engine. Google will refuse repeated requests to purge Savage’s blog from its rankings. In February 2011, Santorum will say: “It’s one guy. You know who it is. The Internet allows for this type of vulgarity to circulate. It’s unfortunate that we have someone who obviously has some issues. But he has an opportunity to speak.… You want to talk about incivility. I don’t know of anybody on the left who came to my defense for the incivility with respect to those things.” [Roll Call, 2/16/2011]

Entity Tags: Google, Rick Santorum, The Stranger (.com), Dan Savage

Timeline Tags: Domestic Propaganda

The New Yorker reports the results of an Annenberg survey of 673 mainstream news owners, executives, editors, producers, and reporters. Among the survey’s findings is the strong belief that Fox News (see 1995, October 7, 1996, and October 13, 2009)) has had a strong influence on the way broadcasters cover the news, as well as how others present the news on network and cable television programs. In 2002, when the CEO of General Electric, Jeffrey Immelt, was asked how he wanted to improve his own cable news network, MSNBC, he said: “I think the standard right now is Fox. And I want to be as interesting and as edgy as you guys are.” [New Yorker, 5/26/2003; Jamieson and Cappella, 2008, pp. 52]

Entity Tags: Annenberg Public Policy Center, Jeffrey Immelt, Fox News, General Electric

Timeline Tags: Domestic Propaganda

The Senate Intelligence Committee, under the aegis of chairman Pat Roberts (R-KS), issues a report on the US intelligence community’s prewar intelligence assessments of Iraq. Contained within the report is a section on the Iraq-Niger uranium claims (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), a section that author Craig Unger will call “extraordinary.” The report concludes in part, “At the time the president delivered the State of the Union address (see September 11, 2002, Late September 2002, and 9:01 pm January 28, 2003), no one in the IC [intelligence community] had asked anyone in the White House to remove the sentence from the speech” (see October 5, 2002 and October 6, 2002). It also finds, “CIA Iraq nuclear analysts told committee staff that at the time of the State of the Union, they still believed that Iraq was probably seeking uranium from Africa” (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). [US Senate Select Committee on Intelligence, 6/11/2003 pdf file; Unger, 2007, pp. 312]

Entity Tags: Pat Roberts, Senate Intelligence Committee, Craig Unger

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Sean McCormack, spokesman for the National Security Council, says: “We have acknowledged that some documents detailing a transaction between Iraq and Niger were forged and we no longer give them credence,” he says. “They were, however, only one piece of evidence in a larger body of evidence suggesting Iraq attempted to purchase uranium from Africa. The issue of Iraq’s pursuit of uranium in Africa is supported by multiple sources of intelligence. The other sources of evidence did and do support the president’s statement.” [Washington Post, 6/13/2003; Associated Press, 6/13/2003]

Entity Tags: Sean McCormack, National Security Council

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

In the case of Federal Election Commission v. Beaumont, the Supreme Court rules that the ban on direct corporate donations by the Federal Election Campaign Act (FECA—see February 7, 1972) is constitutional. The case concerns a challenge to the law by Christine Beaumont and North Carolina Right to Life (NCRL), an anti-abortion advocacy group that sued for the right to donate directly to political candidates under the First Amendment. Beaumont and the NCRL were twice denied in lower courts, and have appealed to the Supreme Court. In a 7-2 decision, the Court upholds the ban. The majority opinion is written by Justice David Souter, who rules that the ban on direct contributions is consistent with the First Amendment. The Court cannot find in favor of NCRL, Souter writes, “without recasting our understanding of the risks of harm posed by corporate political contributions, of the expressive significance of contributions, and of the consequent deference owed to legislative judgments on what to do about them.” Two of the most conservative justices on the Court, Antonin Scalia and Clarence Thomas, dissent, arguing that the ban is not constitutional. [Brennan Center for Justice, 6/16/2003; Oyez (.org), 2009]

Entity Tags: David Souter, Antonin Scalia, Christine Beaumont, Federal Election Campaign Act of 1972, Clarence Thomas, US Supreme Court, North Carolina Right to Life

Timeline Tags: Civil Liberties

Washington Post reporter Bob Woodward has a telephone conversation with Vice President Cheney’s chief of staff, Lewis “Scooter” Libby. Woodward informs Libby that he is sending an 18-page list of questions for his upcoming book, Plan of Attack, that he wants to ask Cheney. One question is about “yellowcake” uranium, obviously a reference to the claims that Iraq had tried to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), and another is about the National Intelligence Estimate on Iraq (see October 1, 2002). Woodward will later testify that he does not discuss Valerie Plame Wilson, the covert CIA agent whom another government official had “outed” to him a few days before (see June 13, 2003). [Washington Post, 11/16/2005]

Entity Tags: Bob Woodward, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward meets with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, pursuant to their telephone conversation four days prior (see June 23, 2003). Woodward’s interview is in regards to to his upcoming book Plan of Attack. Although Woodward questions Libby about the prewar National Intelligence Estimate on Iraq (see October 1, 2002) and the Iraq-Niger uranium claims (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), Woodward will later testify that the subject of “outed” CIA agent Valerie Plame Wilson does not come up. He will say that he may have asked Libby about either Plame Wilson or her husband Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003), but he has nothing in his notes about Libby discussing the subject. [Washington Post, 11/16/2005; Marcy Wheeler, 2/12/2007] Woodward is aware of Plame Wilson’s identity as a CIA official (see June 13, 2003). According to later testimony from Woodward (see November 14, 2005), Libby discusses classified information from the October 2002 NIE (see October 1, 2002) that purports to show Iraq attempted to buy enriched uranium from Africa. According to Woodward’s notes, Libby describes the purported Iraqi efforts to buy uranium as “vigorous.” [Washington Post, 4/9/2006]

Entity Tags: Valerie Plame Wilson, Lewis (“Scooter”) Libby, Joseph C. Wilson, Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

Joseph Wilson, the former US ambassador to Gabon and a former diplomatic official in the US embassy in Iraq during the Gulf War (see September 20, 1990), writes an op-ed for the New York Times entitled “What I Didn’t Find in Africa.” Wilson went to Africa over a year ago (see February 21, 2002-March 4, 2002 and July 6, 2003) to investigate claims that the Iraqi government surreptitiously attempted to buy large amounts of uranium from Niger, purportedly for use in nuclear weapons. The claims have been extensively debunked (see February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). Wilson opens the op-ed by writing: “Did the Bush administration manipulate intelligence about Saddam Hussein’s weapons programs to justify an invasion of Iraq? Based on my experience with the administration in the months leading up to the war, I have little choice but to conclude that some of the intelligence related to Iraq’s nuclear weapons program was twisted to exaggerate the Iraqi threat.” Wilson notes his extensive experience in Africa and the Middle East, and says candidly: “Those news stories about that unnamed former envoy who went to Niger? That’s me” (see May 6, 2003). He makes it very clear that he believes his findings had been “circulated to the appropriate officials within… [the] government.”
Journey to Niger - Wilson confirms that he went to Africa at the behest of the CIA, which was in turn responding to a directive from Vice President Cheney’s office. He confirms that the CIA paid his expenses during the week-long trip, and that, while overseas, “I made it abundantly clear to everyone I met that I was acting on behalf of the United States government.” About Nigerien uranium, Wilson writes: “For reasons that are understandable, the embassy staff has always kept a close eye on Niger’s uranium business. I was not surprised, then, when the ambassador [Barbro Owens-Kirkpatrick] told me that she knew about the allegations of uranium sales to Iraq—and that she felt she had already debunked them in her reports to Washington” (see November 20, 2001). Wilson met with “dozens of people: current government officials, former government officials, people associated with the country’s uranium business. It did not take long to conclude that it was highly doubtful that any such transaction had ever taken place.” Wilson notes that Nigerien uranium is handled by two mines, Somair and Cominak, “which are run by French, Spanish, Japanese, German, and Nigerian interests. If the government wanted to remove uranium from a mine, it would have to notify the consortium, which in turn is strictly monitored by the International Atomic Energy Agency. Moreover, because the two mines are closely regulated, quasi-governmental entities, selling uranium would require the approval of the minister of mines, the prime minister, and probably the president. In short, there’s simply too much oversight over too small an industry for a sale to have transpired.” Wilson told Owens-Kirkpatrick that he didn’t believe the story either, flew back to Washington, and shared his findings with CIA and State Department officials. “There was nothing secret or earth-shattering in my report,” he writes, “just as there was nothing secret about my trip.”
State of the Union Reference - Wilson believed that the entire issue was settled until September 2002, when the British government released an intelligence finding that asserted Iraq posed an immediate threat because it had attempted to purchase uranium from Africa (see September 24, 2002). Shortly thereafter, President Bush repeated the charges in his State of the Union address (see 9:01 pm January 28, 2003). Wilson was surprised by the charge, but put it aside after discussing the issue with a friend in the State Department (see January 29, 2003). Wilson now knows that Bush was indeed referring to the Niger claims, and wants to set the record straight.
Posing a Real Nuclear Threat? - Wilson is now concerned that the facts are being manipulated by the administration to paint Iraq as a looming nuclear threat, when in fact Iraq has no nuclear weapons program. “At a minimum,” he writes, “Congress, which authorized the use of military force at the president’s behest, should want to know if the assertions about Iraq were warranted.” He is quite sure that Iraq has some form of chemical and biological weapons, and in light of his own personal experience with “Mr. Hussein and his thugs in the run-up to the Persian Gulf war of 1991, I was only too aware of the dangers he posed.” But, he asks, are “these dangers the same ones the administration told us about? We have to find out. America’s foreign policy depends on the sanctity of its information.… The act of war is the last option of a democracy, taken when there is a grave threat to our national security. More than 200 American soldiers have lost their lives in Iraq already. We have a duty to ensure that their sacrifice came for the right reasons.” [New York Times, 7/6/2003]
'Playing Congress and the Public for Fools' - Former Nixon White House counsel John Dean will write in 2004 that after Wilson’s editorial appears, he checks out the evidence behind the story himself. It only takes Dean a few hours of online research using source documents that Bush officials themselves had cited, from the International Atomic Energy Agency, the Department of Energy, the CIA, and the United Nations. He will write: “I was amazed at the patently misleading use of the material Bush had presented to Congress. Did he believe no one would check? The falsification was not merely self-evident, it was feeble and disturbing. The president was playing Congress and the public for fools.” [Dean, 2004, pp. 145-146]

Entity Tags: US Department of Energy, Richard (“Dick”) Cheney, United Nations, Somair, Office of the Vice President, Joseph C. Wilson, Bush administration (43), Barbro Owens-Kirkpatrick, New York Times, Cominak, John Dean, George W. Bush, Central Intelligence Agency, International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

The State Department sends a memo (see June 10, 2003) to Secretary of State Colin Powell as he is traveling with President Bush and other senior White House officials to Africa. Powell is seen during the flight walking around Air Force One with the memo in his hand. The memo concerns the trip by former ambassador Joseph Wilson to Niger, where he learned that allegations of Iraq attempts to purchase Nigerien uranium were false (see February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), and reveals his wife as a covert CIA agent. [New York Times, 7/16/2005; Rich, 2006, pp. 180] The paragraph identifying Valerie Plame Wilson as a CIA official is marked “S-NF,” signfying its information is classified “Secret, Noforn.” Noforn is a code word indicating that the information is not to be shared with foreign nationals. [Washington Post, 7/21/2005; Newsweek, 8/1/2005] When Wilson’s op-ed debunking the uranium claim and lambasting the administration for using it as a justification for war appears in the New York Times (see July 6, 2003), Powell’s deputy, Richard Armitage, calls Carl Ford, the head of the State Department’s internal intelligence unit, the Bureau of Intelligence and Research (INR) at Ford’s home. Armitage asks Ford to send a copy of the Grossman memo to Powell, who is preparing to leave for Africa with Bush. Ford sends a copy of the memo to the White House for transmission to Powell. The memo relies on notes by an analyst who was involved in a February 19, 2002 meeting to discuss whether to send someone to Africa to investigate the uranium claims, and if so, who (see February 19, 2002). The notes do not identify either Wilson or his wife by name, and erroneously state that the meeting was “apparently convened by” the wife of a former ambassador “who had the idea to dispatch” her husband to Niger because of his contacts in the region. Wilson is a former ambassador to Gabon. Plame Wilson has said that she suggested her husband for the trip, introduced him at the meeting, and left after about three minutes (see February 13, 2002). The memo identifies Wilson’s wife as Valerie Wilson; when conservative columnist Robert Novak outs her as a CIA agent (see July 14, 2003), he identifies her by her maiden name, Valerie Plame. The memo will later become a matter of intense interest to investigators attempting to learn how Plame Wilson’s identity was leaked to the press (see (July 15, 2005)). [New York Times, 7/16/2005; Rich, 2006, pp. 180]

Entity Tags: Joseph C. Wilson, Bureau of Intelligence and Research, George W. Bush, Carl W. Ford, Jr., Valerie Plame Wilson, Richard Armitage, Central Intelligence Agency, US Department of State, Colin Powell, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Facing criticisms that the Bush administration lacked accurate and specific intelligence about Iraq’s alleged arsenal of illicit weapons, Defense Secretary Donald Rumsfeld provides the Senate Armed Services Committee with a new reason for why it was necessary for the US to invade Iraq. “The coalition did not act in Iraq because we had discovered dramatic new evidence of Iraq’s pursuit of weapons of mass murder,” he says. “We acted because we saw the evidence in a dramatic new light, through the prism of our experience on 9/11.” [BBC, 7/9/2003; USA Today, 7/9/2003; Washington Times, 7/10/2003] When asked when he learned that the reports about Iraq attempting to obtain uranium from Niger were false, Rumsfeld replies, “Oh, within recent days, since the information started becoming available.” [Slate, 7/10/2003; WorldNetDaily, 7/15/2003] The International Atomic Energy Agency (IAEA) had debunked the claim four months before (see March 7, 2003). [Rich, 2006, pp. 99] Rumsfeld later revises his statement twice, first saying that he had learned “weeks,” and then “months,” before. [WorldNetDaily, 7/15/2003]

Entity Tags: International Atomic Energy Agency, Senate Armed Services Committee, Bush administration (43), Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Senator Pat Roberts (R-KS), the chairman of the Senate Intelligence Committee and a close ally of Vice President Dick Cheney, answers calls to investigate the Iraq-Niger forgeries (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). In March, Roberts refused to sign off on a request from his committee to investigate the Iraq-Niger forgeries (see March 14, 2003). In June, his committee released a report defending the White House’s use of the uranium claims (see June 11, 2003); on that same day, Roberts and fellow Republicans denounced calls to investigate pre-war intelligence (see June 11, 2003). In 2008, current White House press secretary Scott McClellan will write that Roberts’s call for an investigation plays into the administration’s attempts to pin the blame for the uranium claims directly onto the CIA, and in a larger sense to blame the CIA for all the intelligence failures preceding the invasion of Iraq. According to McLellan: “On a broader front, the White House sought to dispel the nation that the intelligence had been ‘cooked’ by showing that it had been provided and cleared by the CIA. Most observers—war critics and supporters, Democrats and Republicans—had shared the assumption that Saddam had WMD programs and likely possessed at least some chemical and biological weapons. Only now, after the fact, were some prominent critics disavowing or downplaying their earlier belief, and the partisan tone of their attacks provided us with the gist of our counterattack.” [McClellan, 2008, pp. 171]

Entity Tags: Senate Intelligence Committee, Central Intelligence Agency, Scott McClellan, Pat Roberts

Timeline Tags: Niger Uranium and Plame Outing

Senator John D. Rockefeller.Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: New York Times, Richard (“Dick”) Cheney, John D. Rockefeller, John Poindexter, Total Information Awareness, National Security Agency

Timeline Tags: Civil Liberties

The Bush administration releases a heavily redacted version of the October 2002 National Intelligence Estimate (NIE—see October 1, 2002). Most of the report is whited out, and most of what remains is selected from the key judgments section; those remnants tend to support the Bush administration’s position that Iraq possessed weapons of mass destruction and therefore posed a threat to the Middle East and perhaps to the US. The redacted version is released days after Vice President Dick Cheney authorized his chief of staff, Lewis Libby, to leak selected portions of the NIE to reporters (see 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, and July 12, 2003). [National Foreign Intelligence Board, 10/2002 pdf file; National Foreign Intelligence Board, 7/18/2003; National Security Archive, 7/9/2004]
Overall Findings - According to the redacted release, the NIE found “that Iraq has continued its weapons of mass destruction (WMD) programs in defiance of UN resolutions and restrictions. Baghdad has chemical and biological weapons as well as missiles with ranges in excess of UN restrictions; if left unchecked, it probably will have a nuclear weapon during this decade.… We judge that we are seeing only a portion of Iraq’s WMD efforts, owing to Baghdad’s vigorous denial and deception efforts. Revelations after the Gulf War starkly demonstrate the extensive efforts undertaken by Iraq to deny information. We lack specific information on many key aspects of Iraq’s WMD programs. Since inspections ended in 1998, Iraq has maintained its chemical weapons effort, energized its missile program, and invested more heavily in biological weapons; in the view of most agencies, Baghdad is reconstituting its nuclear weapons program.”
Financing through Oil Sales - The NIE maintained that Iraq used illicit oil sales “to finance WMD programs,” that it “has largely rebuilt missile and biological weapons facilities damaged during Operation Desert Fox, and has expanded its chemical and biological infrastructure under the cover of civilian production.”
Seeking Weapons-Grade Uranium for Nuclear Weapons Program - As for nuclear weapons, “[a]lthough we assess that Saddam [Hussein] does not yet have nuclear weapons or sufficient material to make any, he remains intent on acquiring them.… How quickly Iraq will obtain its first nuclear weapon depends on when it acquires sufficient weapons-grade fissile material. If Baghdad acquires sufficient fissile material from abroad it could make a nuclear weapon within several months to a year. Without such material from abroad, Iraq probably would not be able to make a weapon until 2007 to 2009, owing to inexperience in building and operating centrifuge facilities to produce highly enriched uranium and challenges in procuring the necessary equipment and expertise.” The NIE judgments cited the long-discredited claims that Iraq purchased aluminum tubes as part of its nuclear weapons program (see Late September 2002 and March 7, 2003). In toto, the NIE claimed the existence of “compelling evidence that Saddam is reconstituting a uranium enrichment effort for Baghdad’s nuclear weapons program.”
Large, Covert Chemical Weapons Program - It found that Iraq produced between 100 and 500 metric tons “of mustard, sarin, GF (cyclosarin), and VX,” all deadly chemical agents, and had succeeded in hiding much of its production facilities “within Iraq’s legitimate chemical industry.” And Iraq was capable of filling “a limited number of covertly stored Scud” missiles, “possibly a few with extended ranges,” with chemical weapons.
Significant Biological Weapons Program - The redacted report claimed, “We judge that all key aspects—R&D, production, and weaponization—of Iraq’s offensive BW [biological weapons] program are active and that most elements are larger and more advanced than they were before the Gulf War.” Iraq had “some lethal and incapacitating BW agents and is capable of quickly producing and weaponizing a variety of such agents, including anthrax, for delivery by bombs, missiles, aerial sprayers, and covert operatives. Chances are even that smallpox is part of Iraq’s offensive BW program. Baghdad probably has developed genetically engineered BW agents. Baghdad has established a large-scale, redundant, and concealed BW agent production capability. Baghdad has mobile facilities for producing bacterial and toxin BW agents; these facilities can evade detection and are highly survivable.”
Delivery Systems - According to the judgments, Iraq possessed several dozen “Scud-variant” short-range ballistic missiles, and is developing other methods of delivering chemical and biological payloads, including unmanned aerial vehicles “probably intended to deliver biological warfare agent.” It claimed, “Baghdad’s UAVs could threaten Iraq’s neighbors, US forces in the Persian Gulf, and if brought close to, or into, the United States, the US homeland.” Iraq had attempted to procure commercially available software, including a topographic database, that would allow it to target specific areas within the US, the report said.
Not Conducting Terrorist Attacks - The report found that Iraq was not conducting “terrorist attacks with conventional or” chemical or biological weapons against the US for fear it would trigger American reprisals. However, the report claimed that Iraq “probably would attempt clandestine attacks against the US homeland if Baghdad feared an attack that threatened the survival of the regime were imminent or unavoidable, or possibly for revenge. Such attacks—more likely with biological than chemical agents—probably would be carried out by Special Forces or intelligence operatives.” More likely were covert attacks by Iraqi intelligence agents against “US and allied interests in the Middle East in the event the United States takes action against Iraq. The US probably would be the primary means by which Iraq would attempt to conduct any CBW attacks on the US homeland, although we have no specific intelligence information that Saddam’s regime has directed attacks against US territory.” In such a case, Iraq might have allied itself with al-Qaeda to conduct more widespread attacks against American targets within the US itself and/or overseas.
Dissent in a Box - In a small boxed area at the bottom of the redacted report is a summary of some of the dissents filed by the State Department’s Bureau of Intelligence and Research (INR). Called “State/INR Alternative View of Iraq’s Nuclear Program,” the dissents actually reiterate much of the conclusions in the main body of the report, but with the INR backing away from claiming Iraq’s “integrated and comprehensive approach to acquire nuclear weapons.” Neither is the INR sure of the findings about the aluminum tubes. [National Foreign Intelligence Board, 10/2002 pdf file; National Foreign Intelligence Board, 7/18/2003]
White House Briefing - An unnamed “senior administration official” briefs the Washington press corps on the redacted NIE release, walking the reporters through the contents of the report and reiterating Bush administration claims of the imminent danger posed by the Hussein regime, the Iraqi efforts to dodge UN oversight, and the support for the entire NIE throughout the US intelligence community. The official then quotes extensively from the October 2002 speech by President Bush in Cincinnati, where he made a number of specious and belligerent assertions about Iraq (see October 7, 2002). At the end of the briefing, the official concludes that everything Bush has told the public has been sourced from many different intelligence analyses and findings, and every claim Bush and his officials has made has been based in fact. The official blames “changes in style and tone” for the confusion and groundless claims made by Bush and other officials in earlier settings, particularly Bush’s January 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). “And as we’ve said all along, that information that we know today is different from information we knew then,” he says.
Questions - The official takes questions from the assembled reporters. The first question of substance concerns the CIA’s warnings to remove the Iraq-Niger claims from the Cincinnati speech (see October 5, 2002 and October 6, 2002) before they were included in the State of the Union address. The official explains that the speechwriters merely chose to be less specific in the Cincinnati speech than in the State of the Union address, because at that time the CIA only had “a single source” on which to base the Iraq-Niger assertion. The official denies that the claim was ever “flawed” or erroneous (see July 8, 2003), merely that it lacked adequate sourcing. He also denies that anyone in the White House knew that the Niger documents “proving” the uranium claim were forged until after the address (see March 8, 2003). The official repeatedly notes that the dubious and fallacious claims were “signed off” by the CIA, and by implication the fault of the CIA and not the White House. The official, responding to a question about the fact-finding trip to Niger by Joseph Wilson (see February 21, 2002-March 4, 2002) and his later repudiation of the Iraq-Niger uranium claims (see July 6, 2003), reiterates that no one at the White House knew of Wilson’s findings (see March 5, 2002 and March 8, 2002), and the report actually bolstered the intelligence community’s suspicions that Iraq was attempting to buy yellowcake uranium from Niger. [White House, 7/18/2003]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Joseph C. Wilson, Bureau of Intelligence and Research, Richard (“Dick”) Cheney

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Dennis Hastert.Dennis Hastert. [Source: Cleveland Leader]Congressional Republicans join in the White House attempt to recover its credibility on the Iraq-Niger uranium affair (see February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003) by attacking critics. Days earlier, President Bush met with House Speaker Dennis Hastert (R-IL) and Senate Majority Leader Bill Frist (R-TN). Hastert said that Bush needed a stronger defense against criticism, and both men told Bush they and other Congressional leaders were ready to help. Hastert now says that Bush’s critics “want to be president” and are out “to hurt the credibility of the president, to throw mud and see what sticks.” Frist cites the “relative silence in the press about the conditions on the ground” in Iraq “in terms of progress, in terms of improvement.” [Associated Press, 7/22/2003]

Entity Tags: George W. Bush, Bill Frist, Dennis Hastert, Bush administration (43)

Timeline Tags: Niger Uranium and Plame Outing

Hama Hamadou.Hama Hamadou. [Source: Sangonet (.com)]The prime minister of Niger, Hama Hamadou (whose name is sometimes spelled Amadou), denies that Iraq ever attempted to buy uranium from his country (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, and March 7, 2003), and challenges British Prime Minister Tony Blair to produce the evidence that he says proves the claim. Hamadou says Niger is an ally of Britain and the US, since it sent 500 troops to fight against Saddam Hussein in the 1991 Gulf War. “Is this how Britain and America treat their allies?” he asks. “If Britain has evidence to support its claim then it has only to produce it for everybody to see. Our conscience is clear. We are innocent.” The US has admitted that its claims that Iraq attempted to buy uranium from Niger was based on forged documents (see March 8, 2003 and 3:09 p.m. July 11, 2003), but Britain continues to insist that it has intelligence from “independent sources” that proves the claim. Britain has not shared this intelligence with anyone. Hamadou denies that Iraq and Niger ever entered into any negotiations over uranium. “Officials from the two countries have never met to discuss uranium,” he says, and continues: “We were the first African country to send soldiers to fight against Saddam after the invasion of Kuwait in 1991. Would we really send material to somebody whom we had fought against and who could could destroy half the world with a nuclear bomb? It is unthinkable.” Hamadou says no one from either Britain or the US has formally accused Niger of any involvement in any uranium deals with Iraq. “Everybody knows that the claims are untrue,” he says. “We have survived famine in Niger. We can survive this.” [Daily Telegraph, 7/27/2003]

Entity Tags: Tony Blair, Hama Hamadou

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

A former Bush administration official warns Niger’s president to keep quiet about the forged documents alleging Iraq attempted to buy enriched uranium from his country (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), according to a Sunday Telegraph report. Nigerien Prime Minister Hama Hamadou has said that Iraq never attempted to buy uranium from Niger (see July 27, 2003). According to the report, Herman Cohen, a former assistant secretary of state for Africa, visits the Nigerien capital of Niamey, and calls on President Mamadou Tandja. Senior Nigerien government officials later say that Cohen makes it clear to Tandja that he needs to stay quiet about the forgeries. “Let’s say Mr. Cohen put a friendly arm around the president to say sorry about the forged documents, but then squeezed his shoulder hard enough to convey the message, ‘Let’s hear no more about this affair from your government,’” one Nigerien official will tell a Telegraph reporter. “Basically he was telling Niger to shut up.” It was a Telegraph reporter who interviewed Hamadou earlier in the week. Bush administration officials deny attempting to “gag” Tandja or the Nigerien government. That denial is contradicted by the Nigerien official, who says there was “a clear attempt to stop any more embarrassing stories coming out of Niger” by the Americans. The official says the warning is likely to be heeded: “Mr. Cohen did not spell it out but everybody in Niger knows what the consequences of upsetting America or Britain would be. We are the world’s second-poorest country and we depend on international aid to survive.” [Sunday Telegraph, 8/8/2003; CounterPunch, 11/9/2005]

Entity Tags: Hama Hamadou, Herman Cohen, Mamadou Tandja, Bush administration (43)

Timeline Tags: Niger Uranium and Plame Outing

Conservative pundit and author David Horowitz publishes an op-ed in his Front Page Magazine calling all Democrats “racists,” and claiming that the Democratic Party is “the party of special interest bigots and racial dividers” for its alleged support of “racist school policies.” Horowitz writes, “The Democratic Party has shown that it will go to the wall to preserve the racist laws which enforce these preferences, and to defend the racist school systems that destroy the lives of millions of children every year.” At some point, Horowitz will delete the op-ed from the Front Page Magazine Web site, but it will be quoted in a December 2004 article by progressive media watchdog organization Media Matters. [Media Matters, 12/1/2004]

Entity Tags: Democratic Party, David Horowitz

Timeline Tags: Domestic Propaganda

Joseph Wilson, the former US ambassador to Gabon who has played a key part in discrediting the Bush administration’s attempts to claim that Iraq tried to purchase weapons-grade uranium from Niger (see July 6, 2003)), is interviewed for the PBS Frontline episode, “Truth, Consequences, and War.” The interview will be broadcast in early October 2003.
Trip to Niger - Wilson confirms that the CIA sent him to Niger in February 2002 to find evidence either supporting or challenging claims that Iraq tried to purchase weapons-grade uranium from that nation (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). Wilson notes that the CIA officials who sent him to Iraq “said that the Office of the Vice President had raised questions about this report, and they’d asked them to look into it” (see (February 13, 2002)), but he personally had no contact with anyone in that office.
Reactions to Claims of Iraq-Niger Uranium Deal - Wilson recalls being bemused by President Bush’s assertion that Iraq tried to purchase uranium from an African country, but accepted the possibility that he was not referring to Niger, but another African nation that also mines and sells uranium (see January 28-29, 2003). Wilson says the issue became a concern to him when the International Atomic Energy Agency concluded that the documents used for the Iraq-Niger claims were obvious forgeries (see March 7, 2003), and the State Department admitted to being gulled by them (see March 8, 2003). He says, “Now, when the State Department spokesman said that, I was moved to say on a news program that I thought that if the US government looked into its files, it would find that it had far more information on this particular subject than the State Department spokesman was letting on” (see March 8, 2003). Wilson calls the decision to allow Bush to make the claim in his State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003) irresponsible. “You allow the president of the United States to use information that did not even pass the threshold for an Italian news magazine [Panorama—see October 9, 2002]? You allow him to use that information in the most important speech that he makes in his tenure?”
Correcting the Record - Wilson denies that his decision to write an op-ed for the New York Times exposing the falsehood of the White House claims (see July 6, 2003) was political. Instead, he says, it was “a response to what appeared to me to be a series of misstatements on the part of senior administration officials.” Wilson notes that the White House had many opportunities to set the record straight without his intervention, but chose not to. He made pleas to the White House through his friends at the State Department and friends of senior administration officials to be honest about the claims (see January 29, 2003 and March 8, 2003). Wilson reiterates his feelings that the Iraq invasion was outside the bounds of the various United Nations resolutions constraining Iraq’s behavior, and that Iraq could have been successfully contained by continuing UN efforts to disarm the Iraqi regime. There were no provable links between Iraq and Islamist terrorism, there was no provable imminent threat to the US or the Middle East from Iraq, and allegations that Iraq had committed genocide could have been addressed through the UN’s Genocide Convention.
Blowing His Wife's CIA Identity - Wilson concludes by addressing the leak of his wife Valerie Plame Wilson’s identity as a CIA official (see 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, July 12, 2003, and July 14, 2003), and notes that while he won’t confirm that his wife is a CIA official, to publicly expose such an official is a crime under the Intelligence Identities Protection Act (see July 16, 2003). It was an attempt to intimidate others, Wilson says: “I think it was a signal to others, that should you decide to come forward, we will do this to your family as well. It was just very sloppy.” He adds that if his wife is indeed a CIA official, “if it’s a real violation, [it will] cause a lot of pain in our national security apparatus, because at a minimum—the assertions were that she was a CIA operative working in the weapons of mass destruction programs. So if those assertions are true, what this administration has done is they’ve taken a national security asset involved in a program to which they give high priority, off the table, and to protect whose career? What political objective is so important… that you take a national security asset off—not to shut me up, but to… [shut] others up. That would be the only conclusion I could come to. If you read the story in which this assertion was made, the assertion adds absolutely nothing to the story, nothing. It is not germane, it is not relevant.” The interviewer says, “All’s fair in love and war,” and Wilson responds: “When you’re an administration that comes to office on a platform of restoring dignity and honor to the White House, and you act in such a dishonorable and undignified way, then you really do descend to that ‘all’s fair in love and war’ status. I think in that case it’s important to point out how duplicitous some in the White House are.” [PBS Frontline, 10/9/2003]

Entity Tags: New York Times, Intelligence Identities Protection Act, George W. Bush, Central Intelligence Agency, Bush administration (43), International Atomic Energy Agency, Joseph C. Wilson, Public Broadcasting System, US Department of State, Office of the Vice President, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The video sleeve for ‘DC 9/11.’The video sleeve for ‘DC 9/11.’ [Source: Internet Movie Database (.com)]Showtime broadcasts a “docudrama” about the 9/11 attacks and the White House’s response, entitled DC 9/11: Time of Crisis. According to New York Times author and media critic Frank Rich, the film drastically rewrites history to portray President Bush as “an unironic action-movie superhero.” In the movie, Bush—portrayed by actor Timothy Bottoms, who played Bush in Comedy Central’s satiric That’s My Bush!—is shown overruling his Secret Service detail and ordering Air Force One to return to Washington immediately, an event which never happened (see (10:32 a.m.) September 11, 2001 and (4:00 p.m.) September 11, 2001). “If some tinhorn terrorist wants me, tell him to come and get me!” the movie Bush shouts. “I’ll be at home, waiting for the b_stard!” The movie Bush has other lines that establish his desire to get back to Washington, including, “The American people want to know where their damn president is!” and “People can’t have an AWOL president!” In one scene, a Secret Service agent questions Bush’s demand to return to Washington by saying, “But Mr. President—” only to be cut off by Bush, who snaps, “Try ‘Commander in Chief.’ Whose present command is: Take the president home!” In reality, most of the orders on 9/11 were given by Vice President Dick Cheney and counterterrorism “tsar” Richard Clarke, but in the movie, Bush is the man in charge. “Hike military alert status to Delta,” he orders Defense Secretary Donald Rumsfeld. “That’s the military, the CIA, foreign, domestic, everything,” he explains. “And if you haven’t gone to Defcon 3, you oughtta.” To Cheney, he barks: “Vice? We are at war.” The White House team are, in Rich’s words, “portrayed as the very model of efficiency and derring-do.” [Washington Post, 6/19/2003; New York Times, 9/5/2003; Rich, 2006, pp. 25-26] New York Times reviewer Alessandra Stanley notes that Bush is the unquestioned hero of the film, with British Prime Minister Tony Blair portrayed as “not very eloquent” and Cheney depicted as “a kowtowing yes-man.” [New York Times, 9/5/2003]
Conservative Pundits Influenced Script - The movie is produced by Lionel Chetwynd, whom Rich calls “the go-to conservative in B-list Hollywood.” For the movie script, Chetwynd was given unprecedently broad access to top White House officials, including Bush. He also received the assistance of conservative Washington pundits Charles Krauthammer, Morton Kondracke, and Fred Barnes, who cover the Bush White House for such media outlets as Fox News, the Weekly Standard, and the Washington Post. Rich later writes that much of the film seems based on Bob Woodward’s “hagiographic [book] Bush at War (see November 25, 2002).” [Washington Post, 6/19/2003; Rich, 2006, pp. 25-26]
Propaganda Effort? - Before the movie airs, Toronto Sun columnist Linda McQuaig called the film an attempt to mythologize Bush in a fashion similar to Hollywood’s re-creation of the Wild West’s Wyatt Earp, and wrote that the film “is sure to help the White House further its two-pronged reelection strategy: Keep Americans terrified of terrorism and make Bush look like the guy best able to defend them.” Texas radio commentator Jim Hightower added that the movie would present Bush as “a combination of Harrison Ford and Arnold Schwarzenegger.… Instead of the doe-eyed, uncertain, worried figure that he was that day, Bush-on-film is transformed into an infallible, John Wayne-ish, Patton-type leader, barking orders to the Secret Service and demanding that the pilots return him immediately to the White House.” Chetwynd himself has acknowledged that he is a “great admirer” of Bush, and has close ties to the White House. In late 2001, Bush appointed him to the President’s Committee on the Arts and the Humanities. “This isn’t propaganda,” Chetwynd insisted during the shooting of the movie, adding: “Everything in the movie is [based on] two or three sources. I’m not reinventing the wheel here.… I don’t think it’s possible to do a revision of this particular bit of history. Every scholar who has looked at this has come to the same place that this film does. There’s nothing here that Bob Woodward would disagree with.… It’s a straightforward docudrama. I would hope what’s presented is a fully colored and nuanced picture of a human being in a difficult situation.” [Washington Post, 6/19/2003] Rich will later write that the film is “unmistakably a propaganda effort on behalf of a sitting administration.” [Rich, 2006, pp. 25-26]
Blaming the Clinton Administration - Perhaps most questionably, Stanley writes, the film “rarely misses a chance to suggest that the Clinton administration’s weakness was to blame for the disaster.” Bush, she notes, is portrayed as a more decisive leader than his predecessor: in the film, he tells Blair over the telephone: “I want to inflict pain [on the attackers]. Bring enough damage so they understand there is a new team here, a fundamental change in our policy.” [New York Times, 9/5/2003]
9/11 Widow Unhappy with Film - Kristen Breitweiser, who lost her husband in the attack on the World Trade Center, calls the film “a mind-numbingly boring, revisionist, two-hour-long wish list of how 9/11 might have gone if we had real leaders in the current administration.” She adds: “It is understandable that so little time is actually devoted to the president’s true actions on the morning of 9/11. Because to show the entire 23 minutes from 9:03 to 9:25 a.m., when President Bush, in reality, remained seated and listening to ‘second grade story-hour’ while people like my husband were burning alive inside the World Trade Center towers, would run counter to Karl Rove’s art direction and grand vision.” Breitweiser questions numerous aspects of the film: “Miscellaneous things that surprised me included the fact that the film perpetuates the big fat lie that Air Force One was a target. Forgive me, but I thought the White House admitted at the end of September 2001 that Air Force One was never a target, that no code words were spoken and that it was all a lie (see (10:32 a.m.) September 11, 2001 and September 12, 2001-March 2004). So what gives?… Not surprisingly, there is no mention of accountability. Not once does anyone say, ‘How the hell did this happen? Heads will roll!’ I was hoping that, at least behind closed doors, there were words like, ‘Look, we really screwed up! Let’s make sure we find out what went wrong and that it never happens again!’ Nope, no such luck.” [Salon, 9/8/2003]

Entity Tags: Charles Krauthammer, Richard (“Dick”) Cheney, Richard A. Clarke, Showtime, Alessandra Stanley, Tony Blair, Bob Woodward, Morton Kondracke, Lionel Chetwynd, Timothy Bottoms, Kristen Breitweiser, Donald Rumsfeld, Clinton administration, Fred Barnes, Frank Rich, Karl C. Rove, George W. Bush, Linda McQuaig, Jim Hightower

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2004 Elections

Rush Limbaugh, in a publicity photo from ESPN.Rush Limbaugh, in a publicity photo from ESPN. [Source: ESPN]Conservative radio host Rush Limbaugh, a former sports broadcaster recently given a slot as a commentator on National Football League games by ESPN, makes what many believe is a racist comment about black quarterback Donovan McNabb. McNabb, the starting quarterback for the Philadelphia Eagles, is a three-time Pro Bowl selection, a runner-up for the Most Valuable Player award, and has steered his team into two conference championships. Limbaugh tells his listeners that McNabb is overrated, and adds what ESPN will call “racial overtones that have set off a controversy.” Limbaugh says: “Sorry to say this, I don’t think he’s been that good from the get-go. I think what we’ve had here is a little social concern in the NFL. The media has been very desirous that a black quarterback do well. There is a little hope invested in McNabb, and he got a lot of credit for the performance of this team that he didn’t deserve. The defense carried this team.”
Limbaugh Denies Racial Content; ESPN Defends Remarks - Limbaugh later says that his remarks were not meant to be racist; ESPN states: “Although Mr. Limbaugh today stated that his comments had ‘no racist intent whatsoever,’ we have communicated to Mr. Limbaugh that his comments were insensitive and inappropriate. Throughout his career, he has been consistent in his criticism of the media’s coverage of a myriad of issues.” ESPN vice president Mark Shapiro defends Limbaugh, saying: “This is not a politically motivated comment. This is a sports and media argument. Rush was arguing McNabb is essentially overrated and that his success is more in part [due] to the team assembled around him.” Because of his contractual insistence that he cannot be interviewed, no one from the press is allowed to ask Limbaugh for themselves what he did or did not mean. McNabb tells a Philadelphia reporter: “It’s sad that you’ve got to go to skin color. I thought we were through with that whole deal.” A subsequent ESPN report says that “Limbaugh’s remarks could be considered as untimely as they are thought to be out of bounds.” The report also notes that 10 NFL teams have had black quarterbacks start at least one game this season, and two of the league’s best quarterbacks, Michael Vick and Daunte Culpepper, are black. Eagles coach Andy Reid says, “I think the Philadelphia Eagles and the city of Philadelphia are very lucky to have Donovan McNabb.” [ESPN, 10/1/2003]
Controversy over Remarks - Limbaugh’s remarks spark considerable controversy among the sports community and among political pundits, with many defending Limbaugh and others decrying his comments. Democratic presidential candidates Wesley Clark (D-AK), Howard Dean (D-VT), and Al Sharpton (D-NY) call on ESPN to fire Limbaugh. The National Association of Black Journalists (NABJ) calls on ESPN to “separate itself” from Limbaugh, with NABJ president Herbert Lowe saying: “ESPN’s credibility as a journalism entity is at stake. It needs to send a clear signal that the subjects of race and equal opportunity are taken seriously at its news outlets.” McNabb adds in a comment to a reporter: “It’s somewhat shocking to hear that on national TV from him. It’s not something that I can sit here and say won’t bother me.” On his radio show, Limbaugh declares himself “right about something” because otherwise “there wouldn’t be this cacophony of outrage that has sprung up in the sports writer community.” Los Angeles Weekly reporter John Powers notes that Limbaugh’s remarks must be taken in the context of his history of making racially inflammatory comments. Powers notes that if sports commentator Jim Rome made the same remarks, little would have been made of them, because Rome has a history of being “criticized for being too soft on black athletes and callers.” Instead, Powers writes, Limbaugh is “a radio thug who has made his name saying things like, ‘The NAACP should have riot rehearsal. They should get a liquor store and practice robberies.’” Powers asks why Limbaugh would have brought the subject up at all, and answers his own question: “Because it fits Limbaugh’s ideologically charged belief that insidious ‘liberals’—that is, the media and government—keep bending over backward to give African-Americans special treatment that they don’t deserve. (This will come as news to most black Americans, who have a far higher level of poverty than the rest of the country.) We’ve moved beyond the point where big-time media figures will claim that blacks are inferior (and I have no evidence that Limbaugh thinks so). But you can still nab a huge audience by stirring up underlying racial resentments while pretending that you’re actually talking about ‘the media’—which is precisely what Limbaugh did in the McNabb case.… Limbaugh was practicing a kind of second-degree racism—on the carom, so to speak. And when he was called on it—not by his ESPN colleagues, alas—Rush beat a gutless retreat back to the bully’s pulpit of his radio show, where he can insist that widespread revulsion at his words proves they’re actually true (what reasoning!) and if anyone disagrees, he can just cut them off.” [ESPN, 10/2/2003; Los Angeles Weekly, 10/9/2003]
Limbaugh Resigns ESPN Position - Limbaugh resigns his position with ESPN on October 2. In a statement, he says: “My comments this past Sunday were directed at the media and were not racially motivated. I offered an opinion. This opinion has caused discomfort to the crew, which I regret. I love NFL Sunday Countdown and do not want to be a distraction to the great work done by all who work on it. Therefore, I have decided to resign. I appreciate the opportunity to be a part of the show and wish all the best to those who make it happen.” ESPN president George Bodenheimer calls Limbaugh’s resignation “appropriate.” [ESPN, 10/2/2003]

Entity Tags: George Bodenheimer, Wesley Clark, ESPN, Daunte Culpepper, Andy Reid, Al Sharpton, Rush Limbaugh, Philadelphia Eagles, National Football League, National Association of Black Journalists, John Powers, Jim Rome, Donovan McNabb, Howard Dean, Mark Shapiro, Michael Vick, Herbert Lowe

Timeline Tags: Domestic Propaganda

Wall Street Journal reporter Brian Anderson writes: “Watch Fox [News] for just a few hours, and you encounter a conservative presence unlike anything on television. When CBS and CNN would lead a news item about an impending execution with a candlelight vigil of death-penalty protesters, for example,” Anderson quotes Fox senior vice president for news John Moody as saying it is “de riguer that we put in the lead why the person is being executed.” Anderson continues, “Fox viewers will see Republican politicians and conservative pundits sought out for meaningful quotations, skepticism voiced about environmental ‘doomsaying,’ religion treated with respect, pro-life views given airtime—and much else they’d never find on other networks” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 50]

Entity Tags: Fox News, John Moody, Brian Anderson, CBS News, CNN, Wall Street Journal

Timeline Tags: Domestic Propaganda

President Bush signs a bill into law banning so-called “partial-birth abortions.” A similar bill was vetoed by then-President Clinton in 1996 (see April 1996). The bill signing is part of a ceremony of abortion opposition featuring some 400 lawmakers and anti-abortion advocates. The new law, known as the Partial Birth Abortion Ban Act, is the first time the federal goverment has banned an abortion procedure since the 1973 Roe v. Wade decision legalized abortions (see January 22, 1973). A federal judge in Nebraska has already said the law may be unconstitutional, and many observers expect it to be challenged. [CBS News, 4/19/2007] Three years later, the Supreme Court will uphold the law (see April 17, 2007).

Entity Tags: George W. Bush

Timeline Tags: US Health Care

The new head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, begins an internal review of the legality of the NSA’s warrantless wiretapping program (see December 15, 2005). The program is kept so secret that only four Justice officials even have access to information about its inner workings, a pattern of poor consultation he will call “the biggest legal mess I have ever encountered” when he testifies to the Senate about the program four years later (see October 2, 2007). Neither Attorney General John Ashcroft nor Justice’s top legal counsel know much about the program. When Goldsmith begins his legal review, the White House initially refuses to brief Deputy Attorney General James Comey about it. Goldsmith later testifies that he cannot find “a legal basis for some aspects of the program.” Upon completing the review, Goldsmith declares the program illegal, with the support of Ashcroft and Comey. However, White House officials are irate at Goldsmith’s findings. [Washington Post, 10/20/2007]

Entity Tags: Alberto R. Gonzales, Bush administration (43), Office of Legal Counsel (DOJ), US Department of Justice, John Ashcroft, James B. Comey Jr., Jack Goldsmith, National Security Agency

Timeline Tags: Civil Liberties

The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).

Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas

Timeline Tags: Civil Liberties

A three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]

Entity Tags: Jose Padilla, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

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