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Context of 'May 9, 2011: Pakistani Prime Minister Orders Inquiry into Who Knew of Bin Laden’s Hideout; ISI Seems Absolved in Advance'

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Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Timeline Tags: Torture of US Captives

The US Treasury Department freezes the assets of four alleged al-Qaeda operatives. The men are:
bullet Saad bin Laden, son of Osama bin Laden, who has just escaped from house arrest in Iran (see (Between December 2008 and January 2009)). The US seems to think he is linked to terrorist activities, although his family denies it;
bullet Mustafa Hamid, who the Treasury says is a key intermediary between al-Qaeda and the Iranian government;
bullet Muhammad Raba al-Sayid al-Bahtiyti, an Egyptian thought to be a trusted aide to al-Qaeda’s second in command Ayman al-Zawahiri;
bullet Ali Saleh Husain, a logistics operative for al-Qaeda.
In addition to freezing their assets, the Treasury Department prohibits Americans from having financial transactions with the men. [Wall Street Journal, 1/16/2009]

Entity Tags: Al-Qaeda, Mustafa Hamid, Ali Saleh Husain, US Department of the Treasury, Saad bin Laden, Muhammad Raba al-Sayid al-Bahtiyti

Timeline Tags: Complete 911 Timeline

Lieutenant Colonel Darrel Vandeveld (see January 13, 2009), a former Army prosecutor at Guantanamo who resigned his position in September 2008 (see September 2008), publishes a column in the Washington Post explaining his decision. After a lengthy recounting of his experiences at Guantanamo, he concludes: “I am ashamed that it took me so long to recognize the stain of Guantanamo, not simply on America’s standing in the world, but as part, now, of a history we cannot undo. We have kept human beings in solitary confinement for as long as seven years, even though they have never been charged with any crime. In other places, we have beaten hooded, shackled prisoners, at least two of whom died as a result. There is a way out of Guantanamo. It is not as difficult as some apologists have made it seem. Many of the detainees have not committed war crimes and the handful of real terrorists and war criminals can be tried in federal court.… For the detainees who have not committed any crime, we must begin an immediate and intensive program of rehabilitation that will allow them to reintegrate into the societies from which they were removed on the flimsiest of legal bases.… No one who has fought for our country and its values has done so to enable what happened in Guantanamo. We did not sacrifice so that an administration of partisan civilians, abetted by military officers who seemed to have lost their moral compass, could defile our Constitution and misuse the rule of law. For a few dark years, it was ‘legal’ to mistreat fellow human beings. Now, some of that treatment has been called ‘torture’ by Susan Crawford, the convening authority of military commissions (see January 14, 2009). I just hope no one will see that kind of abuse—and look the other way—again.” [Washington Post, 1/18/2009]

Entity Tags: Darrel Vandeveld

Timeline Tags: Torture of US Captives

As one of its last official acts, the Bush administration asks federal judge Vaughn Walker to stay his ruling that keeps alive a lawsuit testing whether a sitting president can bypass Congress and eavesdrop on Americans without warrants. The request, filed at 10:56 p.m. on President Bush’s last full day in office, asks Walker to stay his ruling and allow the federal government to appeal his ruling that allows the al-Haramain lawsuit to proceed (see February 28, 2006). The warrantless wiretapping alleged in the lawsuit took place in 2004, well before Congress’s 2008 authorization of the government’s spy program. The Obama administration’s incoming Attorney General, Eric Holder, says the Justice Department will defend the spy program because Congress made it legal (see January 15, 2009). It is not clear whether the Justice Department under Holder will continue to fight the Al Haramain lawsuit. The Bush administration wants Walker to reverse his decision to let plaintiffs’ lawyers Wendell Belew and Asim Ghafoo use a Top Secret document that was accidentally disclosed to them in 2004 (see January 5, 2009); that document, which allegedly proves the warrantless and illegal nature of the wiretapping performed against the Al Haramain charity, is at the center of the lawsuit. Previous rulings disallowed the use of the document and forced the defense lawyers to return it to the government, but Walker ruled that other evidence supported the claim of warrantless wiretapping, and therefore the document could be used. In its request for a stay, the Bush administration asserts that allowing the document to be used in the lawsuit would jeopardize national security, and that the document is protected under the state secrets privilege (see March 9, 1953). Administration lawyers say that Walker should not be allowed to see the document, much less the defense lawyers. “If the court were to find… that none of the plaintiffs are aggrieved parties, the case obviously could not proceed, but such a holding would reveal to plaintiffs and the public at large information that is protected by the state secrets privilege—namely, that certain individuals were not subject to alleged surveillance,” the administration writes in its request. If the lawsuit continues, the government says, that decision “would confirm that a plaintiff was subject to surveillance” and therefore should not be allowed: “Indeed, if the actual facts were that just one of the plaintiffs had been subject to alleged surveillance, any such differentiation likewise could not be disclosed because it would inherently reveal intelligence information as to who was and was not a subject of interest, which communications were and were not of intelligence interest, and which modes of communication were and were not of intelligence interest, and which modes of communication may or may not have been subject to surveillance.” Jon Eisenberg, the lawyer for Belew and Ghafoo, says: “We filed this lawsuit to establish a judicial precedent that the president cannot disregard Congress in the name of national security. Plaintiffs have a right to litigate the legality of the surveillance.” [Wired News, 1/20/2009]

Entity Tags: Jon Eisenberg, Asim Ghafoo, Al Haramain Islamic Foundation, Bush administration (43), Obama administration, Eric Holder, Wendell Belew, Vaughn Walker, US Department of Justice, George W. Bush

Timeline Tags: Civil Liberties

As one of his first official acts as president, Barack Obama orders that all military prosecutions of terrorist suspects at the Guantanamo Bay detention facility be suspended for 120 days. The order comes during the inaugural ceremonies, and is issued by Defense Secretary Robert Gates, the only Cabinet holdover from the Bush administration. “In the interests of justice, and at the direction of the president of the United States and the secretary of defense, the government respectfully requests the military commission grant a continuance of the proceedings in the above-captioned case until 20 May 2009,” the request reads. [CNN, 1/21/2009; Agence France-Presse, 1/21/2009] Obama promised repeatedly during and after the presidential campaign that he would close the detention facility at the Guantanamo Naval Base. This request does not go that far, but it does bring to a halt the planned prosecution of 21 detainees currently facing war crimes charges, including 9/11 plotter Khalid Shaikh Mohammed. Jamil Dakwar, a representative for the American Civil Liberties Union (ACLU) at the base, calls the request “a good step in the right direction.” Gabor Rona, an observer for Human Rights Watch, also calls the order “a first step.” Rona continues, “The very fact that it’s one of his first acts reflects a sense of urgency that the US cannot afford one more day of counterproductive and illegal proceedings in the fight against terrorism.” Dakwar says the ACLU believes all charges against the prisoners should be dropped. “A shutdown of this discredited system is warranted,” he says. “The president’s order leaves open the option of this discredited system remaining in existence.” Major Jon Jackson, the lawyer for one of the 9/11 defendants, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001 and September 24, 2001-December 26, 2002), says, “We welcome our new commander in chief and this first step towards restoring the rule of law.” Approximately 245 detainees are currently housed at the camp; some 60 detainees have been cleared for release, but no country has agreed to take them. [CNN, 1/21/2009; Washington Post, 1/21/2009] Michele Cercone, spokesman for the European Union Justice and Home Affairs Commission, says the commission “has been very pleased that one of the first actions of Mr. Obama has been to turn the page on this sad episode of Guantanamo.” The request is accepted the day after (see January 21, 2009), and the Los Angeles Times writes that it “may be the beginning of the end for the Bush administration’s system of trying alleged terrorists.” [Associated Press, 1/21/2009]

Entity Tags: Jon Jackson, European Union Justice and Home Affairs Commission, Bush administration (43), Barack Obama, American Civil Liberties Union, Gabor Rona, Jamil Dakwar, Los Angeles Times, Robert M. Gates, Michele Cercone, Human Rights Watch, Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi

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

After taking office as president (see January 20-21, 2009), Barack Obama instructs new CIA Director Leon Panetta to develop options and find new resources for pursuing Osama bin Laden. An unnamed senior official will later say that while “a lot of good” had been done during the Bush administration years, resources for the CIA’s bin Laden hunt “fluctuated over time.” As part of the effort, the CIA increases the number of drone strikes on militant leaders in Pakistan’s tribal region. [Reuters, 5/12/2011]
Obama: Bin Laden Must Be Killed - In the spring of 2009, Obama tells his top intelligence officials that al-Qaeda can never be truly defeated unless bin Laden is killed, and the US needs the closure his death would provide. Obama allegedly says: “We need to redouble our efforts in hunting bin Laden down.… I want us to start putting more resources, more focus, and more urgency into that mission.” [ABC News, 6/9/2011]
New Attitude towards Pakistan - Part of the change is a new attitude towards the government of Pakistan. President Bush had close personal ties to Pakistani President Pervez Musharraf. But Musharraf resigned shortly before Obama became president (see August 18, 2008), making those ties moot. An unnamed former top Bush administration official will later say: “For a long time there was a strong inclination at the highest levels during our time to work with the Pakistanis, treat them as partners, defer to their national sensitivities.… There was some good reason for that.” But, this person says, the Obama administration “do seem more willing to push the envelope.” In 2011, former senior State Department official Vali Nasr will say: “Obama was fundamentally honest that the United States and Pakistan were on different trajectories in Afghanistan. Under Bush, there was this pretense that we were all in this war on terror together.” The Obama administration is increasingly skeptical about Pakistan’s promises to act against militants, and the US is more willing to act on its own to get militants hiding in Pakistan. [Reuters, 5/12/2011]

Entity Tags: Osama bin Laden, Bush administration (43), Barack Obama, Central Intelligence Agency, Obama administration, Pervez Musharraf, Leon Panetta, Vali Nasr

Timeline Tags: Complete 911 Timeline, War in Afghanistan

President Barack Obama signs a series of executive orders mandating the closure of the Guantanamo Bay detention facility within one year’s time, and declares that prisoners at that facility will be treated within the parameters of the Geneva Conventions. Obama’s order also mandates the closure of the CIA’s secret prisons overseas. Another element of those orders bans the practice of torture on detainees (see January 22, 2009). Obama calls the order the first move by his administration to reclaim “the moral high ground” vacated by the previous administration. Americans understand that battling terrorism cannot continue with a “false choice between our safety and our ideals,” he says. [Los Angeles Times, 1/23/2009; Washington Post, 1/23/2009] “We can no longer afford drift, and we can no longer afford delay, nor can we cede ground to those who seek destruction,” he adds. [Associated Press, 1/22/2009] “We believe we can abide by a rule that says, we don’t torture, but we can effectively obtain the intelligence we need.” [New York Times, 1/23/2009] The Washington Post reports that the orders essentially end the “war on terror” as it has been managed by the Bush administration, and writes, “[T]he notion that a president can circumvent long-standing US laws simply by declaring war was halted by executive order in the Oval Office.” However, Obama’s order does not detail what should be done with the detainees currently housed at Guantanamo. According to a White House summary, Obama’s orders “set… up an immediate review to determine whether it is possible to transfer detainees to third countries, consistent with national security.” If a prisoner cannot be transferred, “a second review will determine whether prosecution is possible and in what forum.” Obama says, “The message that we are sending the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly and we are going to do so effectively and we are going to do so in a manner that is consistent with our values and our ideals.” The US will now “observe core standards of conduct, not just when it’s easy, but also when it’s hard,” he adds. The orders do not specifically ban the practice of “rendition,” or secretly transferring prisoners to the custody of other nations, some of which practice torture. “There are some renditions that are, in fact, justifiable, defensible,” says a senior Obama administration official. “There’s not going to be rendition to any country that engages in torture.”
Republicans, Conservatives Object - Representative Peter Hoekstra (R-MI), a supporter of torture by the Bush administration, says Obama’s orders are imprecise and vague: “This is an executive order that places hope ahead of reality—it sets an objective without a plan to get there.” [Los Angeles Times, 1/23/2009; Washington Post, 1/23/2009] “What do we do with confessed 9/11 mastermind Khalid Shaikh Mohammed and his fellow terrorist conspirators.” Hoekstra asks, “offer them jail cells in American communities?” [Financial Times, 1/22/2009] Conservative news outlet Fox News tells its viewers, “The National Security Council told Fox that for now even [O]sama bin Laden or a high-ranking terrorist planner would be shielded from aggressive interrogation techniques that the CIA says produced lifesaving intelligence from… Mohammed.” [US News and World Report, 1/23/2009]
'A New Era for America' - Newly installed Secretary of State Hillary Clinton has a different view. “I believe with all my heart that this is a new era for America,” she tells reporters as she assumes her duties at the State Department. [Agence France-Presse, 1/22/2009] Former Bush official John Bellinger, the National Security Council’s top legal adviser, praises Obama’s orders, calling them “measured” and noting that they “do not take any rash actions.” Bellinger adds: “Although the Gitmo order is primarily symbolic, it is very important. It accomplishes what we could never accomplish during the Bush administration.” [New York Times, 1/23/2009] Retired admiral John Hutson agrees. “It is a 180 degree turn,” says Hutson. “It restores our status in the world. It enables us to be proud of the way we are prosecuting the war.” Closing the Guantanamo prison camp and banning torture “is the right thing to do morally, diplomatically, militarily and constitutionally,” Hutson adds, “but it also makes us safer.” Senator John Kerry (D-MA) calls the move “a great day for the rule of law.” [Financial Times, 1/22/2009; New York Times, 1/23/2009]

Entity Tags: Peter Hoekstra, Hillary Clinton, John Bellinger, Obama administration, John D. Hutson, John Kerry, Khalid Shaikh Mohammed, National Security Council, Fox News, Washington Post, Bush administration (43), Barack Obama, Central Intelligence Agency

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

Former Attorney General Alberto Gonzales tells an NPR reporter that he never allowed the Justice Department (DOJ) to become politicized, and that he believes the historical judgment of his tenure in the department will be favorable. He acknowledges making some errors, including failing to properly oversee the DOJ’s push to fire nine US attorneys in 2008, a process many believe was orchestrated by the White House with the involvement of Gonzales and then-White House political guru Karl Rove.
Failure to Engage - “No question, I should have been more engaged in that process,” he says, but adds that he is being held accountable for decisions made by his subordinates. “I deeply regret some of the decisions made by my staff,” he says, referring to his former deputy Paul McNulty, who resigned over the controversy after telling a Senate committee that the attorney firings were performance-related and not politically motivated. Gonzales says his then-chief of staff, Kyle Sampson, was primarily responsible for the US attorney review process and for working with McNulty. “If Paul McNulty makes a recommendation to me—if a recommendation includes his views—I would feel quite comfortable that those would be good recommendations coming to me” about the qualifications of the US attorneys under question, Gonzales says. He adds that he has “seen no evidence” that Rove or anyone at the White House tried to use the US attorneys to politicize the work at the DOJ. A review by the DOJ’s Inspector General found that the firing policy was fundamentally flawed, and that Gonzales was disengaged and had failed to properly supervise the review process.
Claims He Was Unfairly Targeted by 'Mean-Spirited' Washington Insiders - Gonzales says he has been unfairly held responsible for many controversial Bush administration policies, including its refusal to abide by the Geneva Conventions (see Late September 2001, January 9, 2002, January 18-25, 2002, January 25, 2002, August 1, 2002, November 11, 2004, and January 17, 2007) and its illegal eavesdropping on US citizens (see Early 2004, March 9, 2004, December 19, 2005, Early 2006, and February 15, 2006), because of his close personal relationship with former President Bush. Washington, he says, is a “difficult town, a mean-spirited town.” He continues: “Sometimes people identify someone to target. That’s what happened to me. I’m not whining. It comes with the job.”
Visiting Ashcroft at the Hospital - In 2004, Gonzales, then the White House counsel, and White House chief of staff Andrew Card raced to the bedside of hospitalized Attorney General John Ashcroft to persuade, or perhaps coerce, Ashcroft to sign off on a secret government surveillance program (see March 10-12, 2004). The intervention was blocked by Deputy Attorney General James Comey (see March 12-Mid-2004). Gonzales says he has no regrets about the incident: “Neither Andy nor I would have gone there to take advantage of somebody who was sick. We were sent there on behalf of the president of the United States.” As for threats by Justice Department officials to resign en masse over the hospital visit (see Late March, 2004), Gonzales merely says, “Lawyers often disagree about important legal issues.”
Warning about Plain Speaking - Gonzales says Obama’s attorney general nominee, Eric Holder, should refrain from making such statements as Holder made last week when he testified that waterboarding is torture. “One needs to be careful in making a blanket pronouncement like that,” Gonzales says, adding that such a statement might affect the “morale and dedication” of intelligence officials and lawyers who are attempting to make cases against terrorism suspects. [National Public Radio, 1/26/2009]

Entity Tags: US Department of Justice, Eric Holder, Bush administration (43), Andrew Card, Alberto R. Gonzales, Geneva Conventions, George W. Bush, James B. Comey Jr., Karl C. Rove, Paul J. McNulty, D. Kyle Sampson

Timeline Tags: Civil Liberties

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” [Wall Street Journal, 1/29/2009] Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” [Army, 9/2006] And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. [Wall Street Journal, 1/29/2009] In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

Attorneys for Jose Padilla, a US citizen convicted in 2007 of material support for terrorist activities (see May 8, 2002 and August 27, 2002) say that senior Bush administration officials knew Padilla was being tortured ever since being held as an enemy combatant in a South Carolina naval brig (see June 9, 2002). The lawyers say Bush officials such as former Defense Secretary Donald Rumsfeld must have known, because of the command structure and because Rumsfeld approved harsh interrogation tactics (see December 2, 2002). Padilla and his mother are suing the government for employing a wide variety of harsh interrogation tactics, including sleep deprivation, sensory deprivation, extended periods of isolation, forcible administering of hallucinogenic drugs, threats of death and mutilation, and enforced stress positions, as well as for violating his rights by holding him as an enemy combatant without due legal process. Both Rumsfeld and former Deputy Defense Secretary Paul Wolfowitz are named as defendants. Tahlia Townsend, an attorney for Padilla, says: “They knew what was going on at the brig and they permitted it to continue. Defendants Rumsfeld and Wolfowitz were routinely consulted on these kinds of questions.” The Justice Department is trying to get the case dismissed. [Raw Story, 1/30/2009] Justice Department lawyers claim that allowing the lawsuit to proceed would damage national security. They argue that a court victory for Padilla “would strike at the core functions of the political branches, impacting military discipline, aiding our enemies, and making the United States more vulnerable to terrorist attack.… Adjudication of the claims pressed by [Padilla] in this case would necessarily require an examination of the manner in which the government identifies, captures, designates, detains, and interrogates enemy combatants.” Padilla is seeking a symbolic $1 fine from each defendant along with a favorable ruling. [Christian Science Monitor, 1/29/2009]

Entity Tags: Paul Wolfowitz, Bush administration (43), Tahlia Townsend, US Department of Defense, US Department of Justice, Jose Padilla, Donald Rumsfeld

Timeline Tags: Torture of US Captives

George W. Bush’s former political guru Karl Rove echoes incorrect statements made by former Bush lawyer John Yoo. In an op-ed, Yoo claimed that President Obama’s prohibition against torture, and the mandate for US interrogators to use the Army Field Manual as their guide, prevents interrogators from using long-established, non-invasive techniques to question prisoners (see January 29, 2009). In an address at Loyola Marymount University, Rove tells his listeners: “The Army Field Manual prohibits ‘good cop, bad cop.’ All that stuff you see on CSI—the Army Field Manual prohibits it.… If you stop collecting that information, you begin to make America more at risk.” [Torrance Daily Breeze, 2/3/2009] Both Rove and Yoo are wrong. The Army Field Manual explicitly permits many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo and Rove claim it bans. [Army, 9/2006]

Entity Tags: Karl C. Rove

Timeline Tags: Torture of US Captives, Civil Liberties

Two British High Court judges rule against releasing documents describing the torture and abuse of Guantanamo detainee Binyam Mohamed (see May-September, 2001). The judges cite threats from the US government as shaping their decision, saying that the US had threatened to withhold intelligence cooperation from Britain if the information on Mohamed’s treatment were made public.
Confession through Torture, Detainee Alleges - Mohamed is a British resident who was arrested in Pakistan in 2002 (see September 2001 - April 9, 2002). He was initially charged with planning a “dirty bomb” attack in the US (see November 4, 2005); those charges were later dropped (see October-December 2008), but he has allegedly confessed to being an al-Qaeda operative and remains in detention without charges. Mohamed says that the confession was tortured out of him during his detention in secret prisons in Pakistan (see April 10-May, 2002 and May 17 - July 21, 2002), Morocco (see July 21, 2002 -- January 2004), and Afghanistan (see January-September 2004), and later in Guantanamo. During his incarcerations at these various prisons, he says he was beaten, deprived of sleep, and had his genitals cut with a scalpel. Mohamed’s attorneys argue that he has committed no crime and is a victim of torture and rendition by US officials, with British cooperation (see February 24, 2009). [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]
Judges, Lawmakers 'Dismayed' at US Threats - In their decision, Judges John Thomas and David Lloyd Jones write, “We did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence… relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be.” [Washington Post, 2/5/2009] They are dismayed that “there would be made a threat of the gravity of the kind made by the United States government, that it would reconsider its intelligence-sharing relationship” with Britain, one of its closest allies, if the British government made the summary public. [Los Angeles Times, 2/5/2009] They warn that a US withdrawal from intelligence-sharing could “inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat” remains. Conservative member of parliament David Davis tells the House of Commons, “The government is going to have to do some pretty careful explaining about what’s going on.” It is absolutely inappropriate for the US to have “threatened” the British government, Davis says: “The ruling implies that torture has taken place in the Mohamed case, that British agencies may have been complicit, and further, that the United States government has threatened our High Court that if it releases this information the US government will withdraw its intelligence cooperation with the United Kingdom.… Frankly, it is none of their business what our courts do.”
Lawyer Objects - Clive Stafford Smith, Mohamed’s attorney, says that by not disclosing the evidence, Britain is guilty of “capitulation to blackmail.… The judges used the word ‘threat’ eight times. That’s a criminal offense right there. That’s called blackmail. Only the Mafia have done that sort of stuff.” Smith continues: “It is hardly Britain’s finest hour. As the judges say, it is up to President Obama to put his money where his mouth is. He must repudiate his predecessor’s reprehensible policy.”
Prime Minister Knows Nothing of Threats - Officials in Prime Minister Gordon Brown’s office say they know nothing of any threats from Obama officials. “We have not engaged with the new administration on the detail of this case,” says a Brown spokesman. But British Foreign Secretary David Miliband notes: “Matters regarded as secret by one government should be treated as secret by others. For it to be called into question would pose a serious and real risk to continuing close intelligence-sharing with any government.” Miliband notes that the British government has made “strenuous efforts” to have Mohamed released (see August 2007). [New York Times, 2/4/2009; Washington Post, 2/5/2009]
ACLU Asks for Clarification - The American Civil Liberties Union (ACLU) has sent a letter to Secretary of State Hillary Clinton, asking that she clarify the Obama administration’s position on the Mohamed case and to reject what it described as the Bush administration’s policy of using false claims of national security to avoid judicial review of controversial programs. According to ACLU head Anthony Romero, “The latest revelation is completely at odds with President Obama’s executive orders that ban torture and end rendition, as well as his promise to restore the rule of law.” State Department spokesman Robert Wood refuses to comment on the judges’ statement, saying, “It’s the first I’ve heard of it.” [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]

Entity Tags: Robert Wood, John Thomas, Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Obama administration, Clive Stafford Smith, David Lloyd Jones, David Davis, Gordon Brown, David Miliband, Hillary Clinton

Timeline Tags: Torture of US Captives

Upon his return from a brief tour of the Guantanamo detention facility (see January 30, 2009), Senator James Inhofe (R-OK) delivers a speech on the floor of the Senate recommending that the facility remain open, despite President Obama’s decision to close it (see January 22, 2009). Inhofe says, “The military detention facilities at GTMO meet the highest international standards and are a fundamental part of protecting the lives of Americans from terrorism.” He says “[t]he detainees are being treated humanely,” there are “two lawyers for every detainee that has been charged or had charges preferred against them,” and there is one health care professional for every two detainees, ensuring that they receive the highest level of medical care (see April-May 2002, August 8, 2002-January 15, 2003, and March 10-April 15, 2007). Guantanamo “is the only complex in the world that can safely and humanely hold these individuals who pose such a grave security risk to the US,” Inhofe insists. “It is a secure location away from population centers, provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of the detainee, and provides medical care not available to a majority of the population of the world.” He goes on: “Furthermore, GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today (see Summer 2000 and November 30, 2008). New intelligence is continually being collected from detainees at GTMO and is being used to fight terrorists in Iraq, Afghanistan and around the globe.” Since the US “will continue to capture, hold and detain enemy combatants,” he says, “we require a location to safely detain and care for these detainees.” [US Senate, 2/5/2009] Fellow Republican Senator Richard Burr (R-NC), who joined Inhofe on the tour, agrees, saying that the Guantanamo facility is “well thought out and in keeping with our nation’s highest ideals.” Burr adds that it is the US guards, not the prisoners, who are being mistreated: “If anyone receives mistreatment at Guantanamo, it is the guard force. They must endure frequent verbal and physical attacks from detainees while maintaining the highest standard of care for those same individuals.” [US Senate, 2/2/2009] Neither Inhofe nor Burr address the hunger strike among Guantanamo detainees, nor the allegations that prisoners are being force-fed and beaten (see February 8, 2009). Satyam Khanna of the left-leaning website Think Progress notes: “It is unclear how Inhofe and his conservative colleagues failed to see 50 detainees on hunger strike, some near death, while touring the prison. Conveniently, none of the senators alerted the public to these facts upon their return.” [Think Progress, 2/9/2009]

Entity Tags: Richard Burr, Barack Obama, James M. Inhofe, Satyam Khanna

Timeline Tags: Torture of US Captives, Civil Liberties

Binyam Mohamed.Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” [Guardian, 2/8/2009]

Entity Tags: Yvonne Bradley, Binyam Mohamed, Bush administration (43), Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. [Bangor Daily News, 2/10/2009; Raw Story, 3/9/2009] Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. [Time, 9/30/2010]
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” [Time, 9/30/2010]

Entity Tags: Washington Regional Threat and Analysis Center, US Department of Homeland Security, Michael McFadden, Jose Padilla, Amber Cummings, Federal Bureau of Investigation, James G. Cummings, Richard C. Reid, WikiLeaks

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The Justice Department is holding back on publicly releasing an internal department report on the conduct of former department officials involved in approving waterboarding and other torture techniques. The department’s Office of Professional Responsibility (OPR), led by H. Marshall Jarrett, completed the report in the final weeks of the Bush administration. The report probes whether the legal advice given in crucial interrogation memos “was consistent with the professional standards that apply to Department of Justice attorneys.” According to knowledgeable sources, the report harshly criticizes three former department lawyers: John Yoo, Jay Bybee, and Steven Bradbury, all former members of the department’s Office of Legal Counsel. But then-Attorney General Michael Mukasey and his deputy, Mark Filip, objected to the draft. Filip wanted the report to be “balanced” with responses from the three principals. The OPR is now waiting on the three to respond to the draft’s criticisms before presenting the report to Attorney General Eric Holder. “The matter is under review,” says Justice Department spokesman Matthew Miller. The OPR report could be forwarded to state bar associations for possible disciplinary actions against any or all of the three. But Bush-era officials feel the probe is inherently unfair. “OPR is not competent to judge [the opinions by Justice Department attorneys]. They’re not constitutional scholars,” says a former Bush lawyer. Mukasey criticized the report, calling it “second-guessing” and says that Yoo, Bybee, and Bradbury operated under “almost unimaginable pressure” after 9/11, and offered “their best judgment of what the law required.” OPR investigators looked into charges by former OLC chief Jack Goldsmith and others that the legal opinions provided by the three were “sloppy,” legally dubious, and slanted to give Bush administration officials what they wanted. [Newsweek, 2/14/2009; Newsweek, 2/16/2009] Some of the report is later leaked to the press (see February 22, 2009).

Entity Tags: Jay S. Bybee, Eric Holder, Bush administration (43), Jack Goldsmith, US Department of Justice, Matthew Miller, Office of Professional Responsibility, Mark Filip, John C. Yoo, Michael Mukasey, Steven Bradbury, H. Marshall Jarrett

Timeline Tags: Torture of US Captives, Civil Liberties

A Justice Department investigation finds that the legal work done by John Yoo and two other former Justice lawyers for the Bush administration was unacceptably deficient. Opinions written by Yoo, his former boss Jay Bybee of the Office of Legal Counsel (OLC), and Bybee’s successor, Steven Bradbury, often ignored legal precedent and existing case law as they took extralegal stances on a number of controversial issues, including torture and domestic surveillance. Many of the opinions, including the August 2002 “Golden Shield” memo (see August 1, 2002), were written specifically to authorize illegal acts such as waterboarding that had already taken place, in an apparent attempt to provide the Bush administration with retroactive legal “cover.” The investigation finds that in that memo, Yoo ignored the landmark 1952 Youngstown Supreme Court ruling (see June 2, 1952) that restricts presidential authority. The investigation also finds that in the March 2003 memo authorizing the military to ignore the law in using extreme methods in interrogating suspected terrorists (see March 14, 2003), Yoo ignored the advice of military lawyers and Justice Department officials who warned that the memo contained major legal flaws. In this and others of Yoo’s torture memos, the investigation finds that he went well beyond the legal bounds of interrogation methods, failed to cite legal cases that might have undercut the Bush administration’s claims of broad new war powers, and refused to rewrite his opinions in light of these caveats. And, the investigation finds, Yoo often went over the head of Attorney General John Ashcroft and dealt directly with the White House, particularly with White House lawyers David Addington and Alberto Gonzales. The investigation was headed by H. Marshall Jarrett, the head of the Justice Department’s Office of Professional Responsibility (OPR), and has been in operation since 2004, following the Abu Ghraib torture scandal and the leak of one of Yoo’s “torture memos.” It is unclear whether the final OPR report will find that the actions of the former OLC lawyers rose to the level of “professional misconduct.” The report is being reviewed by Attorney General Eric Holder and other Justice Department officials. A draft was actually completed last year, and a copy was supposed to be given to Senators Richard Durbin (R-IL) and Sheldon Whitehouse (D-RI), but then-Attorney General Michael Mukasey repeatedly blocked the report’s release in order to give Yoo, Bybee, and Bradbury time to prepare their responses. Durbin and Whitehouse have asked Jarrett to explain the delay in the report’s release. [Public Record, 2/22/2009]

Entity Tags: David S. Addington, Sheldon Whitehouse, Steven Bradbury, US Department of Justice, Richard (“Dick”) Durbin, Bush administration (43), Office of Professional Responsibility, Michael Mukasey, Eric Holder, Office of Legal Counsel (DOJ), H. Marshall Jarrett, Alberto R. Gonzales, John C. Yoo, John Ashcroft, Jay S. Bybee

Timeline Tags: Civil Liberties

Former Guantanamo detainee Binyam Mohamed (see May-September, 2001), a British citizen who suffered extensive abuse during his detention (see July 21, 2002 -- January 2004 and February 8, 2009) and is just now released (see February 22-24, 2009), says in a written statement that British officials from MI5 played an integral part in his abduction and torture at the hands of the CIA and Moroccan officials. Senior MPs say they intend to investigate his claims. Just after his arrival in London, Mohamed tells reporters: “For myself, the very worst moment came when I realized in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.… I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realized, had allied themselves with my abusers.” Days later, the Daily Mail will obtain documents from Mohamed’s American court proceedings that show MI5 agents twice gave CIA agents lists of questions they wanted to have asked, as well as dossiers of photographs. [Guardian, 2/24/2009; Daily Mail, 3/8/2009]
Gives Primary Blame to CIA - Mohamed places the bulk of the blame on his rendition and torture on the CIA, and says, “It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways—all orchestrated by the United States government.” [Scotsman, 2/24/2009]
'They Sold Me Out' - Mohamed will later say that he reached his “lowest ebb” when he realized British agents were involved in his interrogation and torture. “They started bringing British files to the interrogations,” he will recall, “not one, but several of them, thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people who were torturing me, I felt completely naked.… They sold me out.” The documents indicate that MI5 did not know where Mohamed was being held, but that its agents knew he was in a third nation’s custody through the auspices of the CIA. MI5 agents met with their CIA counterparts in September 2002, well after Mohamed’s rendition to Morocco, to discuss the case. [Daily Mail, 3/8/2009]
False Confession - He suffered tortures in Pakistan (see April 10-May, 2002), Morocco, and Afghanistan (see January-September 2004), including being mutilated with scalpels, a mock execution, sleep deprivation for days, being fed contaminated food, and being beaten for hours while hanging by his wrists from shackles in the ceiling. He says that the closest he came to losing his mind entirely was when, in US custody in Afghanistan, he was locked in a cell and forced to listen to a CD of rap music played at ear-shattering volume 24 hours a day for a month. It was these tortures that drove him to confess to being part of a plot to build a radioactive “dirty bomb” (see November 4, 2005), a confession he now says was untrue and given merely to avoid further torment. He also confessed to meeting Osama bin Laden and getting a passport from 9/11 plotter Khalid Shaikh Mohammed: “None of it was true.” [Daily Mail, 3/8/2009]
'Zero Doubt' of British Complicity - His lawyer, Clive Stafford Smith, says Mohamed is being cared for under the auspices of his legal team, and is “incredibly skinny and very emaciated.” Stafford Smith says he has “zero doubt” Britain was complicit in his client’s ill-treatment. “Britain knew he was being abused and left him,” he says. Stafford Smith also says Mohamed was subjected to “very serious abuse” in Guantanamo. Mike Gapes, the chairman of the House of Commons Foreign Affairs Committee, says he intends to question Foreign Secretary David Miliband and Foreign Office Minister Lord Malloch Brown over “outstanding issues,” which include “rendition, what happened to people in Guantanamo Bay, and black sites,” a reference to prisons in Afghanistan and elsewhere. Two British judges say they are suppressing “powerful evidence” of Mohamed’s torture at the insistence of Miliband and US authorities (see February 4, 2009). [Guardian, 2/24/2009] Miliband says Mohamed’s release was effected due to “intensive negotiations with the US government,” in which he played a key part. Edward Davey of the Liberal Democrats has little use for Miliband’s claims, saying, “It is telling that David Miliband is unable to give a straightforward yes or no as to whether British agents and officials have been complicit in torture,” and adds that “Mohamed’s case may just be the tip of the iceberg.” [Scotsman, 2/24/2009]
Evidence that MI5 Lied - The new revelations about MI5’s involvement contradict the testimony of MI5 officials, who in 2007 told Parliament’s Intelligence and Security Committee that the agency had no idea that Mohamed had been subjected to “extraordinary rendition” to Morocco or anywhere else. The Daily Mail will note, “The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.” [Daily Mail, 3/8/2009]

Entity Tags: Malloch Brown, Mike Gapes, Central Intelligence Agency, Binyam Mohamed, UK Security Service (MI5), Clive Stafford Smith, David Miliband, Edward Davey

Timeline Tags: Torture of US Captives

Attorney General Eric Holder confirms the Obama administration’s plans to close the Guantanamo Bay detention facility (see November 16, 2008 and January 22, 2009), but calls it a well-run, professional institution. Closing Guantanamo “will not be an easy process,” Holder says after visiting the site. “It’s one we will do in a way that ensures that people are treated fairly and that the American people are kept safe.” Holder leads the administration’s effort to close the facility within a year. Most of that time will be spent reviewing the case files and histories of the 245 inmates currently incarcerated there: “It’s going to take us a good portion of that time to look at all of the files that we have to examine, until we get our hands around what Guantanamo is, and also what Guantanamo was,” he says. Senator James Inhofe (R-OK), an outspoken advocate of keeping Guantanamo open (see February 5, 2009), says he is encouraged by Holder’s remarks. “I believe as more time goes by there is a chance the administration will grow to realize that we need Gitmo and must keep it open,” he says. “More time will allow facts to replace political rhetoric.” Inhofe is promoting legislation that will bar any Guantanamo detainees from coming to the US. [Associated Press, 2/25/2009]

Entity Tags: Eric Holder, James M. Inhofe, Obama administration

Timeline Tags: Torture of US Captives

A federal appeals court rejects the Obama administration’s assertion that a potential threat to national security should stop a lawsuit challenging the government’s warrantless wiretapping program. The Justice Department had requested an emergency stay in a case brought by a defunct Islamic charity, the Al Haramain Islamic Foundation (see February 28, 2006). Al Haramain has asked that classified information be made available to the court to prove its case that the electronic surveillance brought to bear against it by the government was illegal; Justice Department lawyers contend that the information needs to remain classified and unavailable to the court, and cite the “state secrets” privilege (see March 9, 1953) as legal justification. Although the court rejects the request for the stay, Justice Department lawyers say they will continue fighting to keep the information secret. “The government respectfully requests that the court refrain from further actions to provide plaintiffs with access to classified information,” says a filing made by the Justice Department in regards to the ruling. A lawyer for Al Haramain, Steven Goldberg, says: “All we wanted was our day in court and it looks like we’re finally going to get our day in court. This case is all about challenging an assertion of power by the executive branch which is extraordinary.” The American Civil Liberties Union’s Ann Brick says the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.” [Associated Press, 2/27/2009] Days later, the Justice Department will file a brief announcing its intention to refuse to honor the appeals court’s decision (see March 2, 2009).

Entity Tags: Obama administration, Ann Brick, Steven Goldberg, US Department of Justice, Al Haramain Islamic Foundation

Timeline Tags: Civil Liberties

In a letter to Judge Alvin Hellerstein regarding the American Civil Liberties Union (ACLU)‘s lawsuit against the US Defense Department, the Justice Department informs Hellerstein that the CIA destroyed 92 videotapes of prisoner interrogations. The CIA’s previous admissions of the number of destroyed videotapes were far smaller (see November 2005). [Re: ACLU et al v. Department of Defense et al, 3/2/2009 pdf file] The CIA confirms that the tapes showed what it calls “enhanced interrogation techniques” used on a number of detainees. The Justice Department adds that it will provide a list of summaries, transcripts, and memoranda related to the destroyed tapes, though the American Civil Liberties Union notes that a previous list was almost entirely redacted. [TPM Muckraker, 3/6/2009; American Civil Liberties Union, 3/6/2009] The disclosure comes as part of a criminal inquiry into the tapes’ destruction. As the investigation comes to a close, observers expect that no charges will be filed against any CIA employees. The agency’s Directorate of Operations chief, Jose Rodriguez, ordered the recordings destroyed in November 2005 (see November 2005); former CIA Director Michael Hayden argued that the tapes posed “a serious security risk” because they contained the identities of CIA participants in al-Qaeda interrogations. Rodriguez has not yet been questioned. It is believed that the tapes show, among other interrogation sessions, the waterboarding of two detainees, Abu Zubaida (see Mid-May 2002 and After) and Abd al-Rahim al-Nashiri (see (November 2002)). Civil libertarians and human rights advocates are outraged at the destruction of the tapes. “The sheer number of tapes at issue demonstrates that this destruction was not an accident,” says Amrit Singh, a staff lawyer with the American Civil Liberties Union (ACLU). “It’s about time the CIA was held accountable for its flagrant violation of the law,” she adds. CIA spokesman George Little says the destruction of the tapes was not an attempt to break the law or evade accountability. “If anyone thinks it’s agency policy to impede the enforcement of American law, they simply don’t know the facts,” Little says. Senator Dianne Feinstein (D-CA), who chairs the Senate Intelligence Committee, confirms that her panel intends to conduct a broader investigation of the CIA’s interrogation program. [Washington Post, 3/3/2009]

Entity Tags: Michael Hayden, Jose Rodriguez, Jr., US Department of Justice, Senate Intelligence Committee, Central Intelligence Agency, Amrit Singh, American Civil Liberties Union, George Little, US Department of Defense, Alvin K. Hellerstein, Dianne Feinstein

Timeline Tags: Torture of US Captives

In response to a Freedom of Information Act lawsuit by the American Civil Liberties Union (ACLU), the CIA turns over unredacted pages of a classified internal agency report that concluded the techniques used on two prisoners “appeared to constitute cruel, inhumane, and degrading treatment, as defined by the International Convention Against Torture” (see October 21, 1994). The CIA also turns over evidence showing that videotapes of the two prisoners being tortured were destroyed (see March 6, 2009). The pages are from a 2004 report compiled by then-CIA Inspector General John Helgerson. The document reads in part: “In January 2003, OIG [Office of Inspector General] initiated a special review of the CIA terrorist detention and interrogation program. This review was intended to evaluate CIA detention and interrogation activities, and was not initiated in response to an allegation of wrongdoing. During the course of the special review, OIG was notified of the existence of videotapes of the interrogations of detainees. OIG arranged with the NCS [National Clandestine Service, the covert arm of the CIA] to review the videotapes at the overseas location where they were stored. OIG reviewed the videotapes at an overseas covert NCS facility in May 2003. After reviewing the videotapes, OIG did not take custody of the videotapes and they remained in the custody of NCS. Nor did OIG make or retain a copy of the videotapes for its files. At the conclusion of the special review in May 2004, OIG notified [the Justice Department] and other relevant oversight authorities of the review’s findings.” The report has never been made public, but information concerning it was revealed by the New York Times in 2005 (see May 7, 2004). [Public Record, 3/6/2009]

Entity Tags: American Civil Liberties Union, National Clandestine Service, John Helgerson, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The New York Review of Books publishes a lengthy article documenting the Red Cross’s hitherto-secret report on US torture practices at several so-called “black sites.” The International Committee of the Red Cross (ICRC) issued a report on “The Black Sites” in February 2007 (see October 6 - December 14, 2006), but that report has remained secret until now. These “black sites” are secret prisons in Thailand, Poland, Afghanistan, Morocco, Romania, and at least three other countries (see October 2001-2004), either maintained directly by the CIA or used by them with the permission and participation of the host countries.
Specific Allegations of Torture by Official Body Supervising Geneva - The report documents the practices used by American guards and interrogators against prisoners, many of which directly qualify as torture under the Geneva Conventions and a number of international laws and statutes. The ICRC is the appointed legal guardian of Geneva, and the official body appointed to supervise the treatment of prisoners of war; therefore, its findings have the force of international law. The practices documented by the ICRC include sleep deprivation, lengthy enforced nudity, subjecting detainees to extensive, intense bombardment of noise and light, repeated immersion in frigid water, prolonged standing and various stress positions—sometimes for days on end—physical beatings, and waterboarding, which the ICRC authors call “suffocation by water.” The ICRC writes that “in many cases, the ill-treatment to which they [the detainees] were subjected while held in the CIA program… constituted torture.” It continues, “In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, and degrading treatment.” Both torture and “cruel, inhuman, and degrading treatment” are specifically forbidden by Geneva and the Convention Against Torture, both of which were signed by the US (see October 21, 1994). The 14 “high-value detainees” whose cases are documented in the ICRC report include Abu Zubaida (see March 28, 2002), Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), and Tawfiq bin Attash (see March 28, 2002-Mid-2004). All 14 remain imprisoned in Guantanamo. [New York Review of Books, 3/15/2009 pdf file; New York Review of Books, 3/15/2009] Based on the ICRC report and his own research, Danner draws a number of conclusions.
bullet The US government began to torture prisoners in the spring of 2002, with the approval of President Bush and the monitoring of top Bush officials, including Attorney General John Ashcroft. The torture, Danner writes, “clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law.”
bullet Bush, Ashcroft, and other top government officials “repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The president lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him.”
bullet Congress was privy to a large amount of information about the torture conducted under the aegis of the Bush administration. Its response was to pass the Military Commissions Act (MCA—see October 17, 2006), which in part was designed to protect government officials from criminal prosecutions under the War Crimes Act.
bullet While Congressional Republicans were primarily responsible for the MCA, Senate Democrats did not try to stop the bill—indeed, many voted for it. Danner blames the failure on its proximity to the November 2006 midterm elections and the Democrats’ fear of being portrayed as “coddlers of terrorists.” He quotes freshman Senator Barack Obama (D-IL): “Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.” (Obama voted against the MCA, and, when it passed, he said, “[P]olitics won today.”)
bullet The damage done to the US’s reputation, and to what Danner calls “the ‘soft power’ of its constitutional and democratic ideals,” has been “though difficult to quantify, vast and enduring.” Perhaps the largest defeat suffered in the US’s “war on terror,” he writes, has been self-inflicted, by the inestimable loss of credibility in the Muslim world and around the globe. The decision to use torture “undermin[ed] liberal sympathizers of the United States and convinc[ed] others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us.”
A Need for Investigation and Prosecution - Danner is guardedly optimistic that, under Democratic leadership in the White House and Congress, the US government’s embrace of torture has stopped, and almost as importantly, the authorization and practice of torture under the Bush administration will be investigated, and those responsible will be prosecuted for crimes against humanity. But, he notes, “[i]f there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it.” [New York Review of Books, 3/15/2009]

Entity Tags: Khallad bin Attash, Khalid Shaikh Mohammed, Bush administration (43), Barack Obama, Abu Zubaida, New York Review of Books, Central Intelligence Agency, George W. Bush, Geneva Conventions, John Ashcroft, International Committee of the Red Cross, Mark Danner

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Journalist and author Mark Danner, who has just published a lengthy examination of torture under Bush administration policies (see March 15, 2009), says as long as the press continues to dodge the use of the word “torture,” the country will continue to have trouble coming to grips with the issues surrounding the policies. Danner, appearing on C-SPAN’s Washington Journal, says the press continues to engage in a “semantic debate” over whether the US committed torture under the Bush administration. “One can continue to talk about torture is in the eye of the beholder, etc., etc., but frankly, nobody of any legal reputation believes that,” says Danner. Danner adds he is “frustrated by the practices of the press” that are “interfering with a clear debate.” Danner says: “I think the definitional question is extremely important, and… I think it’s extremely important to get by it already. We’re debilitated in that by some degree by the practices of the American press, frankly, which is that as long as the president or people in power continue to cling to a definition that they assert is the truth—as President Bush did when it came to torture, he said repeatedly the United States does not torture—the press feels obliged to report that and consider the matter as a question of debate.” [Think Progress, 3/17/2009]

Entity Tags: Mark Danner, Bush administration (43)

Timeline Tags: Torture of US Captives

Condoleezza Rice on the Charlie Rose show.Condoleezza Rice on the Charlie Rose show. [Source: PBS]Former Secretary of State Condoleezza Rice tells PBS’s Charlie Rose that “no one” in the White House ever asserted that Saddam Hussein had any connections to 9/11. Rose says, “But you didn’t believe [the Hussein regime] had anything to do with 9/11.” Rice replies: “No. No one was arguing that Saddam Hussein somehow had something to do with 9/11.… I was certainly not. The president was certainly not.… That’s right. We were not arguing that.” Rice refuses to answer Rose’s question asking if former Vice President Dick Cheney ever tried to make the connection. In reality, former President Bush and his top officials, including Cheney and Rice, worked diligently to reinforce a connection between Iraq and 9/11 in the public mind before the March 2003 invasion (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). [Think Progress, 3/19/2009]

Entity Tags: Saddam Hussein, Bush administration (43), Charlie Rose, Richard (“Dick”) Cheney, George W. Bush, Condoleezza Rice

Timeline Tags: Events Leading to Iraq Invasion

The US places a $5 million bounty on the head of militant leader Sirajuddin Haqqani. Haqqani has been slowly taking over leadership of the Haqqani network from his aging father Jalaluddin Haqqani. The Haqqani network is a semi-autonomous branch of the Taliban and is based in Pakistan. The US State Department announcement of the bounty claims that Sirajuddin Haqqani “maintains close ties to al-Qaeda,” and it further claims that he admitted planning a January 2008 attack on a hotel in Kabul, Afghanistan, that killed six people, including a US citizen (see January 14, 2008), and he also admitted planning the April 2008 assassination attempt on Afghan President Hamid Karzai (see April 27, 2008). [US Department of State, 3/25/2009] However, the US has yet to officially blacklist the Haqqani network itself. Nor has the US put a bounty on Jalaluddin Haqqani, even though he continues to lead the network with Sirajuddin. US intelligence believes the ISI, Pakistan’s intelligence agency, has long-standing links to the Haqqani network, and to Jalaluddin Haqqani in particular (see July 28, 2008).

Entity Tags: Jalaluddin Haqqani, Haqqani Network, US Department of State, Sirajuddin Haqqani, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

The New York Times reports that there is fresh evidence the Pakistani government supports many Islamist militant groups who are fighting US forces. Pakistani support for militants has mainly run through the ISI, Pakistan’s intelligence agency.
US Pressure Not Effective - Shortly after Asif Ali Zardari became president of Pakistan in September 2008 (see September 9, 2008), he faced accusations by the US that the ISI helped the militants bomb the Indian embassy in Kabul, Afghanistan (see July 7, 2008 and July 28, 2008). Zardari promised that the ISI would be “handled” and anyone working with militants would be fired. Some top ISI officials were replaced, including ISI Director Nadeem Taj (see September 30, 2008). However, many US and even Pakistani officials have since complained to the Times that there has been little effect seen. The Times reports that “new details reveal that the spy agency is aiding a broader array of militant networks with more diverse types of support than was previously known—even months after Pakistani officials said that the days of the ISI’s playing a ‘double game’ had ended.”
The Mysterious S Wing - US officials say that it is unlikely that the highest ranking Pakistani officials are managing relationships with militants. Instead, most of the contacts are done by the S Wing of the ISI. Very little is publicly known about the S Wing. [New York Times, 3/26/2009] However, a later Times article will note, “Pakistani military officials give the spy service’s ‘S Wing’—which runs external operations against the Afghan government and India—broad autonomy, a buffer that allows top military officials deniability.” [New York Times, 7/26/2010] The groups S Wing is believed to support include:
bullet The Taliban. Taliban leaders are believed to be given safe haven in the Pakistani town of Quetta.
bullet The Haqqani network. This is a semi-autonomous branch of the Taliban, based in Pakistan’s tribal region. Its leader is Jalaluddin Haqqani, who has been an ISI asset since the 1980s.
bullet The Gulbuddin Hekmatyar network. Like the Haqqani network, Hekmatyar’s network is based in Pakistan but attacks US forces in Afghanistan in alliance with Taliban forces.
bullet Lashkar-e-Taiba. This Pakistani militant group is not very active in Afghanistan, but it has been linked to a number of attacks, including the 2008 attacks in Mumbai, India.
The ISI’s S Wing gives these groups funding, training, protection, and intelligence. The groups are tipped off to planned US drone strikes and other attacks. S Wing operatives even search radical madrassas (boarding schools) in Pakistan to find new recruits for the groups. Most shockingly, ISI officials regularly sit in on meetings of Taliban leaders and other militant leaders and help decide strategy. This practice has become so widely known that in recent months, the British government has repeatedly asked the ISI to use its influence with the Taliban to scale back attacks in Afghanistan before the August presidential elections there.
Opposition to Tehrik-i-Taliban - Not all militants are supported, however. For instance, the Pakistani government generally opposes the Tehrik-i-Taliban (also known as the Pakistani Taliban), even though it is linked to the Taliban and other groups Pakistan does support, because this group has the goal of overthrowing Pakistan’s government. Director of National Intelligence Dennis Blair recently told US senators, “There are some [groups the Pakistani government] believe have to be hit and that we should cooperate on hitting, and there are others they think don’t constitute as much of a threat to them and that they think are best left alone.”
Pakistan's Reasoning - Publicly, Pakistan denies all support for militant groups. But privately, unnamed Pakistani officials tell the Times that “the contacts were less threatening than the American officials depicted and were part of a strategy to maintain influence in Afghanistan for the day when American forces would withdraw and leave what they fear could be a power vacuum to be filled by India, Pakistan’s archenemy.” One official says that Pakistan needs groups like the Taliban as “proxy forces to preserve our interests.” [New York Times, 3/26/2009]

Entity Tags: Lashkar-e-Toiba, Taliban, Nadeem Taj, Pakistan Directorate for Inter-Services Intelligence, Haqqani Network, Tehrik-i-Taliban, Gulbuddin Hekmatyar, S Wing, Dennis C. Blair, Asif Ali Zardari

Timeline Tags: Complete 911 Timeline

Baltasar Garzon.Baltasar Garzon. [Source: Presidency of Argentina]A Spanish court begins preliminary work towards opening a criminal investigation into allegations that six former top Bush administration officials may be guilty of war crimes related to torture of prisoners at Guantanamo. Spanish law allows the investigation and prosecution of people beyond its borders in the case of torture or war crimes. Investigative judge Baltasar Garzon, who ordered the arrest of Chilean dictator Augusto Pinochet and has overseen the prosecution of numerous terrorists and human rights violators, wants to prosecute former US Attorney General Alberto Gonzales, former Justice Department lawyers John Yoo and Jay Bybee, former Defense Department officials William Haynes and Douglas Feith, and David Addington, the former chief of staff to then-Vice President Cheney. Many legal experts say that even if Garzon’s case results in warrants being issued, it is highly doubtful that the warrants would ever be served as long as the six potential defendants remain in the US. Spain has jurisdiction in the case because five Spanish citizens or residents have claimed to have been tortured at Guantanamo; the five faced charges in Spain, but were released after the Spanish Supreme Court ruled that evidence obtained through torture was inadmissible. Garzon’s complaint rests on alleged violations of the Geneva Conventions and the 1984 Convention Against Torture (see October 21, 1994). The complaint was prepared by Spanish lawyers with the assistance of experts in Europe and America, and filed by the Association for the Dignity of Prisoners, a Spanish human rights group. Lawyer Gonzalo Boye, who filed the complaint, says that Gonzales, Yoo, and the others have what he calls well-documented roles in approving illegal torture techniques, redefining torture, and ignoring the constraints set by the Convention Against Torture. “When you bring a case like this you can’t stop to make political judgments as to how it might affect bilateral relations between countries,” Boye says. “It’s too important for that.” Boye adds: “This is a case from lawyers against lawyers. Our profession does not allow us to misuse our legal knowledge to create a pseudo-legal frame to justify, stimulate, and cover up torture.” The US is expected to ignore any extradition requests occuring from the case. [New York Times, 3/28/2009; Associated Press, 3/28/2009]

Entity Tags: William J. Haynes, Jay S. Bybee, David S. Addington, John C. Yoo, Geneva Conventions, Convention Against Torture, Gonzalo Boye, Association for the Dignity of Prisoners, Alberto R. Gonzales, Baltasar Garzon, Bush administration (43)

Timeline Tags: Civil Liberties

The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” [Washington Post, 3/29/2009]

Entity Tags: Jose Padilla, Al-Qaeda, Ahmed Ressam, Abu Zubaida, Bush administration (43), Federal Bureau of Investigation, Khalid Shaikh Mohammed, US Department of Justice, Joseph Margulies, Central Intelligence Agency, Noor al-Deen

Timeline Tags: Torture of US Captives

The CIA fires two contractors, psychologists James Mitchell and Bruce Jessen, from their lucrative consulting contracts. Mitchell and Jessen designed the CIA’s torture program (see January 2002 and After, April 16, 2002, Mid-April 2002, and Between Mid-April and Mid-May 2002), and earned $1,000 a day in doing so (see April 30, 2009). The CIA now believes that the two fundamentally misrepresented their knowledge of the safety and efficacy of particular torture techniques, particularly waterboarding. The firings are part of a larger “purge” by CIA Director Leon Panetta of all contractors involved in the Bush-era torture program. Panetta tells CIA employees that all contractors involved in the interrogation program and secret prisons are being “promptly terminated.” [ABC News, 6/16/2009]

Entity Tags: Leon Panetta, Bruce Jessen, Bush administration (43), James Elmer Mitchell, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA says it intends to close down the network of secret overseas prisons it used to torture suspected terrorists during the Bush administration. CIA Director Leon Panetta says that agency officers who worked in the program “should not be investigated, let alone punished” because the Justice Department under President Bush had declared their actions legal. Justice Department memos (see April 16, 2009) and investigations by the International Committee of the Red Cross (see October 6 - December 14, 2006) have shown that torture was used on several prisoners in these so-called “black sites.” Panetta says the secret detention facilities have not been used since 2006, but are still costing taxpayers money to keep open. Terminating security contracts at the sites would save “at least $4 million,” he says. The CIA has never revealed the location of the sites, but independent investigations and news reports place at least some of them in Afghanistan, Thailand, Poland, Romania, and Jordan. Agency officials have claimed that fewer than 100 prisoners were ever held in the sites, and around 30 of them were tortured. The last 14 prisoners were transferred to Guantanamo in 2006 (see September 2-3, 2006), but then-President Bush ordered the sites to remain open for future use. Since then, two suspected al-Qaeda operatives are known to have been kept in the sites. Panetta also says that the CIA will no longer use private contractors to conduct interrogations. [New York Times, 4/10/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency

Timeline Tags: Torture of US Captives

President Obama presides over a deeply divided group of top advisers as he decides whether or not to release four Bush-era Justice Department memos documenting the Bush administration’s torture policies (see April 16, 2009). CIA Director Leon Panetta and his four immediate predecessors have already registered their flat disapproval of the memos’ release (see March 18, 2009 and After), as has Obama’s top counterterrorism adviser, John Brennan. On the other side are Attorney General Eric Holder, Director of National Intelligence Dennis Blair, and White House counsel Gregory Craig. Defense Secretary Robert Gates has indicated he supports the release because it is inevitable anyway—the memos are the subject of a Freedom of Information Act (FOIA) lawsuit—and because Obama is willing to promise that no CIA officers will be prosecuted for abuse. Joint Chiefs of Staff Chairman Michael Mullen sides with Gates. Obama presides over a “mini-debate” in the office of White House chief of staff Rahm Emanuel, where each side designates a spokesperson to present its views. When the debate is concluded, Obama immediately dictates a draft of his announcement of the memos’ release. During the discussion, Obama rejects the proposal that the memos’ release be delayed in anticipation of a so-called “truth commission” to investigate Bush torture policies, saying that such delay would just create further divisiveness. Craig argues persuasively that the judge overseeing the FOIA lawsuit is unlikely to grant any delays. Obama aides later say the president’s decision is in keeping with his frequent campaign promises that he would not only stop the torture and abuse of prisoners in US custody, but get to the truth behind the Bush administration’s torture policies. [Newsweek, 4/18/2009; Washington Post, 4/24/2009]

Entity Tags: Robert M. Gates, US Department of Justice, Rahm Emanuel, Leon Panetta, Greg Craig, Dennis C. Blair, Barack Obama, John O. Brennan, Eric Holder, Michael Mullen

Timeline Tags: Torture of US Captives

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

Fox News commentators mock the idea of using insects to torture prisoners, as was revealed in recently released Justice Department torture memos (see April 16, 2009). Mike Huckabee (R-AR), the former governor of Arkansas and a 2008 presidential candidate who now has his own talk show on Fox, says, “Look, I’ve been in some hotels where there were more bugs than these guys faced.” Huckabee goes on to characterize the Obama administration’s version of prisoner interrogation, saying, “We’re going to talk to them, we’re going to have a nice conversation, we’re going to invite them down for some tea and crumpets.” Huckabee’s fellow commentators Gretchen Carlson and Steve Doocy join in the hilarity. [Media Matters, 4/17/2009; Media Matters, 4/21/2009]

Entity Tags: Gretchen Carlson, Fox News, Steve Doocy, Mike Huckabee

Timeline Tags: Torture of US Captives, Domestic Propaganda

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former CIA Director Michael Hayden refuses to confirm information from a recently released CIA memo that shows alleged 9/11 mastermind Khalid Shaikh Mohammed had been waterboarded 183 times in a single month (see April 16, 2009). Even though the memo has been released to the public, Hayden says he believes that information is still classified. Hayden says he opposed the release of the memo and three others recently released by the White House. Even though President Obama has said that the US will never use waterboarding and other “harsh interrogation techniques” again, Hayden says: “At the tactical level, what we have described for our enemies in the midst of a war are the outer limits that any American would ever go to in terms of interrogating an al-Qaeda terrorist. That’s very valuable information. Now, it doesn’t mean we would always go to the outer limits, but it describes the box within which Americans will not go beyond. To me, that’s very useful for our enemies, even if as a policy matter, this president at this time had decided not to use one, any, or all of those techniques. It reveals the outer limits. That’s very important.” Hayden also disputes reports that suspected terrorist Abu Zubaida revealed nothing new after being tortured; he says that after Zubaida was subjected to waterboarding and other unspecified “techniques,” he revealed information leading to the capture of suspected terrorist Ramzi bin al-Shibh. [New York Times, 4/19/2009; Think Progress, 4/19/2009] Days later, former FBI interrogator Ali Soufan will reveal information that disputes Hayden’s claims (see Late March through Early June, 2002 and April 22, 2009).

Entity Tags: Central Intelligence Agency, Michael Hayden

Timeline Tags: Torture of US Captives

Brian Kilmeade.Brian Kilmeade. [Source: Chattahbox (.com)]Brian Kilmeade, a co-host of Fox News’s morning broadcast Fox and Friends, says he “feel[s] better” knowing that alleged 9/11 mastermind Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 16, 2009 and April 18, 2009). “Guess what?” Kilmeade says. “Maybe if he were so scared of caterpillars [referring to militant training camp facilitator Abu Zubaida’s torture by insects—see August 1, 2002]… maybe he should have thought about that before he helped plot the taking down of 3,000-plus people on 9/11.” (Kilmeade is either unaware of, or ignoring, reports that show Zubaida may not have been a member of al-Qaeda and had no involvement in the 9/11 planning—see March 28, 2002, Shortly After March 28, 2002, and April 9, 2002 and After.) Kilmeade continues: “Khalid Shaikh Mohammed, I understand, was waterboarded 183 times. Did anyone care about that? Does anyone in America walk around going, ‘I’m really upset that the mastermind of 9/11 was waterboarded 183 times.’ That makes me feel better.… It’s unbelievable that people care more about Khalid Shaikh Mohammed, uh, his health, than they would about the future attacks that are being hatched.” [Media Matters, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Brian Kilmeade, Fox News

Timeline Tags: Torture of US Captives

Democratic Representatives Jerrold Nadler (D-NY) and John Conyers (D-MI) say they intend to push for the impeachment of federal judge Jay Bybee in response to the report on torture issued by the Senate Armed Services Committee (see April 21, 2009). As the former head of the Justice Department’s Office of Legal Counsel under President Bush, Bybee signed off on two memos that justified the use of torture (see August 1, 2002 and August 1, 2002). Nadler says that the purpose of the Bybee memos was never to give an honest legal analysis, but to provide legal cover for patently illegal actions in order to encourage those actions. Nadler says the charge against Bybee would be something approaching “conspiracy to abet torture.” Conyers, the chairman of the House Judiciary Committee, says he intends to hold hearings to examine the role that Bybee and other Bush administration lawyers played in crafting Bush administration torture policies. “There are some who tried to do a get-out-of-jail-free card. Obviously, there are some that that’s all they were thinking,” he says, refusing to name anyone specifically. However, he says, “We’re coming after these guys.” [Huffington Post, 4/21/2009] Bybee will not be impeached, though he will be found to have exhibited “poor judgment” during his tenure in the Department of Justice (see February 2010).

Entity Tags: US Department of Justice, Bush administration (43), Jay S. Bybee, Jerrold Nadler, John Conyers, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” [New York Times, 4/22/2009; Newsweek, 4/25/2009] In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). [Newsweek, 4/25/2009]
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]

Entity Tags: US Department of Justice, Khalid Shaikh Mohammed, Jose Padilla, Federal Bureau of Investigation, Ali Soufan, Abu Zubaida, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jordan’s King Abdullah, during an interview on NBC, says the US indeed tortured prisoners during the last administration. “Well, from what we’ve seen and what we’ve heard, there are enough accounts to show that this is the case,” Abdullah says. Interviewer David Gregory says: “That’s an important point. You actually do believe that the United States engaged in torture.” Abdullah responds, “What I see on the press… shows that there were illegal ways of dealing with detainees.” [Think Progress, 4/25/2009]

Entity Tags: David Gregory, Abdullah II ibn al-Hussein

Timeline Tags: Torture of US Captives

As calls mount for the impeachment of Judge Jay Bybee (see April 21, 2009), who signed off on two key Bush-era torture memos as the head of the Justice Department’s Office of Special Counsel (see August 1, 2002 and August 1, 2002), some friends of Bybee’s say that he now regrets signing the memos. “I’ve heard him express regret at the contents of the memo,” says a fellow legal scholar who refuses to allow his name to be published. “I’ve heard him express regret that the memo was misused. I’ve heard him express regret at the lack of context—of the enormous pressure and the enormous time pressure that he was under. And anyone would have regrets simply because of the notoriety.” The scholar adds: “On the primary memo, that legitimated and defined torture, he just felt it got away from him. What I understand that to mean is, any lawyer, when he or she is writing about something very complicated, very layered, sometimes you can get it all out there and if you’re not careful, you end up in a place you never intended to go. I think for someone like Jay, who’s a formalist and a textualist, that’s a particular danger.” Democratic lawmakers complain that Bybee won quick Senate confirmation for his judgeship (see February 5, 2003) in part because he did not discuss the memos during his confirmation hearings. Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee, says, “If the Bush administration and Mr. Bybee had told the truth, he never would have been confirmed.” Leahy says that now, “the decent and honorable thing for him to do would be to resign.” ACLU senior official Jameel Jaffer says that whatever regrets or caveats Bybee may be experiencing are moot. “I don’t think the August 2002 memos reflect serious attempts to grapple in good faith with the law,” Jaffer says. “These are documents that are meant to justify predetermined ends. They’re not objective legal memos at all.” [Washington Post, 4/25/2009; Think Progress, 4/25/2009]

Entity Tags: Office of Special Counsel, Bush administration (43), Jameel Jaffer, Jay S. Bybee, US Department of Justice, Patrick J. Leahy

Timeline Tags: Torture of US Captives

Senator and former presidential candidate John McCain (R-AZ), a strong opponent of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009), says that the US must “move on” from the Bush era of torture and not investigate the Bush administration’s torture policies. McCain refuses to support Democratic calls to impeach former Justice Department official Jay Bybee, who authored several of the torture memos (see August 1, 2002 and August 1, 2002), even as he acknowledges Bybee broke the law. McCain says: “He falls into the same category as everybody else as far as giving very bad advice and misinterpreting, fundamentally, what the United States is all about, much less things like the Geneva Conventions. Look, under President Reagan we signed an agreement against torture. We were in violation of that.” McCain says that “no one has alleged, quote, wrongdoing” on the part of Bush officials such as Bybee, saying only that they gave “bad advice” to Bush and other senior officials. [Think Progress, 4/26/2009]

Entity Tags: John McCain, Bush administration (43), Jay S. Bybee

Timeline Tags: Torture of US Captives

Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. [Der Spiegel (Hamburg), 4/27/2009]

Entity Tags: Khalid Shaikh Mohammed, Der Spiegel, Central Intelligence Agency, Aleksander Kwasniewski, Adam Krzykowski, Deuce Martinez, International Committee of the Red Cross, Dick Marty, Robert Majewski, Leszek Miller, Mariusz Kowalewski, Eurocontrol, Stare Kiejkuty, Wojskowe Sluzby Informacyjne

Timeline Tags: Torture of US Captives

Former Bush National Security Adviser and Secretary of State Condoleezza Rice, who has returned to Stanford University to teach political science and serve as a senior fellow at the university’s conservative Hoover Institute [Stanford University News, 1/28/2009] , refuses to take any responsibility for the Bush administration’s torture policies. All she ever did, she tells students, was “convey… the authorization of the administration” (see Late 2001-Early 2002, April 2002 and After, Mid-May, 2002, July 17, 2002, September or October 2002, Summer 2003, May 3, 2004, and April 9, 2008). However, Rice adds, since President Bush authorized the torture program, it was by definition legal, no matter what domestic law or international treaties stipulated. “The president instructed us that nothing we would do would be outside of our obligations, legal obligations under the Convention Against Torture” (see October 21, 1994), she says. “So that’s—and by the way, I didn’t authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department’s clearance. That’s what I did.” Asked if waterboarding constitutes torture, Rice responds: “I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.” Ali Frick, a reporter with the progressive news Web site Think Progress, writes in response: “Rice is attempting to hide her central role in approving torture.… Rice’s opinion that a presidential authorization—‘by definition’—grants something legality is deeply disturbing. In fact, the United States—and its president—are bound by US statute and international treaties that ban the use of cruel, humiliating, degrading treatment, the infliction of suffering, and the attempt to extract coerced confessions. Memo to Rice: Bush may have been ‘the Decider,’ but he didn’t have the authority to make an illegal act magically legal.” [Think Progress, 4/30/2009] In the same conversation, Rice seems to say that al-Qaeda poses a greater threat to the US than did Nazi Germany, and again denies that the US ever tortured anyone. A student asks, “Even in World War II facing Nazi Germany, probably the greatest threat that America has ever faced—” and Rice interjects, “Uh, with all due respect, Nazi Germany never attacked the homeland of the United States.” “No, but they bombed our allies—” the student replies, and Rice once again interrupts: “No, just a second, just a second. Three thousand Americans died in the Twin Towers and the Pentagon [referring to the 9/11 attacks].” The student observes, “500,000 died in World War II—” to which Rice replies, “Fighting a war in Europe.” The student continues, ”—and yet we did not torture the prisoners of war.” Rice says, “We didn’t torture anybody here either.” [Think Progress, 4/30/2009]

Entity Tags: US Department of Justice, Bush administration (43), Ali Frick, Al-Qaeda, Convention Against Torture, George W. Bush, Condoleezza Rice

Timeline Tags: Torture of US Captives

Former Nixon White House counsel John Dean says that former Secretary of State Condoleezza Rice may have unwittingly admitted to being part of a criminal conspiracy in regards to the Bush administration’s torture policies. Rice recently told students at Stanford University that she did not authorize any torture policies, she merely forwarded the authorization for them from higher up (see April 28, 2009). Dean tells MSNBC talk show host Keith Olbermann that she may have admitted to a criminal conspiracy. Dean calls Rice’s comments “surprising,” and says she has mired herself in the possibility of legal proceedings. “She tried to say she didn’t authorize anything, then proceeded to say she did pass orders along to the CIA to engage in torture if it was legal by the standard of the Department of Justice,” Dean says. “This really puts her right in the middle of a common plan, as it’s known in international law, or a conspiracy, as it’s known in American law, and this indeed is a crime. If it indeed happened the way we think it did happen.… These kinds of statements are going to come back and be interesting to any investigator.” Dean says that President Obama will stand in violation of the Geneva Conventions if he refuses to prosecute those found responsible for the torture policies. “He is indeed in violation if the United States does not undertake investigation of this, or ultimately prosecution, if that’s necessary,” Dean says. “It’s not only the Geneva Convention, the Convention Against Torture (see October 21, 1994) also requires this. There are no exceptions with torture. There are no real things like ‘torture light.’ The world community I think is going to hold the United States responsible, and if we don’t proceed, somebody is going to proceed.” [Raw Story, 5/1/2009; MSNBC, 5/1/2009]

Entity Tags: Geneva Conventions, Barack Obama, Bush administration (43), John Dean, Condoleezza Rice, Keith Olbermann, Convention Against Torture

Timeline Tags: Torture of US Captives

Federal prosecutors drop all charges against two former lobbyists accused of passing classified information to Israel (see August 4, 2005). The lobbyists, Steven Rosen and Keith Weissman, worked for the American Israel Public Affairs Committee (AIPAC) when they took classified information from former government official Larry Franklin and passed it to Israeli officials (see April 13, 1999-2004 and October 5, 2005). The case against Rosen and Weissman had the potential to criminalize the exchange of classified information among journalists, lobbyists, and ordinary citizens not bound by government restrictions. “Thank God we live in a country where you can defend yourself against an injustice like this,” says Rosen. He calls the case an example of government officials “who have an obsession with leaks (see May 21, 2006)… and an obsession with Israel and the theory that it spies on America.” The lawyers for the two former lobbyists believe that Obama administration officials had reservations about the case where their predecessors in the Bush administration did not, but former FBI counterintelligence official David Szady says that politics played no part in the decision to withdraw the charges. Prosecutors say that recent court rulings would make winning their case much more difficult than they had previously anticipated. Gary Wasserman, a Georgetown University professor who is writing a book about the case, says it is understandable that AIPAC welcomes the dismissal. A trial, he says, “would have provoked a lot of public discussion about how they worked.” [Washington Post, 5/2/2009]

Entity Tags: David Szady, American Israel Public Affairs Committee, Bush administration (43), Steven Rosen, Obama administration, Keith Weissman, Larry Franklin, Gary Wasserman

Timeline Tags: US confrontation with Iran

Bryce Lefever, a former military psychologist who worked with the US military’s SERE (Survival, Evasion, Resistance, and Escape) program, says the techniques reverse-engineered from the program and used to torture terrorism suspects in US custody are justified. Lefever has worked with two military psychologists, James Mitchell and Bruce Jessen, since 1990, developing techniques for SERE training. That training helps prepare US soldiers to resist torture if they are captured by enemy forces and interrogated. Mitchell and Jessen helped create the torture program of interrogation used by the US against suspected terrorists (see January 2002 and After, April 16, 2002, and Mid-April 2002). Lefever himself served as a military psychologist at Bagram Air Base in Afghanistan, where prisoners were routinely tortured and brutalized.
Patriots - Unlike many critics who have attacked the psychologists’ lack of ethics and concern, Lefever calls Mitchell and Jessen patriots. “I think the media ought to give us a big ol’ thank you for our efforts on behalf of America,” Lefever says. “There should be some recognition of the effort—the really extreme effort—that we’ve gone through to help.”
Ethically Compelled to Construct Torture Program - Lefever says the criticism of Mitchell and Jessen is unfounded and stems from a basic misunderstanding of the ethical mission of psychologists. “[T]he idea that they would be involved in producing some pain just seems at first blush to be something that would be wrong, because we ‘do no harm,’” he says, but “the ethical consideration is always to do the most good for the most people.” Because torturing a “few” prisoners might well produce intelligence that would help prevent another attack on the magnitude of 9/11, Lefever says, it was incumbent on Mitchell, Jessen, and himself to use their knowledge of SERE tactics to construct an interrogation program that might elicit such actionable intelligence. “America’s house was broken into on 9/11 and someone had to raise their hand to stop it,” he says. “And early on there was a sense of desperation in intelligence-gathering.” Lefever has no doubts that torture works to produce reliable intelligence. “You know, the tough nut to crack, if you keep him awake for a week, you torture him, you tie his arms behind him, you have him on the ground—anyone can be brought beyond their ability to resist.” Indeed, he says, it would have been unethical for him not to come forward: “America is my client; Americans are who I care about. I have no fondness for the enemy and I don’t feel like I need to take care of their mental health needs.” Mitchell, Jessen, and other military psychologists felt the same way, he says. “Anyone who wants to throw stones in this situation really needs to step back and figure out what they themselves would do in these situations and not just be ‘ivory tower’ critics,” he notes. “Most of the time they have no idea what they’re talking about.” [National Public Radio, 5/4/2009]
Accused of Abandoning Ethical Code - Psychologist Stephen Soldz, who writes for the organization Psychoanalysts for Peace and Justice, is highly critical of Lefever’s stance, accusing him of renouncing the psychologists’ code of ethics, and notes that Lefever implicitly acknowledges that SERE tactics were used on US detainees, an admission CIA and Pentagon officials have been loath to make. [Psychoanalysts for Peace and Justice, 5/4/2009]

Entity Tags: James Elmer Mitchell, Bruce Jessen, Bryce Lefever, Stephen Soldz

Timeline Tags: Torture of US Captives

Experts say that the so-called “ticking time bomb” scenario, which is often used to justify the use of torture, is fallacious. Many novels (see 1960), movies, and television shows, most recently Fox’s 24 (see Fall 2006), routinely portray a time-critical scene where the hero of the story must torture a prisoner to obtain information needed to avert an imminent attack, usually the “ticking time bomb” planted and ready to explode. Terrorism expert Bruce Hoffman says that such scenarios are dubious at best. “I’ve personally been told that they happen but I have to admit that in the years, in now the decade I have been told about it, I have become increasingly skeptical,” he says. “A ticking bomb becomes a default assumption which in turn becomes a legitimization or justification for torture. And in actual fact, even though people have told me about it, I have yet to see an actual documented case independently of what I was told.” Former CIA agent Michael Scheuer says that he knows of cases where torture elicited useful and critical information, but refuses to give specifics. CIA officials are unwilling or unable to provide details of the effectiveness of techniques such as waterboarding. Former military interrogator Matthew Alexander (see December 2-4, 2008) says of the CIA’s waterboarding of Khalid Shaikh Mohammed (see April 16, 2009 and April 18, 2009), “What I get most out of the waterboarding of Khalid Shaikh Mohammed is that any approach—I don’t care what it is—if you have to do it 183 times, it is not working,” he says. “When they did use the waterboard on Khalid Shaikh Mohammed, what they were getting each time was the absolute minimum he could get away with. And that’s what you get when you use torture—you get the absolute minimum amount of information.” [National Public Radio, 5/5/2009]

Entity Tags: Bruce Hoffman, Matthew Alexander, Michael Scheuer, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Ibn al-Shaykh al-Libi’s body, shortly after he died.Ibn al-Shaykh al-Libi’s body, shortly after he died. [Source: Public domain]Ibn al-Shaykh al-Libi, a former manager of a training camp for militants in Afghanistan, dies at Al Saleem jail in Libya. Al-Libi was captured and handed over to the US in 2001 (see December 19, 2001), and later provided information falsely linking Iraq and al-Qaeda while being tortured in Egyptian custody (see February 2002). The story of his death is broken by a Libyan newspaper named Oea, and picked up by media around the world. However, Newsweek will point out that Oea has “close ties to the [Libyan] government,” as it is owned by a son of Libyan dictator Colonel Mu’ammar al-Qadhafi. Workers with Human Rights Watch visited al-Libi at the prison on April 27, and spoke to him briefly, finding him reasonably well. Hafed al-Ghwell, a leading critic of the al-Qadhafi regime, will comment, “This idea of committing suicide in your prison cell is an old story in Libya.” Apparently, sometimes a prisoner is reported to have committed suicide, but when the family gets the body back, there is a bullet hole in its back or signs of torture. George Brent Mickum, a US lawyer representing al-Libi’s former partner in the training camp, US-held detainee Abu Zubaidah, says he had recently begun efforts through intermediaries to arrange to talk to al-Libi. “The timing of this is weird,” Mickum says. “My gut feeling is that something fishy happened here and somebody in Libya panicked,” adds al-Ghwell. [Newsweek, 5/12/2009] Tom Malinowski of Human Rights Watch says: “I would speculate that he was missing because he was such an embarrassment to the Bush administration. He was Exhibit A in the narrative that tortured confessions contributed to the massive intelligence failure that preceded the Iraq war.” After the Bush administration used al-Libi’s claims of links between al-Qaeda and the Iraqi government to justify the US invasion of Iraq in 2003, al-Libi withdrew the claims. [Washington Post, 5/12/2009] In October 2009, in a video posted on an Islamist website, al-Qaeda deputy leader Ayman al-Zawahiri will claim the US government “handed him over to the agents of al-Qadhafi to continue torturing him and kill him.” [Reuters, 10/4/2009]

Entity Tags: Tom Malinowski, Ibn al-Shaykh al-Libi, Human Rights Watch, Ayman al-Zawahiri, George Brent Mickum, Hafed al-Ghwell

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

In 2009, US intelligence locates Ibrahim Saeed Ahmed (a.k.a. Abu Ahmed al-Kuwaiti), a trusted courier working for Osama bin Laden, somewhere in northwest Pakistan. This is done by remote monitoring of his cell phone calls and e-mails, after his full real name was discovered in 2007 (see 2007). His brother Abrar, who is also involved with al-Qaeda, is discovered as well. However, their exact location in Pakistan is still unknown and will not be discovered until 2010 (see July 2010). [CNN, 5/2/2011; MSNBC, 5/4/2011]
Assistance from Pakistani Government - The Washington Post will later report that the Pakistani government has been secretly assisting US intelligence with data collection for a number of years. The US can collect wireless phone calls on its own in Pakistan, but the Pakistani government helps the US collect landline calls and e-mails as well. In 2009, the ISI, Pakistan’s intelligence agency, allegedly notices several suspicious calls spoken in Arabic to the Middle East. The phone number is discovered to belong to Ahmed. An unnamed US official will later say: “The Pakistanis indeed provided information that was useful to the US government as it collected intelligence on the bin Laden compound. That information helped fill in some gaps.” [Washington Post, 5/11/2011]
Ahmed's General Location Discovered; Exact Locale Is Still a Mystery - However, Ahmed normally drives an hour or two before inserting the battery in his cell phone, and he frequently changes the SIM cards in his phone. As a result, US intelligence concludes he is living somewhere in northwest Pakistan, but it cannot figure out exactly where. One of these calls comes from the general vicinity of Abbottabad, where Ahmed will eventually be found to be living with Osama bin Laden (see August 1, 2010). But since other calls come from other towns, intelligence analysts cannot limit their search to just Abbottabad. [Washington Post, 5/11/2011; ABC News, 5/19/2011]
Extensive Surveillance Effort Begins - A senior Obama administration official will later say the two brothers’ “extensive operational security” keeps investigators from determining exactly where they live. “The fact that they were being so careful reinforced our belief that we were on the right track.” This official will add, “We couldn’t trail [Ahmed], so we had to set up an elaborate surveillance effort.” [CNN, 5/2/2011]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, US intelligence, Ibrahim Saeed Ahmed, Abrar Ahmed, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

President Obama sends a memo to CIA Director Leon Panetta, which states, “in order to ensure that we have expended every effort, I direct you to provide me within 30 days a detailed operation plan for locating and bringing to justice Osama bin Laden.” [ABC News, 6/9/2011] After becoming president in January 2009, Obama put a new focus on the hunt for bin Laden (see Shortly After January 20, 2009).

Entity Tags: Barack Obama, Central Intelligence Agency, Leon Panetta

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Journalist Daphne Eviatar writes that during the eight years of the Bush presidency, prosecutions and enforcement of the 1994 Freedom of Access to Clinic Entrances Act (FACE—see May 1994) “cratered,” with Justice Department officials refusing to prosecute or sometimes even investigate complaints of vandalism, harassment, and assault. After the recent murder of abortion provider Dr. George Tiller (see May 31, 2009), Eviatar and the Washington Independent obtained government data showing that enforcement of the FACE law, and other federal laws designed to protect abortion providers and clinics, declined by 75 percent during the Bush presidency. Between 1994 and 1999, when President Clinton was in office, the Justice Department filed 17 complaints under the FACE Act. Between 2001 and 2009, when President Bush was in office, the Justice Department only filed a single case. Tiller’s own clinic was vandalized numerous times, but complaints against the actions were ignored by the department. Statistics provided by the National Abortion Federation (NAF) show that over 3,200 acts of violence against abortion providers in the US and Canada were committed between 2000 and 2008, and the organization says the number of actual incidents was probably “much higher.” The number does not include threats, vandalism, and harassment. NAF statistics show that at least 17 cases of “extreme” violence against abortion providers in the US were reported, including arson, stabbings, bombings, and fake anthrax mailings. But the Bush Justice Department only prosecuted 11 individuals for these attacks. The two highest-profile anti-abortion prosecutions were those of anthrax mailer Clayton Waagner (see 1997-December 2001) and bomber Eric Rudolph (see April 14, 2005). However, none of Waagner’s or Rudolph’s associates in the extremist organization Army of God (see 1982) were ever prosecuted as accessories to the two activists’ crimes. Neither was the Army of God ever investigated as a potential domestic terrorist organization (see Early 1980s). [Washington Independent, 6/12/2009]

Entity Tags: National Abortion Federation, Bush administration (43), Clayton Waagner, Clinton administration, Daphne Eviatar, Eric Robert Rudolph, US Department of Justice, George Tiller, Freedom of Access to Clinic Entrances Act

Timeline Tags: US Domestic Terrorism

The CIA releases heavily redacted documents containing statements by Guantanamo detainees concerning their allegations of torture and abuse at the hands of CIA personnel. The documents are released as part of a Freedom of Information Act (FOIA) lawsuit filed by the American Civil Liberties Union (ACLU). The lawsuit seeks uncensored transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantanamo qualify as “enemy combatants.” Previously released versions were redacted so heavily as to contain almost no information about abuse allegations; the current versions, while still heavily redacted, contain some new information. ACLU attorney Ben Wizner, the lead attorney on the FOIA lawsuit, says: “The documents released today provide further evidence of brutal torture and abuse in the CIA’s interrogation program and demonstrate beyond doubt that this information has been suppressed solely to avoid embarrassment and growing demands for accountability. There is no legitimate basis for the Obama administration’s continued refusal to disclose allegations of detainee abuse, and we will return to court to seek the full release of these documents.” The ACLU press release notes, “The newly unredacted information includes statements from the CSRTs of former CIA detainees,” and includes quotes from alleged 9/11 mastermind Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003); alleged high-level al-Qaeda operative Abu Zubaida (see Mid-May 2002 and After); and accused terrorists Abd al-Rahim al-Nashiri (see (November 2002)) and Majid Khan (see March 10-April 15, 2007). These statements include details about their treatment, which the ACLU refers to as “torture and coercion”:
Abu Zubaida - “After months of suffering and torture, physically and mentally, they did not care about my injuries that they inflicted to my eye, to my stomach, to my bladder, and my left thigh and my reproductive organs. They didn’t care that I almost died from these injuries. Doctors told me that I nearly died four times.… They say ‘this in your diary.’ They say ‘see you want to make operation against America.’ I say no, the idea is different. They say no, torturing, torturing. I say ‘okay, I do. I was decide to make operation.’”
Abd al-Rahim al-Nashiri - “[And, they used to] drown me in water.”
Khalid Shaikh Mohammed - “This is what I understand he [a CIA interrogator] told me: you are not American and you are not on American soil. So you cannot ask about the Constitution.”
Majid Khan - “In the end, any classified information you have is through… agencies who physically and mentally tortured me.” [American Civil Liberties Union, 6/15/2009]

Entity Tags: American Civil Liberties Union, Abd al-Rahim al-Nashiri, Abu Zubaida, Ben Wizner, Central Intelligence Agency, Khalid Shaikh Mohammed, Majid Khan, Obama administration, US Department of Defense

Timeline Tags: Torture of US Captives

CIA Director Leon Panetta is informed by the agency’s Counterterrorist Center that it has a program to assassinate or capture al-Qaeda leaders. The program was established shortly after 9/11, but has never become operational (see Shortly After September 17, 2001). Panetta immediately cancels the program. [New York Times, 7/14/2009] CIA spokesman George Little says the decision was “clear and straightforward,” as Panetta “knew it [the program] hadn’t been successful.” [Washington Post, 8/20/2009] There is no resistance inside the CIA to this decision, apparently because the program is not fully operational and has not yet been briefed to Congress. [New York Times, 7/12/2009]
CIA Was Reviewing Program - It is unclear why Panetta is informed of the program at this time. However, the Counterterrorist Center has recently conducted a review of it, so he may learn of its existence due to the review, which will be presented to the White House and the Congressional intelligence committees. [New York Times, 8/20/2009]
Why Was Panetta Not Told Before? - It is also unclear why Panetta, who was confirmed as CIA director four months ago, was not told of the program earlier. One explanation is that it is because the program was not operational. “It’s a capability that wasn’t being used, so it wasn’t a front-burner issue,” says one unnamed official. Another retired official familiar with the program’s details says, “It would have been a big deal if it was operational, but since it was not, it’s not a big deal.” However, several former CIA officers and intelligence experts find this explanation unconvincing. According to Time magazine, “For one thing, they say, the mere fact that the program apparently merited [former Vice President Dick] Cheney’s close attention should have been a red flag.” A former operations expert says, “Even if the program was dormant, the top officials would have known about Cheney’s instructions, and they should have told Panetta right away.” Another retired senior official puts it more bluntly, saying, “[Given Cheney’s interest,] I don’t know why the program was not on the new director’s desk within his first two weeks on the job.” He adds, “The speed of Panetta’s actions when he was informed tells me that the program was pretty important.” Paul Pillar, a former deputy director of the Counterterrorist Center, comments, “In retrospect, the [Cheney] angle ought to be sufficient grounds for someone to think, this does deserve the boss’s attention.” [New York Times, 7/14/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency, Counterterrorist Center, Paul R. Pillar

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

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

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

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

Entity Tags: Ahmed Muhammad al-Darbi

Timeline Tags: Torture of US Captives

The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’ [Source: BookSurge / aLibris (.com)]Former AT&T technician Mark Klein self-publishes his book, Wiring Up the Big Brother Machine… and Fighting It. In his acknowledgements, Klein writes that he chose to self-publish (through BookSurge, a pay-to-publish venue) because “[t]he big publishers never called me,” and the single small publishing house that offered to publish his book added “an unacceptable requirement to cut core material.” Klein based his book on his experiences as an AT&T engineer at the telecom giant’s San Francisco facility, where he primarily worked with AT&T’s Internet service. In 2002 and 2003, Klein witnessed the construction of of a “secret room,” a facility within the facility that was used by the National Security Agency (NSA) to gather billions of email, telephone, VoIP (voice over Internet Protocol), and text messages, most of which were sent by ordinary Americans. The NSA did its electronic surveillance, Klein writes, secretly and without court warrants. Klein describes himself as “wiring up the Big Brother machine,” and was so concerned about the potential illegality and constitutional violations of the NSA’s actions (with AT&T’s active complicity) that he retained a number of non-classified documents proving the extent of the communications “vacuuming” being done. Klein later used those documents to warn a number of reporters, Congressional members, and judges of what he considered a horrific breach of Americans’ right to privacy. [Klein, 2009, pp. 9-11, 21-24, 33, 35, 38, 40] In 2007, Klein described his job with the firm as “basically to keep the systems going. I worked at AT&T for 22 and a half years. My job was basically to keep the systems going. They were computer systems, network communication systems, Internet equipment, Voice over Internet [Protocol (VoIP)] equipment. I tested circuits long distance across the country. That was my job: to keep the network up.” He explained why he chose to become a “whistleblower:” “Because I remember the last time this happened.… I did my share of anti-war marches when that was an active thing back in the ‘60s, and I remember the violations and traffic transgressions that the government pulled back then for a war that turned out to be wrong, and a lot of innocent people got killed over it. And I’m seeing all this happening again, only worse. When the [NSA] got caught in the ‘70s doing domestic spying, it was a big scandal, and that’s why Congress passed the FISA [Foreign Intelligence Surveillance Act] law, as you know, to supposedly take care of that (see 1978). So I remember all that. And the only way any law is worth anything is if there’s a memory so that people can say: ‘Wait a minute. This happened before.’ And you’ve got to step forward and say: ‘I remember this. This is the same bad thing happening again, and there should be a halt to it.’ And I’m a little bit of that institutional memory in the country; that’s all.” [PBS Frontline, 5/15/2007]

Entity Tags: National Security Agency, AT&T, BookSurge, Mark Klein

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Osama bin Laden meets a prominent Pakistani militant leader in Pakistan’s tribal region, according to a Pakistani Interior Ministry report. An account of the report will be published in the Daily Times, a Pakistani newspaper, in 2010. Supposedly, bin Laden meets with Qari Saifullah Akhtar, the leader of Harkat-ul-Jihad al-Islami. The two allegedly meet to discuss militant operations against Pakistan. This is the only known recorded instance prior to bin Laden’s death in 2011 (see May 2, 2011) that the Pakistani government has evidence bin Laden is hiding somewhere inside Pakistan. [New York Times, 6/23/2011] Akhtar has been an Islamist militant leader since the 1980s, and he had personal ties with bin Laden and Taliban head Mullah Omar that predate the 9/11 attacks. In 2008, media reports named him as a suspect in the Marriott Hotel bombing in Islamabad, Pakistan, that killed over 50. [Asia Times, 9/30/2004; Daily Telegraph, 9/22/2008] In hindsight, it will appear bin Laden lives in Abbottabad, Pakistan, at this time, outside the tribal region (see May 2, 2011). It will be unknown if he occasionally leaves his hideout to make journeys for meetings such as this.

Entity Tags: Osama bin Laden, Harkat ul-Jihad al-Islami, Qari Saifullah Akhtar

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives

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

Entity Tags: House Intelligence Committee, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

A US drone strike kills Tahir Yuldashev, the top leader of the Islamic Movement of Uzbekistan (IMU), an al-Qaeda-linked militant group based in nearby Uzbekistan. The strike apparently hits the town of Kanigoram, South Waziristan, in Pakistan’s tribal region. Yuldashev may initially survive the strike but slowly dies of his injuries afterwards. Pakistani officials confirm his death several weeks later. The IMU confirms his death nearly a year later, and names his successor, Usmon Odil. [News (Islamabad), 9/30/2009; BBC, 10/9/2009; Daily Times (Lahore), 8/19/2010] In the late 1990s, most IMU operatives fled Uzbekistan when the government cracked down on the group. Under Yuldashev’s leadership, they resettled in Afghanistan and developed close ties to both the Taliban and al-Qaeda. Yuldashev appears to have had foreknowledge of the 9/11 attacks (see Late July 2001). After the US conquest of Afghanistan in late 2001, Yuldashev and most of the IMU appear to have resettled in Pakistan’s tribal region, and they became a powerful force there. For instance, a Pakistani army offensive in 2004 targeted Yuldashev (see March 18- April 24, 2004). [BBC, 10/2/2009; BBC, 10/9/2009]

Entity Tags: Usmon Odil, Taliban, Al-Qaeda, Tahir Yuldashev, Islamic Movement of Uzbekistan

Timeline Tags: Complete 911 Timeline

Now that Pervez Musharraf has resigned as president of Pakistan (see August 18, 2008), he admits that Pakistan spent US aid money meant to fight Islamist militants on weapons to combat a perceived threat from neighboring India. He says in an interview: “Wherever there is a threat to Pakistan, we will use it [equipment provided by the US] there. If the threat comes from al-Qaeda or Taliban, it will be used there. If the threat comes from India, we will most surely use it there.… What we did, we did right. We have to ensure Pakistan’s security. From whichever side the threat comes, we will use the entire force there.… Whoever wishes to be angry, let them be angry, why should we bother? We have to maintain our security, and the Americans should know, and the whole world should know that we won’t compromise our security, and will use the equipment everywhere.” This is the first time any major Pakistani politician has made such an admission. [BBC, 9/14/2009]

Entity Tags: Pervez Musharraf

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A lawyer acting for Ali Abdul Aziz Ali, one of a five high-profile defendants to be tried in New York for 9/11, says that his client and the others intend to plead not guilty. The lawyer, Scott Fenstermaker, says they will do so not in the hope of an acquittal, but to air their criticism of US foreign policy. While incarcerated at Guantanamo, the five had intended to plead guilty before a military commission (see December 8, 2008). According to Fenstermaker, the men will admit carrying out 9/11, but intend to formally plead not guilty so they can “explain what happened and why they did it.” They will give “their assessment of American foreign policy,” which is “negative.” Fenstermaker recently met with his client, but has not met with the other four defendants, although he says the five have discussed the issue among themselves. In response, Justice Department spokesman Dean Boyd says that while the men may attempt to use the trial to express their views, “we have full confidence in the ability of the courts and in particular the federal judge who may preside over the trial to ensure that the proceeding is conducted appropriately and with minimal disruption, as federal courts have done in the past.” [Associated Press, 11/22/2009]

Entity Tags: Ramzi bin al-Shibh, Ali Abdul Aziz Ali, Dean Boyd, Mustafa Ahmed al-Hawsawi, Scott Fenstermaker, US Department of Justice, Khalid Shaikh Mohammed, Khallad bin Attash

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former Bush administration press secretary Dana Perino tells a Fox News audience that no terrorist attacks took place on American soil during President Bush’s two terms. Perino is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly attacks in US history. On Sean Hannity’s Fox show, Hannity asks Perino if President Obama “really understand[s]” that the US has a national security concern about terrorism. Perino begins by denying that her remarks are political, then says that the US recently suffered “a terrorist attack on our country,” obviously referring to the 9/11 attacks. The Obama administration is loath to call the US’s involvement a “war on terror,” Perino says, when it should be labeled as such “because we need to face up to it so we can prevent it from happening again.” She says she does not know what thinking is going on in the Obama administration, “but we did not have an attack on our country during President Bush’s term. I hope they’re not looking at this politically. I do think we owe it to the American people to call it what it is.” Neither Hannity nor his other guest, Fox Business personality Stuart Varney, correct Perino’s statement; instead Varney begins questioning Obama’s commitment to fighting terrorism. [Media Matters, 11/24/2009] Perino had not yet joined the Bush administration in 2001, but was working as a public relations representative for a high-tech firm in San Diego. [Austin Chronicle, 9/21/2007]

Entity Tags: Fox News, Barack Obama, Bush administration (43), Dana Perino, Sean Hannity, Stuart Varney, George W. Bush

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Osama bin Laden’s daughter Iman escapes from house arrest in Iran. Iman had been held there since mid-2001 along with other family members (see Shortly Before September 11, 2001) and some al-Qaeda operatives (Spring 2002). After escaping during a rare shopping trip, the 17-year-old Iman reaches the Saudi Arabian embassy, where she remains for at least a month while authorities negotiate her departure from Iran. The escape comes just a week after detained family members managed to communicate with her brother Omar Ossama bin Laden, a resident of Qatar who had previously thought these relatives of his dead. Their detention will remain secret for another month, until Omar Ossama publicizes it in the international media. He will appeal for his relatives to be released, so they can join him in Qatar, or other relatives in Syria. [Times (London), 12/23/2009]

Entity Tags: Hamza bin Laden, Fatma bin Laden, Ossman bin Laden, Bakr bin Laden, Iman bin Laden, Mohammed bin Laden, Omar Ossama bin Laden

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Osama bin Laden, Abdullo Sadulloevich Nazarov

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A detainee claims that he received information concerning the location of Osama bin Laden in January or February. The detainee says he met bin Laden several times before 9/11, and, according to Pakistani security officials, has close ties with Pakistan and Afghan Taliban leaders.
Detainee's Story - Earlier in the year, the detainee met a trusted contact who said he had seen bin Laden in the eastern Afghani town of Ghazni 15 to 20 days earlier. “He [the contact] said he had come from meeting Sheikh Osama, and he could arrange for me to meet him,” says the detainee. “He helps al-Qaeda people coming from other countries to get to the sheikh, so he can advise them on whatever they are planning for Europe or other places. The sheikh doesn’t stay in any one place. That guy came from Ghazni, so I think that’s where the sheikh was.” The detainee is interviewed twice by the BBC in the presence of Pakistani officials, although Western interrogators are not allowed to talk to him. He is not named publicly for legal reasons, and says he declined the invitation to travel to meet bin Laden because he was afraid of compromising bin Laden’s security, if he was captured by the police or the army, stating, “If I had met him, the first question they would have asked would be where have you met him, and I would have had more problems and it would have created problems for them [al-Qaeda].” The BBC will point out that the detainee’s claims cannot be verified.
Comment by Counterterrorism Expert - However, US counterterrorism expert Bruce Riedel, a former CIA analyst, says the detainee’s story is “a very important lead, that ought to be tracked down,” adding, “The entire Western intelligence community, CIA, and MI6, have been looking for [bin Laden] for the last seven years, and haven’t come upon a source of information like this.”
Bin Laden 'Fresh' - The detainee also claims that bin Laden is well, active, and even training instructors. “What my associate told me was that he is fresh, and doing well,” he says. “The information I have is that he provides training to special people. There are training centres in homes, and all the teachers are first trained by the Sheikh. Then they go and teach the classes.”
Militants Allegedly Avoiding Pakistan - The detainee also says militants are avoiding Pakistani territory because of the risk of US drone attacks. “Pakistan at this time is not convenient for us to stay in because a lot of our senior people are being martyred in drone attacks,” he says.
Skepticism - The BBC will point out that “his account suits Pakistan, which maintains that bin Laden is not on its soil (see December 3, 2009), though Britain and the US think otherwise.” It adds, “The detainee’s account raises a lot of questions—among them, what were his motives for talking.” [BBC, 12/4/2009]

Entity Tags: Al-Qaeda, Osama bin Laden, Bruce Riedel

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

President Obama asks the Pakistani government for permission to launch raids on the ground against strongholds of militant leader Sirajuddin Haqqani, but the request is refused. Haqqani has become the de facto leader of the Haqqani network, a semi-autonomous branch of the Taliban. Although it is based in Pakistan’s tribal region, it launches attacks on US troops in Afghanistan. The US has put a $5 million bounty on Haqqani’s head, and attempts to kill him with drone strikes have been unsuccessful (see for instance September 8, 2008). Obama makes the request in a letter to Pakistani President Asif Ali Zardari, which is hand delivered by National Security Adviser General Jim Jones. General David Petraeus, head of US forces in the region, follows up with a meeting with General Ashfaq Kayani, head of Pakistan’s military. However, Pakistan says no. A senior Pakistani official says that a fight with the Haqqani network would create too many problems for Pakistan’s over-stretched army. “We have drawn a red line and would not accept any cross-border strikes by US forces,” he says. However, US intelligence believes that the ISI, Pakistan’s intelligence agency, is actually allied with the Haqqani network and has been for over 20 years. [Daily Beast, 1/6/2010] US intelligence believes that in 2008, the Haqqani network and the ISI worked together to bomb the Indian embassy in Kabul, Afghanistan (see July 7, 2008 and August 1, 2008). Later in the month, a suicide bomber will kill nine people at a CIA base in Afghanistan, and US intelligence will suspect that the Haqqani network was involved in the attack (see December 30, 2009) and the ISI may have played a role as well (see January 6, 2010).

Entity Tags: David Petraeus, Asif Ali Zardari, Ashfaq Parvez Kayani, Barack Obama, Haqqani Network, James Warren (“Jim”) Jones, Sirajuddin Haqqani, Taliban, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A man on board Northwest Airlines Flight 253 from Amsterdam to Detroit is subdued by passengers after attempting to detonate a makeshift bomb hidden in his undergarments. Umar Farouk Abdulmutallab, a 23-year-old man from Nigeria, tries to ignite a mixture of plastic and liquid explosives sewn into his underwear as the Airbus 330 makes its final descent into Detroit. Abdulmutallab is set afire and suffers serious burns along with two other passengers, is detained by passengers and crew, and is arrested after landing. The suspect previously flew on a KLM flight from Lagos to Amsterdam. MI5 and US intelligence officials begin an investigation into his social ties and background. Abdulmutallab is the son of a wealthy Nigerian banker and studied engineering at University College London for three years until June 2008. His father claims to have informed Nigerian and American officials of his son’s increasingly unusual behavior and activities. US officials allegedly placed the 23-year-old on a list of suspected extremists, yet he possesses a US visa valid from June 2008 to June 2010, and appears on no lists prohibiting air travel to the US. Following the event, the US government will request that all passengers traveling from Britain to the US be subjected to additional personal and baggage searches. Security measures at US airports will also be heightened. [The Telegraph, 12/26/2009; New York Times, 12/26/2009]

Entity Tags: Umar Farouk Abdulmutallab, US Department of Homeland Security, UK Security Service (MI5)

Timeline Tags: Complete 911 Timeline

Mary Matalin, the former press adviser for then-Vice President Dick Cheney, makes two false statements on CNN: the Bush administration inherited both a failing economy and the 9/11 attacks from the Clinton administration. The US entered a period of steep recession three months after Bush’s first term began, and the 9/11 attacks occurred eight months after Bush took office. On CNN’s State of the Union, Matalin says, “I was there, we inherited a recession from President Clinton, and we inherited the most tragic attack on our own soil in our nation’s history.” A month ago, former Bush administration press secretary Dana Perino made a similar claim about the timing of the 9/11 attacks on Fox News (see November 24, 2009). Lee Fang of the progressive news Web site Think Progress writes of the two statements, “Former Bush administration officials seem intent on misrepresenting history to pretend that the country never suffered its worst terror attack in history under Bush’s watch.” [Media Matters, 12/27/2009; Think Progress, 12/27/2009]

Entity Tags: Clinton administration, Bush administration (43), CNN, Mary Matalin, Richard (“Dick”) Cheney, Lee Fang

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

A suicide bomber wearing an explosive vest kills five CIA officers, two private US military contractors, a Jordanian, and an Afghan at a remote base in Afghanistan. Six others are wounded. The chief of the base is one of those killed. The attack at the CIA base known as Forward Operating Base Chapman is in Khost Province, only 10 miles from the Pakistan border. It is one of two bases in Afghanistan directly run by the CIA; both are used in the effort to hit al-Qaeda targets with Predator drones in Pakistan.
Triple Agent Suicide Bomber - The suicide bomber, Humam Khalil al-Balawi, is a Jordanian doctor. He also turns out to be a triple agent. Originally a supporter of al-Qaeda and other Islamist militant groups, he was recruited to be an informant for Jordanian intelligence. (The Jordanian killed in the suicide attack, Sharif Ali bin Zeid, was his handler.) Then the Jordanians passed him on to the CIA and he was an informant for them too. For months, he fed both intelligence agencies information that was used by US forces in Predator drone strikes. However, none of the targets were important, and this apparently was just a ploy to gain the CIA’s trust. He also was able to provide details on al-Qaeda sites in Pakistan in a way that proved he had been there. He even turned over photographs that gave “irrefutable proof” he had been in the presence of al-Qaeda’s top leadership.
Promising Meeting - Having gained the CIA’s trust, al-Balawi was able to enter the base through three checkpoints without being closely checked, although even visiting dignitaries must be checked. He promised important information about the whereabouts of al-Qaeda deputy leader Ayman al-Zawahiri. This was considered the best lead on al-Zawahiri in years, and the White House had been told to expect important information from al-Balawi’s debriefing. Typically, only one or two intelligence officials are present in informant debriefings, but his information is considered so important that eight people are near him when his bomb goes off. [London Times, 1/6/2010; Washington Post, 1/10/2010]
Base Commander Is 'World Class' Al-Qaeda Expert - Previously, al-Balawi had only met with Jordanian intelligence, but he was considered such a promising source that the CIA wanted to talk to him in person. The locale was chosen in part because the base commander, Jennifer Lynne Matthews, was considered a “world-class expert on al-Qaeda and counterterrorism operations,” who spent nearly 20 years in the CIA. She had been part of Alec Station, the CIA’s bin Laden unit, back in the 1990s. After 9/11, she was “integrally involved in all of the CIA’s rendition operations,” according to an intelligence source. For instance, she managed the operation that located and captured Abu Zubaida in 2002. From 2005 to 2009, she was the chief of the counterterrorism branch in London, and had a key role in breaking up a 2006 al-Qaeda plot to blow up airplanes. Then she volunteered to work in Afghanistan. [Washington Post, 1/10/2010; Washingtonian, 1/2011]
Seven Americans Killed - The CIA officers killed are Matthews, Darren LaBonte, Elizabeth Hanson, Harold Brown Jr., and Scott Michael Roberson. Blackwater private military contractors Jeremy Wise and Dane Clark Paresi are also killed in the attack. [Washington Post, 6/8/2010]
Lax Security Leads to Deaths - Al-Balawi is still outside when he is greeted by several CIA officials. Just as he is about to be carefully searched, he sets his bomb off. The blast is so powerful that it kills people standing some distance away. The CIA will later conduct an internal investigation and conclude that there were crucial security mistakes in letting him get so far into the base without being searched. [Washington Post, 1/10/2010; Washingtonian, 1/2011]
Militant Groups Claim Credit - Several days after the bombing, a video will emerge of al-Balawi sitting next to militant leader Hakimullah Mahsud. In it al-Balawi says that he will martyr himself in revenge for the 2009 killing of militant leader Baitullah Mashud. Baitullah led the Tehrik-i-Taliban (the Pakistani Taliban), and was replaced by Hakimullah after his death. The video makes obvious that the Tehrik-i-Taliban had a major role in the attack, but other Islamist militant groups take credit as well. Al-Qaeda leader Mustafa Abu al-Yazid also will take credit for the attack on behalf of al-Qaeda. He will say it is in revenge for Baitullah’s death, plus the death of two other militant leaders killed in Predator drone attacks. Since, as previously mentioned, al-Balawi apparently had photos and other evidence showing his al-Qaeda connections, it seems al-Qaeda has a role as well. Additionally, the CIA base is just across the border from North Waziristan, the center of power for the Haqqani network, which is a semi-autonomous part of the Taliban. US officials believe that nothing happens in the region without the knowledge of the Haqqanis, and that network is probably involved as well. In the days after the suicide attack, the US will respond with an unusual number of drone attacks, most of them targeting Haqqani sites. US analysts fear the attack shows that the Tehrik-i-Taliban, Haqqani network, and al-Qaeda are effectively working together. [ABC News, 1/7/2010; New York Times, 1/9/2010] A later report will suggest that the ISI, Pakistan’s intelligence agency, could have supplied the explosives used in the bombing (see January 6, 2010).

Entity Tags: Jennifer Lynne Matthews, Jeremy Wise, Taliban, Sharif Ali bin Zeid, Scott Michael Roberson, Tehrik-i-Taliban, Harold Brown Jr., Haqqani Network, Humam Khalil al-Balawi, Elizabeth Hanson, Al-Qaeda, Baitullah Mahsud, Ayman al-Zawahiri, Dane Clark Paresi, Central Intelligence Agency, Hakimullah Mahsud, Darren LaBonte

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Las Vegas Review-Journal publisher Sherman Frederick falsely claims that “the two cases of domestic terrorism since 9/11” have taken place “on Obama’s watch.” In recent months, two former Bush administration officials have denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009). The progressive media watchdog Web site Media Matters will write, “Frederick joins [the] list of conservatives denying existence of terrorist attacks under Bush.” Frederick writes: “If this is what it takes to wake up Obama to the evils of this world, then he learned an easy lesson. But tell that to the personnel who lost their lives to terrorism at Fort Hood [referring to the November 9, 2009 mass shooting at Fort Hood, Texas, perpetrated by a Muslim US Army psychiatrist with suspected ties to extremist groups]. Then, as now, the Obama administration fails to swiftly acknowledge the threat. They demur in describing our enemy as radical Muslims. They plan to close the offshore prison for terrorists at Guantanamo Bay and transfer the prisoners to the United States. They give the enemy combatants who killed more than 3,000 people on 9/11 the privilege of a civilian federal trial in New York City when a military tribunal is more appropriate. And for three days our president failed to address his people directly on Abdulmutallab’s failed effort to blow up a commercial flight over Detroit on Christmas Day [referring to Umar Farouk Abdulmutallab, who attempted to detonate an explosive device carried in his underwear on a Northwest Airlines flight—see December 25, 2009]. All of this on top of President Obama’s noticeable refusal to characterize our struggle as a ‘war’ on ‘terror.’ In the wake of fierce criticism, Obama now talks tough about keeping America safe. But in the two cases of domestic terrorism since 9/11—both on Obama’s watch—red flags flew aplenty.” Frederick either forgets or ignores a string of domestic terrorist attacks on US targets during the Bush presidency, including the 2001 anthrax attacks (see September 17-18, 2001, October 5-November 21, 2001, October 6-9, 2001, and October 15, 2001); the attempt to blow up a transatlantic plane by “shoe bomber” Richard Reid, who has ties to al-Qaeda (see December 22, 2001); the 2002 attack on the El Al ticket counter at Los Angeles International Airport, designated by the Justice Department as an official “act of international terrorism”; the 2002 sniper shootings in the Washington, DC, area, carried out by John Allen Muhammed, who was convicted of terrorism charges; and the 2006 attack on the University of North Carolina campus, where a Muslim student struck nine pedestrians in his SUV because, he said, he wanted to “avenge the deaths or murders of Muslims around the world.” [Media Matters, 1/6/2010]

Entity Tags: John Allen Muhammed, Barack Obama, Bush administration (43), Las Vegas Review-Journal, Media Matters, Umar Farouk Abdulmutallab, Richard C. Reid, Sherman Frederick

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

It is reported that a preliminary investigation into the suicide bombing that killed nine at a CIA base in Afghanistan (see December 30, 2009) suggests that the ISI, Pakistan’s intelligence agency, may have played a role. The Jordanian triple agent who blew himself up in the bombing used an unusually compact and powerful type of bomb. According to senior Afghan sources, a preliminary US investigation shows that a chemical fingerprint of the bomb matches a type of explosive used by the ISI. One senior government source says, “It is not possible that the [bomber] received that type of explosive without the help of ISI.” US and Pakistani officials have refused to publicly comment on any suggestions of ISI involvement. [Daily Beast, 1/6/2010]

Entity Tags: National Directorate of Security (Afghanistan), US intelligence, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

Former New York City Mayor Rudolph Giuliani, a 2008 contender for the Republican presidential nomination, tells an ABC audience that the US experienced “no domestic attacks” during the Bush administration. Giuliani is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly terrorist attacks in US history, a curious omission considering Giuliani was mayor when two hijacked jetliners struck New York City’s World Trade Center buildings on September 11, 2001, eight months into the Bush administration. In recent months, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has a Nevada newspaper publisher just days ago (see January 3, 2010). Good Morning America host George Stephanopoulos begins by asking Giuliani about his opposition to trying suspected terrorists in civilian courts instead of in military tribunals (see November 13, 2001 and January 29, 2009). Giuliani asks “why stop” torturing suspects instead of putting them on trial, saying that the US may continue to get “good information” from them, presumably about plans for future terrorist attacks. Giuliani says that while Bush “didn’t do everything right” in the “war on terror,” what Obama “should be doing is following the right things [Bush] did. One of the right things he did was treat this as a war on terror, we had no domestic attacks under Bush, we had one under Obama.” Stephanopoulos notes that Obama has “stepped up” actions against terrorists, but does not correct Giuliani’s claim that the US “had no domestic attacks under Bush.” [Media Matters, 1/8/2010]

Entity Tags: Barack Obama, ABC News, George Stephanopoulos, Bush administration (43), Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

The House Judiciary Committee accidently reveals the surname of the covert CIA officer who caused the death of Afghan detainee Gul Rahman in November 2002. The officer, whose last name is now known to be Zirbel, had Rahman doused with water then left him with few clothes in the cold. Rahman was later found dead (see November 20, 2002). The surname is uncovered in a footnote to a document drafted by lawyers acting for Jay Bybee, who is accused of improper conduct over his drafting of memos that effectively authorised the CIA to torture prisoners, which the committee posts at its website. Although sections of the document are redacted, it appears censors failed to remove Zirbel’s name in this one instance. After the document is highlighted in the press in late March, the name will be redacted in the version of it posted at the committee’s website, but will survive elsewhere on the Internet. [Mahoney and Johnson, 10/9/2009 pdf file; Harper's, 3/28/2010; New Yorker, 3/31/2010]

Entity Tags: House Judiciary Committee, Matthew Zirbel

Timeline Tags: Torture of US Captives

Sirajuddin Haqqani.Sirajuddin Haqqani. [Source: State Department]The US fires a missile from a Predator drone aimed at Taliban leader Sirajuddin Haqqani, but fails to kill him. Haqqani is believed to hold major responsibilities for the Haqqani network, a semi-autonomous part of the Taliban. His father Jalaluddin Haqqani still technically leads the network, but is over 60 years old and ill. The US blames the Haqqani network for a role in a suicide bombing against a CIA base in Afghanistan in December 2009 (see December 30, 2009), as well as other attacks. Sirajuddin’s younger brother is killed, but this brother is believed to have little to no role in the network. Three others are also killed by the strike, which hits a village in North Waziristan. The Haqqani network is believed to have many fighters in Afghanistan combating US-led forces. It is also said to be closely linked to the ISI, Pakistan’s intelligence agency. [New York Times, 2/19/2010]

Entity Tags: Taliban, Sirajuddin Haqqani, Jalaluddin Haqqani, US Military, Haqqani Network

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Dulmatin, one of the most wanted Islamist militants in Indonesia, is killed by police in Jakarta, Indonesia. He was considered one of the leaders of the 2002 Bali bombings, and other bombings in Southeast Asia. In 2005, the US put out a $10 million bounty on him (see October 6, 2005 and After). An explosives expert, he was a long-time leader of Jemaah Islamiyah, an al-Qaeda linked militant group. In recent months, he had tried to set up a new militant camp in the Indonesian province of Aceh. But police arrested most of the participants and then traced Dulmatin to Jakarta, where he is killed in an Internet cafe. [London Times, 3/9/2010]

Entity Tags: Al-Qaeda, Dulmatin, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

The Associated Press publishes an article by Adam Goldman and Kathy Gannon revealing the name of the Afghan detainee who died at the CIA-controlled Salt Pit prison near Kabul in November 2002 (see November 20, 2002). The prisoner is named as Gul Rahman, and further details about his capture and death are also revealed for the first time. [Associated Press, 3/28/2010]

Entity Tags: Adam Goldman, Kathy Gannon, Gul Rahman

Timeline Tags: Torture of US Captives

New Yorker reporter Jane Mayer writes that CIA officer Matthew Zirbel, who caused Afghan detainee Gul Rahman to freeze to death in November 2002 (see November 20, 2002), is still employed by the agency. [New Yorker, 3/31/2010; Associated Press, 2/9/2011] The comment is made in a post about Rahman’s death and the aftermath. [New Yorker, 3/31/2010]

Entity Tags: Central Intelligence Agency, Jane Mayer, Matthew Zirbel

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Senator Dianne Feinstein (D-CA) urges the US State Department to blacklist the Tehrik-i-Taliban (also known as the Pakistani Taliban) and the Haqqani network, but this does not happen. Both the Tehrik-i-Taliban and the Haqqani network are militant groups closely linked with the Taliban, but are mainly based in Pakistan. Feinstein, the chairperson of the Senate Intelligence Committee, claims that the US blacklists foreign groups that engage in terrorism and threaten US citizens and US national security, and both groups “clearly meet” the criteria to be blacklisted. Agence France-Presse reports that the US “has hesitated” to blacklist these groups “in part out of consideration for relations with Pakistan, where anti-Americanism runs rife and whose government is keen to be seen as fighting the Taliban on its own terms.” The Haqqani network is believed to have taken part in a number of terrorist attacks (see January 14, 2008, April 27, 2008, July 7, 2008, December 30, 2009), and in 2009, the US put a $5 million bounty on leader Sirajuddin Haqqani (see March 25, 2009). The Haqqani network is also believed to be a strategic asset of the Pakistani government (see May 2008). Tehrik-i-Taliban was recently implicated in a failed bombing in Times Square in New York City. [Agence France-Presse, 5/13/2010]

Entity Tags: Dianne Feinstein, US Department of State, Tehrik-i-Taliban, Haqqani Network

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A Washington Post article suggests that Hamid Gul, head of the ISI from 1987 to 1989, has been frequently linked to recent Islamist militant activity. The ISI is Pakistan’s intelligence agency, and in the 1980s Gul worked closely with the US to support the mujahedeen in Afghanistan and defeat the Soviets there (see April 1987). The Post article states that “more than two decades later, it appears that General Gul is still at work. [Newly leaked] documents indicate that he has worked tirelessly to reactivate his old networks, employing familiar allies like Jalaluddin Haqqani and Gulbuddin Hekmatyar, whose networks of thousands of fighters are responsible for waves of violence in Afghanistan.” The Post is referring to thousands of classified US government documents made public by WikiLeaks, a non-profit whistleblower group. The documents often appear to be raw intelligence that sometimes turns out to be inaccurate. But nonetheless, the Post notes that “General Gul is mentioned so many times in the reports, if they are to be believed, that it seems unlikely that Pakistan’s current military and intelligence officials could not know of at least some of his wide-ranging activities.”
Link to Recent Taliban and Al-Qaeda Activity - For example, according to one intelligence report, Gul met with a group of militants in South Waziristan (in Pakistan’s tribal region), on January 5, 2009. He allegedly met with Taliban and al-Qaeda figures, and planned an attack to avenge the death of al-Qaeda leader Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam), who had been killed several days earlier by a US drone strike (see January 1, 2009). The group discussed driving a truck rigged with explosives into Afghanistan to be used against US forces there. According to another report, in January 2008, Gul directed the Taliban to kidnap high-level United Nations personnel in Afghanistan to trade for captured Pakistani soldiers. [Washington Post, 7/26/2010]
Gul Frequently Mentioned in Intelligence Reports - Gul lives openly in an exclusive district of Islamabad, Pakistan’s capital, and he frequently shares his pro-Taliban views with reporters. But a Der Spiegel article published on this day notes that the nearly 92,000 documents recently published by WikiLeaks “suggest that Gul is more than just a garrulous old man. If the accusations are true, Gul isn’t just an ally of the Taliban in spirit, but is also supplying them with weapons and thereby actively taking part in the fight against Western forces. Gul is effectively being accused of being an important helper of the Taliban, and possibly even one of their leaders.” In fact, “The name Hamid Gul appears more often than virtually any other” in the documents. [Der Spiegel (Hamburg), 7/26/2010]
Gul Still Linked to Pakistani Government? - Gul denies all the allegations. Pakistani officials also deny that Gul still works with the ISI in any way. But the Post reports: “Despite his denials, General Gul keeps close ties to his former employers. When a reporter visited General Gul this spring for an interview at his home, the former spy master canceled the appointment. According to his son, he had to attend meetings at army headquarters.” [Washington Post, 7/26/2010] In late 2008, the US government attempted to put Gul on a United Nations list of terrorist supporters, but apparently that move has been blocked by other countries (see December 7, 2008).

Entity Tags: Usama al-Kini, Hamid Gul, Jalaluddin Haqqani, Gulbuddin Hekmatyar, Al-Qaeda, Pakistani Army, WikiLeaks, Taliban, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

Speaking publicly in India, British Prime Minister David Cameron claims that the Pakistani government is exporting terrorism. He says, “We cannot tolerate in any sense the idea that [Pakistan] is allowed to look both ways and is able to promote the export of terror, whether to India or Afghanistan or anywhere else in the world. That is why this relationship is important. But it should be a relationship based on a very clear message: that it is not right to have any relationship with groups that are promoting terror. Democratic states that want to be part of the developed world cannot do that. The message to Pakistan from the US and from [Britain] is very clear on that point.” He also says that “[G]roups like the Taliban, the Haqqani network, or Lakshar-e-Taiba should not be allowed to launch attacks on Indian and British citizens in India or in Britain.” All three militant groups mentioned have been accused of terrorist bombings and there are claims the ISI, Pakistan’s intelligence agency, has been backing them.
Cameron Does Not Back Down - Later in the day, Cameron is asked in an interview if Pakistan exports terrorism. He replies, “I choose my words very carefully. It is unacceptable for anything to happen within Pakistan that is about supporting terrorism elsewhere. It is well-documented that that has been the case in the past, and we have to make sure that the Pakistan authorities are not looking two ways.”
Diplomatic Row Ensues - Pakistani officials immediately take offense and reject the validity of Cameron’s statement. The Guardian reports that Cameron’s unusually blunt comments spark a “furious diplomatic row” between Britain and Pakistan. Cameron’s comments appear to be based on a briefing he was given by US officials one week earlier (see July 21, 2010). [Guardian, 7/28/2010]

Entity Tags: Lashkar-e-Toiba, Pakistan, Pakistan Directorate for Inter-Services Intelligence, Taliban, David Cameron, Haqqani Network

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

Entity Tags: Alan Grayson, George W. Bush

Timeline Tags: Complete 911 Timeline

CIA Director Leon Panetta informs President Obama that Osama bin Laden may be living in a certain compound in Pakistan that is being monitored. (Some accounts say Obama is informed in August, but most say September, and one account specifies September 1.) [Associated Press, 5/2/2011; CNN, 5/2/2011; New York Times, 5/3/2011; ABC News, 5/19/2011; Wall Street Journal, 5/23/2011] Many of Obama’s top aides are at the top secret meeting as well, including Vice President Joe Biden, Secretary of State Hillary Rodham Clinton, and Defense Secretary Robert Gates. Panetta describes the compound and the intelligence leading to it in great detail. An unnamed administration official at the meeting will later say: “It was electric.… For so long, we’d been trying to get a handle on this guy. And all of a sudden, it was like, wow, there he is.” [New York Times, 5/2/2011] The evidence is so tantalizing that the US decides not to say anything about the compound to the Pakistani government, or to even close US allies like Britain or Canada, for fear that intelligence leaks could let bin Laden slip away. [Associated Press, 5/2/2011]

Entity Tags: Osama bin Laden, Hillary Clinton, Leon Panetta, Joseph Biden, Robert M. Gates, Barack Obama

Timeline Tags: Complete 911 Timeline, War in Afghanistan

News reports indicate that former al-Qaeda spokesperson Suliman abu Ghaith has been released after years of house arrest in Iran. Abu Ghaith had been held in Iran with other al-Qaeda leaders under a kind of secret house arrest since early 2002 (see Spring 2002). Sometime earlier in the year, abu Ghaith was allegedly sent to Afghanistan as part of a deal with the Taliban in exchange for the release of an Iranian diplomat named Heshmatollah Attarzadeh, who was kidnapped in 2008. [United Press International, 9/29/2010]

Entity Tags: Suliman abu Ghaith, Heshmatollah Attarzadeh

Timeline Tags: Complete 911 Timeline

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