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Context of 'June 2, 2008: British MP Files Complaint over Use of Diego Garcia in Rendition of ‘Ghost Detainees’'

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The US and Britain secretly agree to make the British Indian Ocean Territory (BIOT) available “for the defense purposes of both Governments as they may arise” for a period of 50 years, and thereafter for 20 years during which time either government will have the right to terminate the agreement. [US Department of State, 12/30/1966; United Kingdom, 12/30/1966; Guardian, 9/1/2000; BBC, 1/10/2001; BBC, 11/11/2004]

Entity Tags: David Kirkpatrick Este Bruce, George T. Churchill

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

In a secret memo to British Prime Minister Harold Wilson, Foreign Secretary Michael Stewart proposes that Britain mislead the UN “by present(ing) any move as a change of employment for contract workers—rather than as a population resettlement.” [ZNet, 10/22/2004] Five days later, Wilson approves the recommendation (see April 26, 1969).

Entity Tags: Robert Maitland Michael Stewart, Harold Wilson, Chagossians

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

Plantations at Diego Garcia cease their operations with the arrival of American Navy Seabees. [Sunday Times (London), 9/21/1975; US Congress, 11/4/1975; Diego Garcia, 1/5/2005; CBC News, 3/7/2005]

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

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

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

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

Britain agrees to pay £650,000 (about $1.4 million) to the Mauritius government for costs associated with the resettlement of the Chagossians, who are being evicted from their homes in the Chagos Islands by the British (see July 27, 1971-May 26, 1973). It is paid in March 1973. No help is provided to Seychelles, which has also received displaced islanders. [Washington Post, 9/9/1975; British Royal Courts of Justice, 10/9/2003] Most of the money goes toward repaying debts the Chagossians have incurred. [Tribune (Bahamas), 11/17/2003]

Entity Tags: Chagossians

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

Former inhabitants of the Chagos Islands deliver a formal petition to the British embassy, asking Britain to see that the Mauritanian government provides them with plots of land, a house for each family, and jobs. The Chagossians, who were evicted from their homes by the British a few years before (see July 27, 1971-May 26, 1973), say that absent this help, they would prefer being allowed to return to the islands. Copies of the petition are delivered to the American embassy, Mauritian Prime Minister Seewoosagur Ramgoolam, and several opposition leaders of the Mauritian government. [Washington Post, 9/9/1975]

Entity Tags: Seewoosagur Ramgoolam, Chagossians

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

A State Department official tells Congress, “[T]he nature of the island [of Diego Garcia] itself, which is a rather small piece of land, is also fortuitous in that it has no local population whatsoever so we have a minimal degree of the sort of political problems that are sometimes associated with establishing a facility of this sort.” [US Congress, 11/4/1975]

Entity Tags: US Congress

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

US military officials tell Congress that the US needs to develop naval support facilities on the island of Diego Garcia. The Pentagon wants to lengthen the runway at Diego Garcia from 8,000 to 12,000 feet, increase the available petroleum, oils, and lubricants storage, and dredge its harbor. It would also like to build additional barracks, a pier to facilitate cargo handling, as well as additional utility and recreational facilities. The officials argue that expanding the base at Diego Garcia is needed to safeguard US oil interests in the Persian Gulf and to counter the Soviet Union’s presence in the region, which the military claims is increasing rapidly. They attempt to allay Congress’ concerns that expanding the base would provoke competition in that region with the Soviet Union. At one point during the hearing, George Vest, Director of the Bureau of Politico-Military Affairs of the Department of State, says the island is “uninhabited,” making no reference to the fact that it had been made so by the US and British only a few years before (see July 27, 1971-May 26, 1973). When further questioned on the subject, Vest repeats that there are “no inhabitants” at all on the island. [US Congress, 6/5/1975; Los Angeles Times, 11/4/2000]

Entity Tags: US Department of Defense, George Vest, US Congress

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

The Washington Post is the first Western newspaper to report about the forced relocation of the inhabitants of the Chagos Islands. US officials had previously claimed that the island of Diego Garcia was “uninhabited,” (see June 5, 1975) and (see March 6, 1975) conveniently ignoring the fact that the island had been depopulated by Britain and the US (see July 27, 1971-May 26, 1973). [Washington Post, 9/9/1975; Washington Post, 9/11/1975]

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

A congressional subcommittee of the Committee on International Relations holds a hearing on the circumstances surrounding the establishment of the US military facility at Diego Garcia island. The hearing focuses on the forced eviction of the archipelago’s inhabitants (see July 27, 1971-May 26, 1973).
Testimony of George T. Churchill - In his statement to Congress, George T. Churchill, director of International Security Operations at the Department of State, attempts to defend the State Department and Pentagon from accusations that they misled Congress about the inhabitants of Diego Garcia. He asserts that the island’s population had consisted mainly of “contract laborers and their families whose livelihood depended on the coconut plantations and whose ties to the island were tenuous.” Their settlements, he says, “appear to have been something more than work camps but considerably less than free indigenous communities.” Churchill argues that resettlement was necessary because the islanders would not have had work once the plantations were replaced by US military facilities. When it was time to go, he claims, the residents “went willingly.” He also contends that he could find no evidence in government files that there was a “lack of concern for the inhabitants of the Chagos Islands.” He admits that his report is based entirely on US and British sources and that no attempt was made to interview the former inhabitants or request information from the Mauritius government—despite his acknowledgment that on many issues, there “simply wasn’t enough data.” Churchill argues that it was Britain’s responsibility to see to the islanders’ welfare after resettlement and denies that the US has any obligation—moral or legal—to the islanders, even though their eviction had been a condition of the US’ 1966 agreement (see December 30, 1966) with Britain to use the island. [US Congress, 11/4/1975]
Testimony of Commander Gary Sick - Pentagon official Gary Sick addresses accusations that the military has misled Congress about Diego Garcia’s population. In his testimony he cites instances where passing references were made about the islands’ population, including a 1964 Washington Post article mentioning the possibility that an “indigenous population” might exist on the island; a 1969-1979 Pentagon spending proposal which referred to the islanders as “rotating contract personnel engaged in harvesting copra”; and a 1970 congressional hearing in which it was stated that the “British [had] gone a little farther about removing the population from there now.” [US Congress, 11/4/1975]

Entity Tags: Gary G. Sick, US Congress, George T. Churchill

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

The Mauritius government disperses the £650,000, received by the British in 1973 (see July 27, 1971-May 26, 1973), to 595 Chagossians families. Since 1973, inflation has significantly reduced the value of the resettlement sum. [British Royal Courts of Justice, 10/9/2003]

Entity Tags: Chagossians

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

The British government pays roughly $6 million in compensation to the former inhabitants of the Chagos Islands who were forcibly removed from their homeland to make way for a US military base between 1971 and 1973 (see July 27, 1971-May 26, 1973). When Chagossians go to the Social Security Office to collect their compensation they are required to endorse, by signature or thumbprint, a renunciation form forfeiting their right to ever return home. Though Chagossians speak Creole, the forms are written in English and are not translated for them. [British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003]

Entity Tags: Chagossians

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

In late 1993, bin Laden asks Ali Mohamed to scout out possible US, British, French, and Israeli targets in Nairobi, Kenya. Mohamed will later confess that in December 1993, “I took pictures, drew diagrams and wrote a report.” Then he travels to Sudan, where bin Laden and his top advisers review Mohamed’s work. In 1994, Mohamed claims that “bin Laden look[s] at a picture of the American Embassy and point[s] to where a truck could go as a suicide bomber.” A truck will follow bin Laden’s directions and crash into the embassy in 1998. Mohamed seems to spend considerable time in Nairobi working with the cell he set up there and conducting more surveillance. He also is sent to the East African nation of Djibouti to scout targets there, and is asked to scout targets in the West African nation of Senegal. [Los Angeles Times, 10/21/2000; Chicago Tribune, 12/11/2001; LA Weekly, 5/24/2002; 9/11 Commission, 6/16/2004] Much of his work seems to be done together with Anas al-Liby, a top al-Qaeda leader with a mysterious link to Western intelligence agencies similar to Mohamed’s. In 1996, British intelligence will pay al-Liby to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi (see 1996), and then will let him live openly in Britain until 2000 (see Late 1995-May 2000). Al-Liby is said to be a “computer wizard” known for “working closely” with Mohamed. [New York Times, 2/13/2001; New York Times, 4/5/2001] L’Houssaine Kherchtou, an al-Qaeda member who later turns witness for a US trial (see September 2000), was trained in surveillance techniques in Pakistan by Mohamed in 1992. Kherchtou will claim he later comes across Mohamed in 1994 in Nairobi. Mohamed, Anas al-Liby, and a relative of al-Liby’s use Kherchtou’s apartment for surveillance work. Kherchtou sees al-Liby with a camera about 500 meters from the US embassy. [Washington File, 2/22/2001] Mohamed returns to the US near the end of 1994 after an FBI agent phones him in Nairobi and asks to speak to him about an upcoming trial. [Washington File, 2/22/2001]

Entity Tags: Ali Mohamed, L’Houssaine Kherchtou, Anas al-Liby, Federal Bureau of Investigation, Osama bin Laden

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

In mid-1996, Jamal al-Fadl will walk into a US embassy in Eritrea, defect from al-Qaeda, and become a key informant for the US about al-Qaeda’s inner workings and leadership (see June 1996-April 1997). The 9/11 Commission’s final report will later mention, “Corroborating evidence [to al-Fadl’s revelations] came from another walk-in source at a different US embassy.” [9/11 Commission, 7/24/2004, pp. 109] Nothing more has been publicly revealed about this other defector, except for a 9/11 Commission footnote mentioning that the information about his defection comes from a January 1997 CIA cable. [9/11 Commission, 7/24/2004, pp. 479] This person does not seem to be L’Houssaine Kherchtou, another al-Qaeda defector from around this time, since the 9/11 Commission mentions him by name elsewhere in their final report, and he does not talk to the US until mid-2000 (see Summer 2000). [9/11 Commission, 7/24/2004, pp. 62] This also does not fit the profile of Essam al Ridi, another al-Qaeda informant, who does not get into contact with US officials until after the embassy bombings in 1998. [Radio Free Europe, 9/10/2006] The 9/11 Commission also notes that, “More confirmation [about al-Fadl’s revelations] was supplied later that year by intelligence and other sources, including material gathered by FBI agents and Kenyan police from an al-Qaeda cell in Nairobi” (see August 21, 1997). [9/11 Commission, 7/24/2004, pp. 109]

Entity Tags: Jamal al-Fadl, 9/11 Commission

Timeline Tags: Complete 911 Timeline

Radical London imam Abu Hamza al-Masri helps recruit Saajid Badat, who will later go on to be involved in a shoe bombing plot. Unlike many of Abu Hamza’s recruits, Badat is middle-class, but has argued with his father and moved to London. There Badat attends mosques around the capital and is moved by the plight of Muslims in the former Yugoslavia. Badat is impressed by Abu Hamza’s rhetoric and the fact that he actually went to Bosnia, and goes to Sarajevo himself in 1998. He then goes to study Islam in madrassas (Islamic boarding schools) in the Middle East and Pakistan. His travel to training camps in Afghanistan at the start of 1999 is reportedly arranged by the same people that perform the same service for fellow shoe bomber Richard Reid (see December 22, 2001), whom Badat will link up with in Pakistan in November 2001 (see November 20, 2001). [O'Neill and McGrory, 2006, pp. 229-230]

Entity Tags: Abu Hamza al-Masri, Saajid Badat

Timeline Tags: Complete 911 Timeline

While at the radical Finsbury Park mosque in London, future shoe bomber Richard Reid, at this time an angry young Muslim, meets an Algerian named Djamel Beghal, known as a top militant Islamist. Beghal’s task at Finsbury Park, run by British intelligence informer Abu Hamza al-Masri (see Early 1997), is that of a “talent spotter”—he tells impressionable young men about jihad in places like Algeria and gets them to talk about their frustrations. If Beghal thinks a person has the potential to do more than just talk, he can arrange for the person to travel to a training camp in Afghanistan. Reid travels to Afghanistan after being selected by Beghal, although he will later fail to carry out his suicide mission (see December 22, 2001). [O'Neill and McGrory, 2006, pp. 225]

Entity Tags: Richard C. Reid, Finsbury Park Mosque, Djamel Beghal

Timeline Tags: Complete 911 Timeline

The British intelligence service MI6 and Moroccan intelligence approach al-Qaeda operative L’Houssaine Kherchtou in an attempt to recruit him. Kherchtou is disillusioned with al-Qaeda and has been under surveillance by the Moroccans for some time. The results of the first meeting are not known, but after it Kherchtou returns to Nairobi, Kenya, where he had helped with a plot to bomb the US embassy and provided his apartment to other conspirators (see Late 1993-Late 1994), and makes contact with other cell members again in early August. He apparently does not know the precise details of the operation, but when the attack happens (see 10:35-10:39 a.m., August 7, 1998), he realizes who did it. MI6 is aware that he is in Kenya and he is detained at the airport by local authorities and turned over to them. MI6 debriefs him about the embassy bombings, but this information is not immediately shared with the FBI (see Shortly After August 7, 1998), which later takes him into custody (see Summer 2000). [American Prospect, 6/19/2005]

Entity Tags: UK Secret Intelligence Service (MI6), Direction de la Surveillance du Territoire (Morocco), L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

After the bombings of two US embassies in East Africa (see 10:35-10:39 a.m., August 7, 1998), the British intelligence service MI6 obtains some important information about the attacks, but does not share it with the FBI. MI6 obtains the information from a member of the bombing cell, L’Houssaine Kherchtou, who already has a relationship with MI6 when the attack happens (see Mid-Summer 1998). Kherchtou tries to flee Kenya after the bombing, but, tipped off by the British, local authorities detain him and hand him over to MI6. He is debriefed in Nairobi, but, although the British say they share the information with the CIA, they do not provide it to the FBI, which is investigating the bombing. FBI agent Jack Cloonan will later comment: “[W]e’ve got hundreds of agents on the ground in Kenya and Tanzania trying to figure out what happened. Let me just say it would have been real helpful if the British had told us they had one of the cell members in custody.” Kherchtou helped plan the bombings (see Late 1993-Late 1994) and is handed over to the FBI in the summer of 2000, later becoming a star prosecution witness at the trial (see Summer 2000 and September 2000). [American Prospect, 6/19/2005]

Entity Tags: Jack Cloonan, Central Intelligence Agency, Federal Bureau of Investigation, UK Secret Intelligence Service (MI6), L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

A group of recruits at the radical Finsbury Park mosque in London, which is run by British intelligence informer and radical London imam Abu Hamza al-Masri (see Early 1997), starts to be groomed as suicide bombers. The group includes shoe bomber Richard Reid (see December 22, 2001) and Saajid Badat, one of his accomplices (see (December 14, 2001)). Some of the suicide squad live in Brixton, south London, with Zacarias Moussaoui. Salam Abdullah, a radical who attends the mosque at this time, will later say, “You could tell from the way they were treated by Abu Hamza and his aides that they were marked for something special, but we didn’t know it was for suicide attacks.” Other mosque-goers do not discuss the group, and the men do not talk about their mission, but periodically disappear, presumably to go abroad for training. Some of them are foreigners, who are known only by their nicknames, and are sent to Finsbury Park from other militant centers around Britain and Europe. Authors Sean O’Neill and Daniel McGrory will later comment: “It was in north London that the suicide bombers were provided with money, documents, and the names of the contacts who would steer them to the intended targets in the Middle East, Afghanistan, Chechnya, Kashmir, and the cities of Europe.” [O'Neill and McGrory, 2006, pp. 89-93] In addition to being an informer for the British, Abu Hamza is himself under surveillance by numerous intelligence services, including the same British ones he works for (see Summer 1996-August 1998, (November 11, 1998), and February 1999). What the British authorities know of this squad, and whether they attempt to do anything about it is unknown.

Entity Tags: Zacarias Moussaoui, Sean O’Neill, Salman Abdullah, Finsbury Park Mosque, Richard C. Reid, Daniel McGrory, Abu Hamza al-Masri, Saajid Badat

Timeline Tags: Complete 911 Timeline

The FBI extracts a full confession from L’Houssaine Kherchtou, also known as “Joe the Moroccan,” a member of the cell that bombed the US embassy in Nairobi, Kenya (see Late 1993-Late 1994 and 10:35-10:39 a.m., August 7, 1998). However, in contrast with methods used on al-Qaeda operatives after 9/11, he is not tortured and the FBI is at pains to treat him well.
Relaxing Surroundings, Respectful Treatment - FBI agent Jack Cloonan will later say of the initial interrogation, which took place in Morocco, “The setting was beautiful, it was this grand house with stables out back, gazelles bouncing in the background, palm trees, three-course meals.” Kherchtou had a relationship with the British intelligence service MI6 (see Mid-Summer 1998 and Shortly After August 7, 1998), but had broken off contact with it and has to be lured to Morocco, where his debriefing is headed by Patrick Fitzgerald. Cloonan will later describe the questioning: “We advised [Kherchtou] of his rights. We told him he could have a lawyer anytime, and that he could pray at any time he wanted. We were letting the Moroccans sit in on this, and they were dumbfounded.… The Moroccans said he’d never talk. He never shut up for 10 days.” Fitzgerald denies Kherchtou a plea bargaining agreement, and says he must plead guilty to conspiracy to murder, for which he may receive a life sentence, though Fitzgerald promises to ask the judge for leniency. However, Cloonan will later say, “His wife needed money for medical treatment in Khartoum, and al-Qaeda had failed to provide it.” It is Cloonan’s “in” with Kherchtou, who is also sure that the US will not torture him. When Kherchtou wavers, Cloonan steps in. As he recalls: “I said, ‘Joe, you understand English, so I’d like you to go out and pray on this with your two Moroccan brothers.’ I thought Fitzy was going to give birth. Joe went out and prayed and came back and said yes.” He provides the FBI with details of the plot and becoming a star witness at the trial (see September 2000). [American Prospect, 6/19/2005; Vanity Fair, 12/16/2008]
Invaluable Information - Kherchtou’s information, provided at a time when the US knows comparatively little about al-Qaeda, is, in Cloonan’s assessment, invaluable. “He told us about a lot of things,” Cloonan later says. “We learned how they recruited people, their front organizations, how they used NGOs [non-governmental organizations], false passports, what they thought about kidnapping, how they developed targets, did their surveillance, a day in the life of Osama bin Laden, what weapons they used, what vehicles they drove, who was the principal liaison with the Sudanese government, that there was a relationship between al-Qaeda and Hezbollah, how they did their training exercises, their finances, and their membership.” After the trial, he enters the witness protection program in the US. Four of his onetime associates will receive life sentences as a direct result of his information. [Vanity Fair, 12/16/2008]
FBI Use Kherchtou as Example of Successful Interrogation Tacticss - FBI officials will later compare this outcome favorably to procedures used by other US agencies after 9/11. For example, following the detainee abuse scandals after 9/11, FBI manager Tom Harrington will write that the FBI has “been successful for many years obtaining confessions via non-confrontational interviewing techniques.” Cloonan will later contrast Kherchtou’s treatment with that of al-Qaeda training manager Ibn al-Shaykh al-Libi in December 2001, when the US sent al-Libi to Egypt to be tortured and interrogated, but some of the information he provided there turned out to be false (see December 19, 2001 and January 2002 and After). [American Prospect, 6/19/2005]

Entity Tags: Patrick J. Fitzgerald, Jack Cloonan, Ibn al-Shaykh al-Libi, Federal Bureau of Investigation, Al-Qaeda, Thomas J. Harrington, L’Houssaine Kherchtou

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Richard Reid.Richard Reid. [Source: Plymouth County Jail]MI5, Britain’s domestic intelligence agency, has Zacarias Moussaoui under surveillance. The French government had asked MI5 to monitor him in 1999 (see 1999), but it has not been confirmed if this is in response to that request. It is not clear when the surveillance begins, but the Observer reports that it lasts for “months” and ends when Moussaoui leaves Britain on December 9, 2000, to attend an al-Qaeda training camp in Afghanistan. The extent of Moussaoui’s surveillance is not publicly known; the only reported detail is that some phone calls between Moussaoui and Richard Reid are intercepted. Reid will later be convicted for attempting to blow up a passenger airliner with a bomb in his shoe (see December 22, 2001). MI5 records the conversations between them made inside Britain. Opposition politicians in Britain will later criticize MI5 for not realizing Reid’s al-Qaeda ties between 9/11 and Reid’s shoe bomb plot over two months later. [Observer, 12/30/2001; Wall Street Journal, 12/31/2001] Moussaoui appears to be in contact with other al-Qaeda figures during this time. For instance, he travels to Yazid Sufaat’s house in Malaysia in September 2000 and again in October 2000 (see September-October 2000), and Ramzi bin al-Shibh stays in London for a week in early December 2000 and meets with Moussaoui (see October 2000-February 2001). [Independent, 12/11/2001] However, it is not known if such contacts are monitored as well.

Entity Tags: Yazid Sufaat, United Kingdom, Zacarias Moussaoui, Ramzi bin al-Shibh, Richard C. Reid, UK Security Service (MI5)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Courtroom drawing of L’Houssaine Kherchtou.Courtroom drawing of L’Houssaine Kherchtou. [Source: C. Cornell/ CNN]Al-Qaeda defector L’Houssaine Kherchtou (see Summer 2000) tells the FBI that between 1992 and 1995 he trained in Nairobi, Kenya, to be a pilot for al-Qaeda. His training ended when he began to drift away from al-Qaeda in 1995. Kherchtou, who began working with MI6 before the African embassy bombings (see Mid-Summer 1998), is a key prosecution witness at the bombing trial in early 2001, where he repeats the information in public. He will later go into the witness protection program. [Washington File, 2/22/2001; American Prospect, 6/19/2005]

Entity Tags: Al-Qaeda, L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

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

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In London, Lord Justice Laws and Justice Gibbs rule that the US and Britain’s forced removal of some 1,800 people from the Chagos Islands (see July 27, 1971-May 26, 1973) was illegal, thereby granting the islands’ former inhabitants the right to resettle the archipelago. [BBC, 11/3/2000; Guardian, 11/4/2000; Los Angeles Times, 11/4/2000; BBC, 10/31/2002; Church Times, 1/7/2005] The court also awards the Chagossians with the costs of resettling [Guardian, 11/4/2000] but does not order the government to provide them with compensation. [Guardian, 12/13/2000] The judges also find that the two governments deliberately misled the United Nations and their own legislative bodies when they claimed that the displaced population consisted entirely of seasonal contract workers from Mauritius and the Seychelles and had no right to remain there (see April 21, 1969). Additionally, the ruling criticizes the two governments for not seeing to the welfare of the islanders after they were evicted. [Self-Determination News, 1/28/2002] Within hours of the ruling, the British Foreign Office accepts the judgment but says that the islanders will only be permitted to resettle on the islands of Penhos Banhos and Salomon. No one will be permitted to return to Diego Garcia, the largest of the islands, where most of the Chagossians once lived. The US is leasing the island until 2016 (see December 30, 1966) and is operating a very large naval base there (see March 1971). [Guardian, 11/4/2000; Los Angeles Times, 11/4/2000] Commenting on the case, an unnamed US Defense Department official tells the Los Angeles Times: “The United States does have a strategic interest on Diego Garcia. But this is a matter between the British authorities and the individuals who brought the case. We have no comment on the merits of the case.” The official adds that Diego Garcia “has played a primary role in the support of naval and Air Force units operating in the Indian Ocean and the Persian Gulf.” [Los Angeles Times, 11/4/2000]

Entity Tags: Chagossians

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

After a British court rules that the former inhabitants of the Chagos Islands have a right to return home (see November 3, 2000), the US, which is leasing the archipelago’s largest island, Diego Garcia, says it will not allow the islanders to return to Diego Garcia and will not allow them to use the island’s airstrip. The cost of building an airstrip on one of the other islands would likely cost more than $100 million. Without access to an airfield, it will be difficult, if not impossible, for the islanders to resettle any of the islands. [Guardian, 12/13/2000]

Entity Tags: Chagossians

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

Richard Reid, who will attempt to blow himself up on a flight to Miami five months later (see December 22, 2001), is sent on a spying mission to Israel. First, he obtains a new passport from the British consulate in Brussels to hide his travels to Pakistan shown in his old passport. Then Reid flies to Israel with El Al, testing the carrier’s security. He complains that screening has ruined his tape recorder and also notes how many times the cockpit door is opened, finding that the time just before passengers are told to fasten their seatbelts during descent is the best time to strike. In Tel Aviv, he cases buses, trains, churches, buildings, and shopping malls to determine the best targets to attack. Reid also examines tourist sites in Jerusalem, finding security lax at the Western Wall. After leaving Israel, he travels to Egypt, Turkey, and Pakistan. Investigators will later discover these details of his travels from a diary found on a computer at an al-Qaeda safe house in Kabul after the US invasion of Afghanistan in late 2001. [O'Neill and McGrory, 2006, pp. 228-229]

Entity Tags: Richard C. Reid

Timeline Tags: Complete 911 Timeline

The NSA monitors calls between an al-Qaeda communications hub in Yemen and one or more operatives involved in a plot to attack the US embassy in Paris. The communications hub in Yemen is run by Ahmed al-Hada, father-in-law of 9/11 hijacker Khalid Almihdhar, who is also involved in the US embassy bombings (see August 4-25, 1998), the USS Cole bombing (see Mid-August 1998-October 2000), and 9/11 (see Early 2000-Summer 2001). The Paris plot is apparently foiled based on this information, although the details are sketchy. [US News and World Report, 3/15/2004] The name of the operative or operatives who talk to the communications hub in Yemen is unknown. One candidate is Djamel Beghal, who will be arrested on July 28 (see July 24 or 28, 2001) based on a tip-off issued by the CIA to partner agencies on July 3 (see July 3, 2001). Another is Nizar Trabelsi, who will be arrested on September 13, although Trabelsi may be arrested based on information gleaned from Beghal. Both Beghal (see Spring 1998) and Trabelsi (see September 13, 2001) are connected to a plot to destroy an airliner with a shoe bomb, but this is not stopped (see December 22, 2001).

Entity Tags: Djamel Beghal, Al-Qaeda, Nizar Trabelsi, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hamzah Haz.Hamzah Haz. [Source: Secretary of Vice President of Republic of Indonesia]Hamzah Haz supports many Islamist militants during his time as vice president of Indonesia from 2001 to 2004. Hamzah serves under President Megawati Sukarnoputri, but he heads a different political party than she does, and his party, the United Development Party (PPP) has a more Muslim orientation. Prior to the October 2002 Bali bombings, Hamzah describes himself as “very close” to Abu Bakar Bashir, the alleged spiritual head of the al-Qaeda affiliate group Jemaah Islamiyah. Just one week before the Bali bombings, he says, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first.” In May 2002, he kisses both of Bashir’s cheeks in public. And in August 2002, he publicly invites Bashir to dinner. Hamzah also calls himself “very close” to Jafar Umar Thalib, the head of Laskar Jihad, an Indonesian paramilitary group responsible for killing thousands of Christians in the province of Maluku (see January 1999-July 2001). [Age (Melbourne), 10/14/2002; Time, 10/21/2002] After the Bali bombings, Hamzah tones down his support for militants such as Bashir and Thalib. However, he continues to ridicule suggestions Indonesia has a serious terrorist problem. In September 2003, he says, “Who is the real terrorist? It is the United States for they have attacked Iraq. In fact they are the king of terrorists.” [Sydney Morning Herald, 9/5/2003]

Entity Tags: Jafar Umar Thalib, Hamzah Haz, Laskar Jihad, Jemaah Islamiyah, Abu Bakar Bashir, Megawati Sukarnoputri

Timeline Tags: Complete 911 Timeline

The FBI’s Minneapolis office asks for permission to interview Zacarias Moussaoui a few hours after the end of the 9/11 attacks, but permission is denied, apparently on the grounds that there is no emergency. On 9/11, the office’s counsel, Coleen Rowley, seeks permission from the Acting US Attorney to question Moussaoui about whether al-Qaeda has any further plans to hijack airliners or otherwise attack the US. The next day she asks again; this time the request is sent to the Justice Department. Such questioning would not usually be permitted, but Rowley argues that it should be allowed under a public safety exception. However, permission is denied and Rowley is told that the emergency is over so the public safety exception does not apply. Rowley will later comment: “We were so flabbergasted about the fact we were told no public safety emergency existed just hours after the attacks that my boss advised me to document it in a memo which became the first document in the legal subfile of the FBI’s ‘Penttbom’ case.” [Huffington Post, 5/2/2007] Some sources will suggest that Moussaoui was to be part of a second wave of attacks (see September 5, 2002). He is also an associate of shoe bomber Richard Reid, who will attempt to blow up an airliner later this year (see Mid-2000-December 9, 2000 and December 22, 2001).

Entity Tags: FBI Minnesota field office, Coleen Rowley, Zacarias Moussaoui, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Nizar Trabelsi.Nizar Trabelsi. [Source: Daily Telegraph]Nizar Trabelsi, an al-Qaeda operative involved in numerous plots, is arrested in Brussels, Belgium. Police find machine pistols, chemical formulas for making bombs, detailed maps of the US embassy in Paris, and a business suit—it appears Trabelsi intended to walk into the embassy with the suit covering a suicide bomb vest and then detonate the explosives. The arrest is apparently due to information gleaned from Djamel Begham, a top al-Qaeda operative arrested in July (see July 24 or 28, 2001). Two of the plots Trabelsi is said to be involved in, an attack on a NATO base in Belgium and the attack on the US embassy in Paris, are thwarted. Trabelsi will later be found guilty in Belgium of planning the attack on the base (see September 30, 2003). [CNN, 10/3/2001] However, a third plot in which Trabelsi is involved—a plot to blow up two transatlantic airliners—is not thwarted. The plot is to be carried out by two al-Qaeda operatives who are in contact with Trabelsi around this time, Saajid Badat and Richard Reid. Reid returned to Europe from Asia in July or August (see July 2001), after which he stayed in Belgium with Trabelsi, who also found him work in hotel kitchens. Badat is also in contact with Trabelsi using phone cards, and analysis of them will help lead to his arrest some time later. The plot will fail when Badat backs out (see (December 14, 2001)) and Reid is unable to detonate the explosives before he is overpowered by fellow passengers and crew (see December 22, 2001). It is unclear why this third plot is not stopped as well after Trabelsi’s arrest. [O'Neill and McGrory, 2006, pp. 229-231] However, his arrest does lead to more arrests in Spain 13 days later (see September 26, 2001).

Entity Tags: Nizar Trabelsi, Richard C. Reid, Saajid Badat

Timeline Tags: Complete 911 Timeline

The arrest of al-Qaeda operative Nizar Trabelsi is revealed in the international press by this date, if not earlier. An article published by UPI on this day names Trabelsi as having been arrested (see September 13, 2001) in connection with the capture of one of his associates, Djamel Beghal, in Dubai (see July 24 or 28, 2001). [United Press International, 9/21/2001] Trabelsi is linked to two shoe bombing plotters, Richard C. Reid and Saajit Badat. [O'Neill and McGrory, 2006, pp. 231] The arrest is also mentioned in subsequent days on CNN and in the Washington Post, for example. [Washington Post, 9/28/2001; CNN, 9/29/2001] Al-Qaeda may well already be aware that Trabelsi has been arrested, as he must have been out of contact for over a week at this point. However, the shoe bombing plot is not canceled and goes ahead, despite the bombers’ link to Trabelsi. One of the bombers backs out later for an unrelated reason (see (December 14, 2001)) and the other is thwarted when he attempts to blow up an aircraft in December (see December 22, 2001).

Entity Tags: Saajid Badat, Richard C. Reid, Nizar Trabelsi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

The United States government creates a multi-layered international system of detention centers and prison camps where suspected terrorists, enemy combatants, and prisoners of war are detained and interrogated. [Washington Post, 5/11/2004, pp. A01] The Washington Post reports in May 2004: “The largely hidden array includes three systems that only rarely overlap: the Pentagon-run network of prisons, jails, and holding facilities in Iraq, Afghanistan, Guantanamo, and elsewhere; small and secret CIA-run facilities where top al-Qaeda and other figures are kept; and interrogation rooms of foreign intelligence services—some with documented records of torture—to which the US government delivers or ‘renders’ mid- or low-level terrorism suspects for questioning…. The detainees have no conventional legal rights: no access to a lawyer; no chance for an impartial hearing; and… no apparent guarantee of humane treatment accorded prisoners of war under the Geneva Conventions or civilians in US jails.” [Washington Post, 5/11/2004, pp. A01] One administration official tells the New York Times that some high-level detainees may be held indefinitely. [New York Times, 5/13/2004] Secrecy permeates the system. For example, renditions are done covertly and the locations of the secret CIA-run interrogation centers are considered “so sensitive that even the four leaders of the House and Senate intelligence committees, who are briefed on all covert operations, do not know them.” [Washington Post, 5/11/2004, pp. A01] In May 2004, it is estimated that there are 10,000 prisoners being held in US facilities around the world. They come from a number of countries including Jordan, Lebanon, Libya, Malaysia, Oman, Saudi Arabia, Somalia, Sudan, Syria, Sweden, Tunisia, Turkey, Ukraine, Britain, the Palestinian territories, and Yemen. [Independent, 5/15/2004]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number.One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number. [Source: Public domain via Wikipedia]A secret arrangement is made in Brussels, Belgium, by all members of NATO. Lord George Robertson, British defense secretary and later NATO’s secretary general, will later explain NATO members agree to provide “blanket overflight clearances for the United States and other allies’ aircraft for military flights related to operations against terrorism.” [London Times, 11/25/2007] Over 700 prisoners will fly over NATO countries on their way to the US-controlled Guantanamo prison in Cuba beginning in 2002 (see January 14, 2002-2005).
Conditions of Transfer - According to a 2007 report by the International Committee of the Red Cross (ICRC—see March 15, 2009), detainees flown on CIA rendition flights would be:
bullet Photographed both clothed and naked;
bullet Subjected to body cavity (rectal) searches, with some detainees later alleging that they were administered suppositories of some sort;
bullet Dressed in a diaper and a tracksuit, with earphones placed over the ears (through which shatteringly loud music would sometimes be played), a blindfold, black goggles, and sometimes cotton wool placed over the eyes;
bullet Shackled by hands and feet, and thus carried onto an airplane, where they would remain, without toilet privileges, from one to 30 hours.
The prisoners would usually be allowed to sit upright, but the ICRC will later find that on “some occasions detainees were transported lying flat on the floor of the plane… with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one location to another. [New York Review of Books, 3/15/2009]

Entity Tags: George Robertson, North Atlantic Treaty Organization, International Committee of the Red Cross

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Pakistani forces capture Ibn al-Shaykh al-Libi, a Libyan national, apparently as he is trying to flee Afghanistan. Al-Libi is considered an al-Qaeda leader and head of the Khaldan training camp in Afghanistan for many years. [Washington Post, 6/27/2004] He is the first al-Qaeda figure captured after 9/11 of any importance. He will be transferred to US custody one month later (see December 19, 2001).

Entity Tags: Ibn al-Shaykh al-Libi

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

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

Entity Tags: Al-Qaeda, Mohammed Atef

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). [Washington Post, 3/11/2002] He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Entity Tags: Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

Two CIA agents, “Dave” and Johnny Michael Spann, are singling out prisoners for interrogation in an effort to determine their affiliations and backgrounds and screen them for possible links to al-Qaeda. Two television crews—from Reuters and the German station ARD—are present. John Walker Lindh has been pointed out to Spann as a Westerner, or at least someone who speaks English. Spann approaches Lindh and begins asking him questions: [London Times, 11/28/2001; Guardian, 12/1/2001; Newsweek, 12/6/2001]
Spann - “[Speaking to Lindh] Hey you. Right here with your head down. Look at me. I know you speak English. Look at me. Where did you get the British military sweater?” Lindh does not respond and Spann walks away. A few moments later, Northern Alliance soldiers approach Lindh and tighten the ropes around his elbows. A Northern Alliance officer kicks him lightly in the stomach. Later, Lindh is brought over to a blanket covering bare earth and pushed down so he sits cross-legged on the blanket. Spann then squats down on the edge of the blanket, and faces Lindh:
Spann - “[Speaking to Lindh] Where are you from? Where are you from? You believe in what you’re doing here that much, you’re willing to be killed here? How were you recruited to come here? Who brought you here? Hey! [He snaps his fingers in front of Lindh’s face. Lindh is unresponsive] Who brought you here? Wake up! Who brought you here to Afghanistan How did you get here? [Long pause] What, are you puzzled?” Spann kneels on the blanket and attempts to photograph Lindh with a digital camera.
Spann - “Put your head up. Don’t make me have to get them to hold your head up. Push your hair back. Push your hair back so I can see your face.” An Afghan soldier pulls Walker’s hair back, holding his head up for the picture.
Spann - “You got to talk to me. All I want to do is talk to you and find out what your story is. I know you speak English.” Dave then walks up and speaks with Spann.
Dave - “Mike!”
Spann - “[to Dave] Yeah, he won’t talk to me.”
Dave - “OK, all right. We explained what the deal is to him.”
Spann - “I was explaining to the guy we just want to talk to him, find out what his story is.”
Dave - “The problem is, he’s got to decide if he wants to live or die and die here. We’re just going to leave him, and he’s going to f_cking sit in prison the rest of his f_cking short life. It’s his decision, man. We can only help the guys who want to talk to us. We can only get the Red Cross to help so many guys.”
Spann - “[to Lindh] Do you know the people here you’re working with are terrorists and killed other Muslims? There were several hundred Muslims killed in the bombing in New York City. Is that what the Koran teaches? I don’t think so. Are you going to talk to us?” Walker does not respond.
Dave - “[to Spann] That’s all right man. Gotta give him a chance, he got his chance.” Spann and Dave stand and keep talking to each other.
Spann - “[to Dave] Did you get a chance to look at any of the passports?”
Dave - “There’s a couple of Saudis and I didn’t see the others.”
Spann - “I wonder what this guy’s got?” Walker is then taken back to the group of prisoners by an Afghan guard. [Newsweek, 12/6/2001]

Entity Tags: John Walker Lindh, Mike Spann, “Dave”

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA agent “Dave”.CIA agent “Dave”. [Source: CNN/House of War]One of the prisoners who is being interrogated by the two CIA agents tells Mike Spann that he has come to Afghanistan “to kill” him. With that, the prisoner lunges towards him. At this point accounts differ over what happens. According to an early account, Mike Spann immediately shoots the prisoner and three others dead with his pistol before the nearby Taliban prisoners join the skirmish and “beat, kick, and bite” Spann to death. [London Times, 11/28/2001] In the other account, the prisoner who lunged towards Spann, used a grenade to blow him and Spann up, killing both of them immediately. [Guardian, 12/1/2001] “Dave,” the second CIA agent, then shoots at least one of the foreign Taliban fighters dead and flees the vicinity. He goes to General Dostum’s headquarters in the north side of the fort where he contacts the American embassy in Tashkent, Uzbekistan using a satellite phone borrowed from the German TV crew. He tells the embassy, “We have lost control of the situation. Send in helicopters and troops.” [Guardian, 12/1/2001] One witness later recalls, “David asked his superiors for choppers to be brought in, as well as ground troops to get everyone out. They sent about 40 American soldiers, but the choppers were too far away in Uzbekistan. David’s people offered to bring in gunships and bomb the Taliban. They would flatten the whole castle and kill us all. David told them twice they shouldn’t do that. They were really pressing for airstrikes and after three hours they started.” [London Times, 11/28/2001] Meanwhile, Dostum’s soldiers began to shoot indiscriminately at the rows of bound prisoners. Some are killed and as prisoners stand up and run for cover, more are shot in their flight. John Walker Lindh too tries to run but after two or three paces a bullet hits him in his right thigh and he falls to the ground. Unable to walk, with chaos all around him, Lindh pretends to be dead. He remains on the ground for the next twelve hours. The Taliban soldiers soon overpower their Northern Alliance captors, take their weapons and break into the arms depot located towards the center for the compound where they help themselves to Dostum’s mortars and rocket launchers. [London Times, 11/28/2001; Guardian, 12/1/2001; United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Northern Alliance, Mike Spann, Taliban, “Dave”, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

According to US military officials, the USS Bataan and USS Peleliu are used as prison ships to hold captives suspected of terrorist activities, including “American Taliban” John Walker Lindh (see December 14, 2001). Both vessels are operating in the Indian Ocean. The use of US naval vessels as prison ships is kept extremely secret; the press will not learn of the incidents for years, and even then, details will be sketchy. Questioned in 2004 about the use of US military ships as “floating prisons” (see June 2, 2008), Rear Admiral John Stufflebeem will say: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention center, for a security aspect, and obviously an interest to continue interrogation.” The US may also use ships in and around the British-controlled island of Diego Garcia, in the Indian Ocean, to hold prisoners indefinitely and “off the books.” And the US may use its ships for what is called “extraordinary rendition”—the secret transportation of prisoners to foreign countries where they can be interrogated and tortured in ways proscribed by US law. US and British officials will repeatedly deny the use of Diego Garcia in any such “floating incarcerations” or renditions. [Guardian, 6/2/2008] One reason for the use of naval vessels as prison ships may be necessity: the US is capturing scores of prisoners in Afghanistan, but the first detainee facilities at Guantanamo Bay, Cuba will not open until January 2002 (see January 11, 2002).

Entity Tags: John Walker Lindh, John Stufflebeem

Timeline Tags: Torture of US Captives

As soon as he hears the news of his son’s capture in Afghanistan, John Walker Lindh’s father immediately hires James Brosnahan, a well-respected lawyer, on behalf of his son. On December 3, Brosnahan faxes a letter to Secretary of State Colin Powell, Attorney General John Ashcroft, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. He introduces himself as Lindh’s lawyer, expresses his wish to see him, and states: “Because [Lindh] is wounded and, based upon press reports, went for three days without food, I would ask that any further interrogation be stopped, especially if there is any intent to use it in any subsequent legal proceedings.” When Brosnahan receives no reply, he writes again, “I would ask that no further interrogation of my client occur until I have the opportunity to speak with him. As an American citizen, he has the right to counsel and, under all applicable legal authorities, I ask for the right to speak with my client as soon as possible.” On December 5, still having received no reply, he urges that “we have a conversation today.” Again, no reply comes. [Los Angeles Times, 3/23/2002; World Socialist Web Site, 3/27/2002; New Yorker, 3/3/2003]

Entity Tags: John Walker Lindh, George J. Tenet, Donald Rumsfeld, Colin Powell, John Ashcroft, James Brosnahan

Timeline Tags: Torture of US Captives, War in Afghanistan

Tom Ridge, Director of Homeland Security, warns that terrorist strikes “could happen within the next few weeks.” Ridge states that “the quantity and level of threats… have reached a threshold where we should once again place the public on general alert.” He describes the terrorists as “shadow soldiers… a shadow enemy.” [MotherJones, 12/3/2001] Richard Reid does attempt to blow up an airplane with a shoe-bomb later in the month (see December 22, 2001).

Entity Tags: Tom Ridge, US Department of Homeland Security

Timeline Tags: Complete 911 Timeline

John Walker Lindh (see Late morning, November 25, 2001) is moved to a Navy ship, the USS Peleliu. When he arrives, he is still unable to walk and is suffering from dehydration, frostbite on his toes and mild hypothermia. Navy physicians treat Lindh with IV fluids, and on the same day, Haynes’ deputy, Paul W. Cobb Jr., tells Lindh’s lawyers: “I can inform you that John Walker is currently in the control of United States armed forces and is being held aboard USS Peleliu in the theater of operations. Our forces have provided him with appropriate medical attention and will continue to treat him humanely, consistent with the Geneva Convention protections for prisoners of war.” [Business Wire, 12/17/2001; ABC News, 12/19/2001] It is the first response James Brosnahan, head of Lindh’s defense team, receives to his letters, the first of which he sent on December 3 (see December 3-5, 2001).

Entity Tags: James Brosnahan, John Walker Lindh, Paul W. Cobb

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

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

Chagossians file a class action suit against the US government suing for reparations and the right to return to their homes on the Chagos Islands. They were evicted from the islands in the early 1970s (see July 27, 1971-May 26, 1973) so the US could build a military base on the island of Diego Garcia. The suit accuses the US government, as well as numerous past and present officials, with trespass, intentional infliction of emotional distress, forced relocation, racial discrimination, torture, and genocide. The Chagossians are not asking the US government to abandon the island and say they are willing to work on the base. [Washington Post, 12/21/2001; Self-Determination News, 1/28/2002]

Entity Tags: Chagossians

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

Richard Reid.Richard Reid. [Source: Associated Press]Shoe bomber Richard Reid attempts to board a flight from Paris to Miami, but is delayed by security checks and misses the flight. There are several reasons for the extensive checks:
bullet He bought his $1,800 ticket with cash three days previously. [O'Neill and McGrory, 2006, pp. 232-233]
bullet He is bearded and “of Arabic appearance.”
bullet According to other passengers, he looks “blank” and acts suspiciously. [Daily Mail, 12/24/2001]
bullet He smells bad. [Mirror, 10/4/2002; O'Neill and McGrory, 2006, pp. 232-233]
bullet He has no large pieces of luggage for a supposed holiday trip. [O'Neill and McGrory, 2006, pp. 232-233]
bullet The small amount of luggage he does have contains two magazines, a radio, a cassette player and five Arabic cassettes, including two of verses from the Koran. [Mirror, 10/4/2002]
Ten days before, the US Federal Aviation Administration (FAA) had issued a warning that radicals might try to smuggle weapons or explosives onto a plane in their shoes, but Reid’s boots, which contain explosives, are never searched. There are holes drilled in the boots and even a casual examination of them would make staff suspicious. After missing the plane because of the checks, Reid re-books for the next day. He then e-mails his al-Qaeda contacts, who tell him to proceed as soon as possible. [O'Neill and McGrory, 2006, pp. 232-233] According to an FAA source, this incident should lead to a warning in the FAA computer system saying that Reid should be detained if he again attempts to board the flight. The warning would ensure that Reid is questioned the next day and prevented from boarding. However, no such warning is issued. [Daily Mail, 12/24/2001] Reid returns the next day and is allowed onto the plane, but fails to blow it up (see December 22, 2001).

Entity Tags: Richard C. Reid

Timeline Tags: Complete 911 Timeline

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. [Associated Press, 8/19/2002] Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” [O'Neill and McGrory, 2006, pp. 215-217, 236] The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. [CBS News, 10/4/2002] He may have ties to Pakistan. [Washington Post, 3/31/2002] It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). [CNN, 1/30/2003] It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Mohammed Saad Iqbal Madni.Mohammed Saad Iqbal Madni. [Source: Public domain]The CIA sends a request to Indonesia to arrest suspected 24-year old al-Qaeda operative Mohammed Saad Iqbal Madni and extradite him to Egypt. The CIA found his name in al-Qaeda documents obtained in Afghanistan. The agency believes that Iqbal, a Pakistani, worked with Richard Reid (see December 22, 2001), the Briton charged with attempting to blow up an American Airlines flight from Paris to Miami on December 22 with explosives in his shoes. A few days later, the Egyptian government sends Jakarta a formal request to extradite Madni in connection with terrorism, providing Indonesian authorities with a convenient cover for complying with the CIA request. On January 9, Iqbal is detained in Jakarta by Indonesia’s State Intelligence Agency at the insistence of the CIA. He is flown to Egypt two days later (see January 11, 2002). [Washington Post, 3/11/2002]

Entity Tags: Central Intelligence Agency, Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Ali Gilani.Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Al-Fuqra, Jaish-e-Mohammed, Daniel Pearl, Ali Gilani, Saeed Sheikh, Richard C. Reid, Al-Qaeda

Timeline Tags: Complete 911 Timeline

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

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

The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed, Shafiq Rasul, Asif Iqbal

Timeline Tags: Torture of US Captives

Prisoners being flown to Guantanamo.Prisoners being flown to Guantanamo. [Source: Public domain]Beginning in January 2002, when the US-controlled Guantanamo prison opens in Cuba, until at least 2005, over 700 suspects are secretly flown by the CIA to Guantanamo over the territories of European countries. Most prisoners come from Afghanistan or other places in the Middle East and change planes at the Incirlik US military airbase in Turkey. Then they fly over Greek, Italian, and Portuguese airspace. About 170 other prisoners fly over or land in Spain. The first flight apparently takes place on January 14, and carries three British citizens known as the “Tipton Three” as well as others (see January 13, 2002). In 2007, the Council of Europe, Europe’s leading watchdog on human rights, will claim that European countries had breached the international Convention against Torture (see October 21, 1994) by giving the US secret permission to use its airspace. Moazzam Begg, a British prisoner at Guantanamo until 2005, will later recall his flight to Guantanamo. “Inside the plane there was a chain around our waist, and it connected to cuffs around my wrists, which were tied in the back, and to my ankles. We were seated but it was so painful not being able to speak, to hear, to breathe properly, to look, to turn left or right, to move your hands, stretch your legs, or anything.” [London Times, 11/25/2007] All the member countries of NATO signed a secret agreement in late 2001 allowing blanket overflight clearances for any flight relating to terrorism (see October 4, 2001).

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In January 2002, the Observer reports that Anas al-Liby, one of al-Qaeda’s top leaders, has been recently captured in Afghanistan. Al-Liby is considered one of bin Laden’s computer experts, and a long-time member of al-Qaeda’s ruling council. [Observer, 1/20/2002] In early March 2002, the London Times mentions al-Liby’s capture as an established fact. [London Times, 3/11/2002] Then, in late March 2002, the London Times and the Washington Post report that al-Liby has been recently captured in Sudan. Anonymous CIA sources and anonymous “senior administration officials” claim that al-Liby has been captured, but the Sudanese and US governments officially deny the arrest. The London Times says the arrest “has been kept a closely guarded secret.” Some senior officials who told the Post al-Liby had been arrested later change their account and say it was someone with a similar name. [London Times, 3/17/2002; Washington Post, 3/19/2002; Washington Post, 3/20/2002] Al-Liby remains on the FBI’s most wanted list, with a $25 million reward on his name. It will later be lowered to $5 million. [London Times, 5/8/2005] Al-Liby appears to have collaborated with British intelligence to kill Libyan leader Colonel Mu’ammar al-Qadhafi in 1996 and was allowed to openly live in Britain until 2000 (see Late 1995-May 2000; 1996). In 2003, it will be reported that al-Liby was captured in Sudan and then secretly deported to Egypt, where he is wanted for an attempted assassination of Egyptian President Hosni Mubarak (see (Late 1995)). [Scotland on Sunday, 10/26/2003] In 2007, human rights groups will list al-Liby as a possible ghost prisoner still held by the US (see June 7, 2007).

Entity Tags: Anas al-Liby

Timeline Tags: Complete 911 Timeline

David Addington, the chief counsel for Vice President Cheney, writes that the Geneva Conventions’ “strict limits on questioning of enemy prisoners” cripple US efforts “to quickly obtain information from captured terrorists” (see January 18-25, 2002). Cheney is now grappling with the fundamental concept of how much pain and suffering US personnel can inflict on an enemy to make him divulge information. Addington worries that US personnel, including perhaps even Cheney, might someday face criminal charges of torture and abuse of prisoners. Geneva forbids not only torture but the use of “violence,” “cruel treatment” or “humiliating and degrading treatment” against a detainee “at any time and in any place whatsoever.” Such actions constitute felonies under the 1996 War Crimes Act. Addington decides that the best defense for any such charge will combine a broad presidential directive mandating general humane treatment for detainees, and an assertion of unrestricted authority to make exceptions. Bush will issue such a directive, which uses Addington’s words verbatim, two weeks later (see February 7, 2002). [Washington Post, 6/25/2007]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, Geneva Conventions

Timeline Tags: Civil Liberties

The Defense Intelligence Agency issues a four-page Defense Intelligence Terrorism Summary (DITSUM No. 044-02) stating that it is probable that prisoner Ibn al-Shaykh al-Libi intentionally misled debriefers when he claimed Iraq was supporting al-Qaeda in working with illicit weapons. During interviews with al-Libi, the DIA noted the Libyan al-Qaeda operative could not name any Iraqis involved, any chemical or biological material used, or where the alleged training took place. “It is possible he does not know any further details; it is more likely this individual is intentionally misleading the debriefers,” the report says. “Ibn al-Shaykh has been undergoing debriefs for several weeks and may be describing scenarios to the debriefers that he knows will retain their interest.” The DIA report is presumably circulated widely within the government, and is available to the CIA, the White House, the Pentagon, the National Security Council, and other agencies.
No Evidence of Connections between Iraq, al-Qaeda - On the general subject of Iraq’s alleged ties to al-Qaeda, the DIA report notes: “Saddam [Hussein]‘s regime is intensely secular and is wary of Islamic revolutionary movements. Moreover, Baghdad is unlikely to provide assistance to a group it cannot control.” The report also questions the reliability of information provided by high-value al-Qaeda detainees being held in secret CIA facilities or who have been “rendered” to foreign countries where they are believed to undergo harsh interrogation tactics.
Using al-Libi's Information to Bolster Case for War - Information supplied by al-Libi will be the basis for a claim included in an October 2002 speech (see October 7, 2002) by President Bush, in which he states, “[W]e’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases.” Intelligence provided by al-Libi will also be included in Colin Powell’s February speech (see February 5, 2003) to the UN. In that speech, Powell will cite “the story of a senior terrorist operative telling how Iraq provided training in these weapons to al-Qaeda.” [New York Times, 11/6/2005; Washington Post, 11/6/2005; Los Angeles Times, 11/7/2005; Newsweek, 11/10/2005]
Report Released as Proof of Administration's Reliance on Poor Intelligence Sources - Declassified portions of the DIA report will be issued on November 6, 2005 by two senators, Carl Levin (D-MI) and John D. Rockefeller (D-WV). Rockefeller will tell CNN that al-Libi is “an entirely unreliable individual upon whom the White House was placing a substantial intelligence trust.” The situation was, Rockefeller will say, “a classic example of a lack of accountability to the American people.” [Los Angeles Times, 11/7/2005]

Entity Tags: Ibn al-Shaykh al-Libi, US Department of Defense, National Security Council, George W. Bush, Saddam Hussein, Colin Powell, Al-Qaeda, Defense Intelligence Agency, Bush administration (43), John D. Rockefeller, Carl Levin, Central Intelligence Agency

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

Hassan Ali bin Attash.Hassan Ali bin Attash. [Source: US Defense Department]Pakistani forces raid a safe house in Karachi, Pakistan, and arrest 17 suspected al-Qaeda operatives. All 17 will eventually be sent to the US-run Guantanamo prison in Cuba.
Abu Bara al-Taizi - One of them is Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), who attended the al-Qaeda summit in Malaysia in 2000 (see January 5-8, 2000) and was to be a hijacker for an Asian portion of the 9/11 attacks that never materialized. Al-Taizi will be handed to the US on February 27, and then transferred to Guantanamo a few months later.
Abdu Ali Sharqawi - The safe house is run by Abdul Rahim al-Sharqawi, a Yemeni commonly known as Riyadh the Facilitator. He is arrested as well, but he will not be handed to the US and then sent to Guantanamo until September 2004. [US Department of Defense, 7/7/2008; US Department of Defense, 10/25/2008] Another Guantanamo prisoner, Hassan Ali bin Attash, will later say that he and al-Sharqawi were held in a Jordanian prison for over a year. That would explain most of the time between al-Sharqawi’s arrest and his transfer to Guantanamo. [US Department of Defense, 6/25/2008] The New York Times will later identify al-Sharqawi as one of the four most important al-Qaeda leaders captured in the first year after 9/11. [New York Times, 9/10/2002]
Al-Sharqawi's Al-Qaeda Activity - According to al-Sharqawi’s Guantanamo file, he joined al-Qaeda after fighting in Bosnia in 1995 and was closely linked to many al-Qaeda leaders. For a time, he even took part in weekly planning meetings with Osama bin Laden and others. In the summer of 2001, he began running the safe house in Karachi. His file says that he photo-identifies 11 of the 9/11 hijackers and provides varying amounts of information on each of them. He estimates that he helped over 100 al-Qaeda operatives leave Pakistan in the post-9/11 crackdown before his safe house was shut down. 9/11 mastermind Khalid Shaikh Mohammed and hijacker associate Ramzi bin al-Shibh passed through his safe house in January 2002, a few weeks before the safe house is raided. As of late 2008, al-Sharqawi, al-Taizi, and nine others captured in the raid remain imprisoned in Guantanamo, while six others have been transferred out. [US Department of Defense, 7/7/2008; US Department of Defense, 10/25/2008] Most of the above is based on Guantanamo files leaked to the public in 2011 by the non-profit whistleblower group WikiLeaks. There are many doubts about the reliability of the information in the files (see April 24, 2011).
Neighbor's Tip Led to Raid - The safe house was discovered because the Pakistani Army asked the public for leads on the movements of suspicious foreigners. Apparently one or more neighbors pointed out the safe house (see Late 2001).

Entity Tags: Osama bin Laden, Khalid Shaikh Mohammed, Al-Qaeda, Abu Bara al-Taizi, Abdul Rahim al-Sharqawi, Hassan Ali bin Attash, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The US negotiates “status of force” agreements with several foreign governments allowing the US to set up CIA-run interrogation facilities and granting immunity to US personnel and private contractors. The facilities were authorized by a recent secret presidential directive (see After February 7, 2002). [Newsweek, 5/24/2004] The CIA-run centers are kept completely under wraps. Prisoners are secretly held in custody and hidden from International Human rights organizations. In these facilities, there will be several incidents of abuse, torture, and murder. [International Committee of the Red Cross, 2/24/2004 pdf file; Washington Post, 5/11/2004; New York Times, 5/13/2004] These secret detentions centers will be operated in several locations around the world including:
Afghanistan - Asadabad, Kabul, Jalalabad, Gardez, Khost, Bagram, Kabul (known as “the Pit”). [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Pakistan - Kohat (near the border of Afghanistan), Alizai. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Britain - Diego Garcia (British Possession in the Indian Ocean). [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Jordan - Al Jafr Prison. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
United States naval ships at sea - The USS Bataan and the USS Peleliu. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Thailand - Inside an unknown US military base, which is the first to become operational in March 2002 (see March 2002). [ABC News, 12/5/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

ABC News will later report that the first CIA secret prison is established in Thailand at this time to house Abu Zubaida, the first important al-Qaeda target who is captured at this time (see March 28, 2002). President Bush had recently authorized the creation of CIA prisons (see After February 7, 2002). After being captured in Pakistan and treated for gunshot wounds, Zubaida is flown to Thailand around the middle of April 2002 and housed in a small warehouse inside a US military base. He is waterboarded and interrogated (Mid-May 2002 and After). Later other secret prisons will open in other countries, such as Poland and Romania. [ABC News, 12/5/2005] This prison in Thailand apparently will close some time in 2003. [Washington Post, 11/2/2005] Some reports place the secret prison at the Voice of America relay station near the north-eastern Thai city of Udon Thani close to the border of Laos, but this is unconfirmed. [Sydney Morning Herald, 11/5/2005]

Entity Tags: Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. [ABC News, 11/18/2005]
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. [New York Times, 11/9/2005]
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. [Harper's, 12/15/2007] “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. [ABC News, 11/18/2005]
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). [New York Times, 11/9/2005] Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” [ABC News, 11/18/2005]

Entity Tags: John Sifton, John Helgerson, Abu Zubaida, ABC News, Central Intelligence Agency, Robert Baer

Timeline Tags: Torture of US Captives, Civil Liberties

The house in Faisalabad, Pakistan, where Abu Zubaida is arrested.The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 pdf file]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Council, Donald Rumsfeld, Lashkar-e-Toiba, Central Intelligence Agency, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. [Newsweek, 12/11/2007] A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. [Posner, 2003, pp. 188-190]

Entity Tags: Central Intelligence Agency, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. [Vanity Fair, 7/17/2007] Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

Entity Tags: R. Scott Shumate, Counterterrorist Center, Abu Zubaida, Central Intelligence Agency, James Elmer Mitchell

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Guantanamo now holds about 300 prisoners, indicating that the number of detainees has grown at an average rate of 75 persons per month since January 11 (see January 11, 2002). [American Forces Press Service, 1/14/2003]

Timeline Tags: Torture of US Captives

Abu Zubaida.Abu Zubaida. [Source: New York Times]The CIA begins interrogating captured al-Qaeda leader Abu Zubaida (see March 28, 2002), using some aggressive techniques that are commonly considered to be torture. Zubaida was initially interrogated by the FBI using traditional rapport-building techniques, and many believe the FBI was obtaining valuable information (see Late March through Early June, 2002). But he is being held at a secret CIA prison in Thailand (see March 2002), and soon a new CIA team comes in and takes over (see Mid-April 2002). This team, led by controversial psychologist James Elmer Mitchell, uses such extreme methods that the FBI completely withdraws its personnel (see Mid-April-May 2002), and even some CIA personnel leave in disgust (see Between Mid-April and Mid-May 2002). By mid-May, Mitchell’s detractors are gone and the gunshot wounds Zubaida sustained during his capture have stabilized, so Mitchell begins applying even more aggressive interrogation techniques. [Posner, 2003, pp. 186, 191; Suskind, 2006, pp. 110-115] According to one psychologist involved in Zubaida’s interrogation, Mitchell argues that Zubaida needs to be reduced to a state of “learned helplessness.” Reserve Air Force Colonel Steve Kleinman, an experienced interrogator very familiar with Mitchell, will later say that “learned helplessness was his whole paradigm.… It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the KGB model. But the KGB used it to get people who had turned against the state to confess falsely. The KGB wasn’t after intelligence.” [New Yorker, 8/6/2007] Journalist Ron Suskind will later claim: “According to CIA sources, [Zubaida] was waterboarded, a technique in which a captive’s face is covered with a towel as water is poured atop, creating the sensation of drowning. He was beaten, though not in a way to worsen his injuries. He was repeatedly threatened, and made certain of his impending death. His medication was withheld. He was bombarded with deafening, continuous noise and harsh lights.” [Suskind, 2006, pp. 115] The New York Times will later claim: “At times, Mr. Zubaida, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaida seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers.” [New York Times, 9/10/2006] Zubaida will reportedly later tell the Red Cross that he was also kept for a prolonged period in a cage, known as a “dog box,” so small that he unable to stand. [New Yorker, 8/6/2007] The CIA will claim that these aggressive methods are very effective, and soon it will begin using them on many other detainees. But others will later suggest that Zubaida gave up far less valuable information under torture than he did with the FBI’s rapport-building techniques (see June 2002). The legal authority to conduct these types of interrogations is unclear. The CIA is being advised by Michael Chertoff at the Justice Department, but there will be no formal legal opinion permitting the techniques until August 2002. [New York Times, 9/10/2006]

Entity Tags: Central Intelligence Agency, James Elmer Mitchell, Abu Zubaida, Steve Kleinman

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Omar al-Faruq.Omar al-Faruq. [Source: Getty Images]On June 5, 2002, Omar al-Faruq, a top al-Qaeda senior operative in Southeast Asia, is captured in the town of Bogor, Indonesia, by Indonesian agents after receiving a tip from the CIA. Curiously, later in the year, A.C. Manulang, the recently retired head of the Indonesian intelligence agency, will suggest that al-Faruq was actually a CIA mole assigned to infiltrate Islamic radical groups. Manulang will claim that the bombings that took place in Indonesia were actually the work of anti-Islamic intelligence agencies. [Tempo, 9/19/2002] In any case, al-Faruq is flown to the CIA interrogation center at Bagram Air Base in Afghanistan where is subjected to months of intense interrogations. “It is likely, experts say, that… al-Faruq [was] left naked most of the time, his hands and feet bound. [He] may also have been hooked up to sensors, then asked questions to which interrogators knew the answers, so they could gauge his truthfulness,” the New York Times will later report. One Western intelligence official will tell the newspaper that al-Faruq’s interrogation was “not quite torture, but about as close as you can get.” For three months he is provided with very little food, subjected to sleep and light deprivation, prolonged isolation and temperatures ranging from 100 degrees to 10 degrees. On September 9, 2002, he reportedly breaks down and begins freely confessing all he knows (see September-October 2002). He provides information about “plans to drive explosives-laden trucks into American diplomatic centers [and] detailed information about people involved in those operations and other plots, writing out lengthy descriptions.” [New York Times, 3/9/2003]

Entity Tags: Omar al-Faruq

Timeline Tags: Torture of US Captives, Complete 911 Timeline

An al-Qaeda trainer named Abu Zubair al-Haili is captured in Morocco. A Saudi known as “the Bear” since he weighs over 300 pounds, he is said to have run training camps in Afghanistan and is believed to be head of al-Qaeda’s operations in North Africa. He is also thought to be one of al-Qaeda’s top 25 leaders. He had allegedly been working on a plot to bomb US and British naval ships in the Strait of Gibraltar between Morocco and Spain. Seven other Saudis are arrested in Morocco in connection with the plot. One US official says al-Haili has “a wealth of information,” including details about al-Qaeda cells around the world. A senior Moroccan official says he was found based on a CIA tip that allegedly came from a detainee being held at the Guantanamo prison. [CNN, 6/18/2002; MSNBC, 6/22/2005] What happens to him after his arrest remains unknown. ABC News soon reports that the US is in no hurry to take custody of him because the Moroccans “can use much more persuasive methods in questioning a suspect”—presumably a reference to torture. [BBC, 6/19/2002] On September 9, 2002, USA Today will report that he is still being held in Morocco. [USA Today, 9/9/2002] On September 15, 2002, The Independent will report that he is in US custody. [Independent, 9/15/2002]

Entity Tags: Abu Zubair al-Haili

Timeline Tags: Complete 911 Timeline

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Complete 911 Timeline

A CIA officer applies pressure to a detainee’s carotid artery during an interrogation, almost causing him to lose consciousness. The “pressure point” technique is applied a total of three times on the detainee. During the applications, a fellow officer sits opposite the detainee and indicates to the first officer to stop when the detainee starts to pass out. The first officer will later acknowledge to the CIA’s inspector general that “he laid hands on the detainee and may have made him think he was going to lose consciousness.” The use of such pressure points is not an authorized technique at the CIA. [Central Intelligence Agency, 5/7/2004, pp. 69-70 pdf file] In 2004, an internal CIA report will document such “pressure point” techniques in its examination of torture allegations (see May 7, 2004).

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Condoleezza Rice, George J. Tenet, Office of Legal Counsel (DOJ), US Department of Justice, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Former residents of the island of Diego Garcia request permission from the Bush administration to visit their former homeland. They were forcibly relocated from their homes between 1971 and 1973 (see July 27, 1971-May 26, 1973) to make way for a US base. In response, the Bush administration says in a letter: “Because of the vital role the facility plays in the global war on terrorism, British authorities have denied permission to visit Diego Garcia. We concur and support the decision.” [CNN, 6/18/2003]

Entity Tags: Chagossians, Bush administration (43)

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

The district court at Norfolk finds that the Mobbs declaration (see July 25, 2002) “falls far short” of providing a basis for the continuing detention of “enemy combatant” Yaser Esam Hamdi without due process of law. “If the Court were to accept the Mobbs Declaration as sufficient justification for detaining Hamdi…, this Court would be acting as little more than a rubber stamp,” judge Robert Doumar writes in his ruling. He again orders the government to produce additional evidence, including copies of Hamdi’s statements, notes by his interrogators, statements by members of the Northern Alliance and relevant names, dates, and locations. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file; Washington Post, 1/9/2003] Doumar says the government’s arguments lead “to more questions than answers.” For example:
bullet The Mobbs Declaration does not say what authority Mobbs has, as “Special Advisor” to the Undersecretary of Defense for Policy, to determine the classification of a detainee. He says that during the August 13 hearing (see August 13, 2002), the government’s attorney was unable to do so. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet The government has provided no reason “for Hamdi to be in solitary confinement, incommunicado for over four months and being held some eight-to-ten months without any charges of any kind.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet Though it is claimed that Hamdi was “affiliated with a Taliban military unit and received weapons training,” the declaration makes no attempt to explain the nature of this “affiliation” or why the “affiliation” warrants the classification of Hamdi as an enemy combatant. Furthermore, the declaration “never claims that Hamdi was fighting for the Taliban, nor that he was a member of the Taliban.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet Assertions in the document concerning statements made by Hamdi appear to be paraphrased. Hamdi’s actual statements are not provided. “Due to the ease with which such statements may be taken out of context, the Court is understandably suspicious of the Respondent’s assertions regarding statements that Hamdi is alleged to have made,” the court ruling says. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]

Entity Tags: Yaser Esam Hamdi, Robert G. Doumar

Timeline Tags: Torture of US Captives

As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan

Timeline Tags: Civil Liberties

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. [New York Times, 9/10/2002] The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). [New York Times, 9/10/2002]
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). [New York Times, 9/10/2002]
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). [New York Times, 9/10/2002]
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. [New York Times, 9/10/2002] This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Entity Tags: Mushin Musa Matwalli Atwah, Muhammad Salah, Mohammed Atef, Mustafa Ahmed al-Hawsawi, Suliman abu Ghaith, Saif al-Adel, Saad bin Laden, Usama al-Kini, Midhat Mursi, Mahfouz Walad Al-Walid, Osama bin Laden, Ibn al-Shaykh al-Libi, Abu Jaffa, Abdullah Ahmed Abdullah, Abdul Rahim al-Sharqawi, Abu Salah al-Yemeni, Abu Zubaida, Abu Zubair al-Haili, Anas al-Liby, Fazul Abdullah Mohammed, Ayman al-Zawahiri, Khalid Shaikh Mohammed, Amin ul-Haq, Al-Qaeda

Timeline Tags: Complete 911 Timeline

US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002). But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. [BBC, 1/3/2005; Boston Globe, 3/2/2005] However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).

Entity Tags: Megawati Sukarnoputri, Fred Burks, Central Intelligence Agency, Abu Bakar Bashir, Hamzah Haz, Karen Brooks, Mohammed Saad Iqbal Madni, Omar al-Faruq, Jemaah Islamiyah, Ralph Boyce

Timeline Tags: Complete 911 Timeline

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

Entity Tags: Robert Fuller, Federal Bureau of Investigation, Maher Arar, Walter Ruiz, Omar Khadr, William Kuebler

Timeline Tags: Torture of US Captives

At 3 o’clock in the morning, Maher Arar is woken up in his cell in New York and taken to another room where he is stripped, searched, shackled, and chained. Two officials read him a decision by the director of the INS, saying that he will be deported to Syria and, as Arar recalls it, “that INS was not the body that deals with Geneva Convention regarding torture.” There is no such convention, but this is probably a reference to the Convention Against Torture (CAT—see October 21, 1994). However, Article 3 of the CAT states: “No State Party shall expel… a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In addition, the US immigration law cited to justify Arar’s deportation prohibits sending individuals to a country where “it is more likely than not that they will be tortured.” A Justice Department spokesman nevertheless maintains that “the removal of Mr. Arar was accomplished after interagency consultation and in full compliance with the law and with all relevant international treaties and conventions.” [Washington Post, 11/19/2003] On that early morning of October 8, Arar is put on a small jet. After a landing in Washington, a “special removal unit,” a term Arar overheard, boards the plane and is at this point in custody of the CIA. [Washington Post, 11/12/2003; Washington Post, 5/11/2004] “They said Syria was refusing to take me directly,” Arar will later recall, “and I would have to fly to Jordan.” Torture is again his prime thought. “At that time I was thinking of what would happen once I arrived in Syria and how am I to avoid torture.” Via Portland, Maine, and Rome, the jet lands in Amman, Jordan, where six or seven Jordanians are waiting for him. Without a word being spoken Arar is handed over. Blindfolded and chained, he is put in a van, and “right away,… they started beating me,” Arar recalls. Half an hour later inside a building, he is subjected to more questioning. [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

The day following Maher Arar’s handover by the CIA to Jordanian authorities (see October 8, 2002), the overland journey to Syria resumes in various cars and again Arar is beaten. In the evening, Arar arrives at the so-called “Palestinian branch” of Syrian military intelligence. Interrogation begins. “I was very, very scared,” Arar will later recall. There is a metal chair in the corner, and each time Arar does not answer quickly enough, a Syrian colonel points at the chair and asks, “Do you want me to use this?” Arar later learns it is used for torture. Four hours later, he is taken to a cell in the basement. “It was like a grave,” Arar says. “It had no light. It was three feet wide. It was six feet deep. It was seven feet high.… There was a small opening in the ceiling, about one foot by two feet with iron bars. Over that was another ceiling, so only a little light came through this. There were cats and rats up there, and from time to time the cats peed through the opening into the cell. There were two blankets, two dishes, and two bottles. One bottle was for water and the other one was used for urinating during the night. Nothing else. No light. I spent ten months and ten days inside that grave.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. [New York Times, 10/13/2002; New York Times, 10/14/2002; BBC, 2/19/2003] Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). [Chicago Tribune, 12/7/2003] Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. [New York Times, 9/19/2003; New York Times, 10/3/2003] JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

Entity Tags: Ali Gufron, Azhari Husin, Dulmatin, Amrozi bin Nurhasyim, Imam Samudra, Ali Imron, Hambali, Noordin Mohammed Top, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. [Central Intelligence Agency, 5/7/2004, pp. 15, 40 pdf file]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]

Entity Tags: Office of the Inspector General (CIA), “Paul P.”, Central Intelligence Agency, Matthew Zirbel

Timeline Tags: Torture of US Captives

2003: CIA Prison in Thailand Closed

A CIA prison in Thailand closes at some time this year. [Washington Post, 11/2/2005] The prison’s location is not known with certainty, although a Vietnam War-era base at Udron was used by the agency for counterterrorist purposes around this time. [Weiner, 2007, pp. 297] The prison was built in March 2002 (see March 2002) and the best-known high-value detainee previously held there was militant training camp facilitator Abu Zubaida (see April - June 2002 and Mid-April-May 2002).

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. [Central Intelligence Agency, 5/7/2004, pp. 2 pdf file] The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

Entity Tags: John Helgerson, Office of the Inspector General (CIA), Central Intelligence Agency

Timeline Tags: Torture of US Captives

The alleged location of Camp Justice on the island of Diego Garcia.The alleged location of Camp Justice on the island of Diego Garcia. [Source: Public domain]The British Parliamentary Under Secretary of State for the Foreign and Commonwealth Office, Baroness Valerie Anne Amos, declares there are no prisoners at the US naval base on the island of Diego Garcia. [United Kingdom, 1/8/2003; United Kingdom, 3/3/2003] The island of Diego Garcia in the Indian Ocean was leased to the US in 1966 for an initial period of 50 years (see December 30, 1966). It now accommodates a US naval base (see June 5, 1975) employing approximately 1,700 military personnel and 2,000 civilian contractors. No one is allowed on the island except for military business. [First, 6/2004 pdf file; Diego Garcia, 1/5/2005] However, it has been reported several times in the press that detainees are being held at a CIA interrogation center on the island named “Camp Justice.” Pentagon officials have denied the existence of a CIA interrogation center on the island and the CIA has refused to respond to inquiries about its alleged existence. [Washington Post, 12/26/2002; First, 6/2004 pdf file; Washington Post, 12/17/2004; Washington Post, 1/2/2005]

Entity Tags: Valerie Anne Amos

Timeline Tags: Torture of US Captives, US-Britain-Diego Garcia (1770-2004)

Richard Reid is sentenced to 80 years in prison and fined over $2,000,000 for his attempt to blow up a transatlantic airliner with explosives hidden in his shoe (see December 22, 2001). During the sentencing, Reid plays to the gallery in the court, declaring himself a “soldier of Islam,” admitting allegiance to Osama bin Laden, and accusing the US of killing millions in Iraq. This leads to a confrontation with the judge and a row in the court, and Reid has to be wrestled out of the courtroom. Authors Sean O’Neill and Daniel McGrory will comment, “it is not clear how the judge thought the penniless Reid would ever pay [the fine].” Reid had previously pleaded guilty, meaning that the sentencing was not preceded by a trial, and details of the plot remain unknown. [CNN, 1/31/2003; O'Neill and McGrory, 2006, pp. 234]

Entity Tags: Richard C. Reid

Timeline Tags: Complete 911 Timeline

Jay Bybee, the head of the Office of Legal Counsel (OLC) and the signatory on a number of memos authorizing torture and expanded presidential powers (see March 13, 2002 and August 1, 2002), is confirmed by the Senate to become a federal appeals court judge. The Senate Judiciary Committee scheduled Bybee’s confirmation hearing for the same day that Secretary of State Colin Powell was slated to give his presentation to the UN on Iraq’s weapons of mass destruction (see February 5, 2003); most of the committee’s Democrats choose to watch Powell’s presentation, thus only friendly Republican Senators are in the hearing. Bybee is confirmed easily. [Savage, 2007, pp. 182]

Entity Tags: Senate Judiciary Committee, Jay S. Bybee, Colin Powell, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

A photo taken during KSM’s alleged arrest in Pakistan.A photo taken during KSM’s alleged arrest in Pakistan. [Source: Associated Press]Khalid Shaikh Mohammed (KSM) is reportedly arrested in Rawalpindi, Pakistan. [Associated Press, 3/1/2003] Officials claim that he is arrested in a late-night joint Pakistani and FBI raid, in which they also arrest Mustafa Ahmed al-Hawsawi, the purported main financer of the 9/11 attacks. [MSNBC, 3/3/2003] An insider informant allegedly tips off authorities to KSM’s location, and is given the $25 million reward money for his capture (see Shortly Before February 29 or March 1, 2003). However, some journalists immediately cast serious doubts about this arrest. For instance, MSNBC reports, “Some analysts questioned whether Mohammed was actually arrested Saturday, speculating that he may have been held for some time and that the news was made public when it was in the interests of the United States and Pakistan.” [MSNBC, 3/3/2003] There are numerous problems surrounding the US-alleged arrest of KSM:
bullet Witnesses say KSM is not present when the raid occurs. [Associated Press, 3/2/2003; Associated Press, 3/2/2003; Australian Broadcasting Corporation, 3/2/2003; Guardian, 3/3/2003; New York Times, 3/3/2003]
bullet There are differing accounts about which house he is arrested in. [Associated Press, 3/1/2003; Los Angeles Times, 3/2/2003; Los Angeles Times, 3/3/2003]
bullet There are differing accounts about where he was before the arrest and how authorities found him. [Time, 3/1/2003; Washington Post, 3/2/2003; Washington Post, 3/2/2003; New York Times, 3/3/2003; New York Times, 3/4/2003]
bullet Some accounts have him sleeping when the arrest occurs and some don’t. [Los Angeles Times, 3/2/2003; Reuters, 3/2/2003; New York Times, 3/3/2003; Daily Telegraph, 3/4/2003]
bullet Accounts differ on who arrests him—Pakistanis, Americans, or both. [CNN, 3/2/2003; Los Angeles Times, 3/2/2003; New York Times, 3/2/2003; Daily Telegraph, 3/3/2003; London Times, 3/3/2003; Associated Press, 3/3/2003]
bullet There are previously published accounts that KSM may have been killed in September 2002 (see September 11, 2002).
bullet There are accounts that he was captured in June 2002 (see June 16, 2002).
These are just some of the difficulties with the arrest story. There are so many problems with it that one Guardian reporter says, “The story appears to be almost entirely fictional.” [Guardian, 3/6/2003]
Account by 9/11 Commissioners Conflicts - In addition, 9/11 Commission chairman Tom Kean and vice chairman Lee Hamilton will write in a 2006 book that the arrest is made in an apartment in Karachi and carried out by a joint CIA, FBI, and Pakistani team (see Early 2003).
Account by Musharraf Also Conflicts - Also in 2006, Pakistani President Pervez Musharraf will publish a memoir in which he claims that KSM was arrested on February 29, 2003 (instead of the widely cited March 1, 2003), and held by Pakistani forces for three days, “during which time we interrogated him fully. Once we were done with him and had all the information we wanted, we handed him over to the United States government.” [Musharraf, 2006, pp. 193]

Entity Tags: Thomas Kean, Federal Bureau of Investigation, Khalid Shaikh Mohammed, Lee Hamilton, Mustafa Ahmed al-Hawsawi, Pervez Musharraf

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

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” [New York Review of Books, 3/15/2009]
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. [New Yorker, 8/6/2007; MSNBC, 9/13/2007] On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” [New York Review of Books, 3/15/2009] However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.

Entity Tags: International Committee of the Red Cross, Khalid Shaikh Mohammed, Central Intelligence Agency

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

An unnamed US law enforcement official tells the Wall Street Journal, “[B]ecause the [Convention Against Torture—see October 21, 1994] has no enforcement mechanism, as a practical matter, ‘you’re only limited by your imagination.’” A detainee “isn’t going to be near a place where he has Miranda rights or the equivalent of them,” the official says. “God only knows what they’re going to do to him. You go to some other country that’ll let us pistol whip this guy.” [Wall Street Journal, 3/4/2003; Human Rights Watch, 5/7/2004]

Entity Tags: Convention Against Torture

Timeline Tags: Torture of US Captives

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]

Entity Tags: Donald Rumsfeld, Douglas Feith, Paul Wolfowitz, Richard B. Myers, William J. Haynes, Ricardo S. Sanchez, Daniel J. Dell’Orto, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

One of a group of 25 al-Qaeda members captured in Pakistan, Tawfiq bin Attash (see April 29, 2003), is taken into US custody and sent to a CIA-run detention facility in Afghanistan. Years later, after being transferred to Guantanamo, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006), who will identify him as “Walid bin Attash” in their documents.
'Forced Standing' - Bin Attash will recall his introduction to detention in Afghanistan as follows: “On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks. I was put in a cell measuring approximately [3 1/2 by 6 1/2 feet]. I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural. During the first two weeks I did not receive any food. I was only given Ensure [a liquid nutritional supplement] and water to drink. A guard would come and hold the bottle for me while I drank.… The toilet consisted of a bucket in the cell.… I was not allowed to clean myself after using the bucket. Loud music was playing 24 hours each day throughout the three weeks I was there.” Author Mark Danner, writing of the ICRC report in 2009 (see March 15, 2009), will note that the “forced standing” technique. with arms shackled above the head, was a favorite technique of the Soviets, who called it “stoika.” Bin Attash, who had lost a leg fighting in Afghanistan, found the technique particularly painful: “After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists. I shouted for help but at first nobody came. Finally, after about one hour a guard came and my artificial leg was given back to me and I was again placed in the standing position with my hands above my head. After that the interrogators sometimes deliberately removed my artificial leg in order to add extra stress to the position.” He is checked periodically by a doctor. The doctor does not object to the ‘forced standing,’ even though the treatment causes intense pain in bin Attash’s leg; neither does the doctor object to the suspension from shackles, even though the shackles cut and abrade his wrists.
Cold Water, Physical Beatings - Bin Attash will tell ICRC officials that he is “washed down with cold water every day.” Every day he is also subjected to beatings: “Every day for the first two weeks I was subjected to slaps to my face and punches to my body during interrogation. This was done by one interrogator wearing gloves.… Also on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements. Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets.… I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation.”
Moved to Second Facility - It remains unclear where bin Attash is moved to after his initial detention in Afghanistan, but he will tell ICRC officials that his captors there—also Americans—“were rather more sophisticated than in Afghanistan because they had a hose-pipe with which to pour the water over me.” Danner will later note that the methods used to interrogate and torture bin Attash are somewhat more refined than those used on an experimental basis with another al-Qaeda suspect, Abu Zubaida (see April - June 2002). For example, a towel was wrapped around Zubaida’s neck and used to slam him into walls, while bin Attash was given a plastic collar. [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Khallad bin Attash, Al-Qaeda, Abu Zubaida, Mark Danner, Central Intelligence Agency

Timeline Tags: Torture of US Captives

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