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Context of 'June 30, 2006: Law Professor: Supreme Court Ruling Codifies Bush Detention Policy as War Crime'

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Michael Ramirez’s cartoon depicting President Bush being ‘shot’ due to politicization of his State of the Union address.Michael Ramirez’s cartoon depicting President Bush being ‘shot’ due to politicization of his State of the Union address. [Source: Wikimedia]Conservative cartoonist Michael Ramirez publishes a cartoon in the Los Angeles Times depicting a man, labeled “Politics,” pointing a gun at President Bush’s head. The background is labeled “Iraq.” The cartoon is a takeoff on the 1969 award-winning photograph of a Vietnamese general executing a Viet Cong prisoner. Ramirez will later explain, “I thought it was appropriate, because I was drawing a parallel between the politicization of the Vietnam war and the current politicization that’s surrounding the Iraq war related to the Niger uranium story.” He will claim not to be advocating violence against Bush, saying, “In fact, it’s the opposite.” Ramirez will explain that he tried to show the damage Bush suffered through the criticism of his January 2003 State of the Union address, in which he falsely claimed that Iraq had tried to acquire uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003). “President Bush is the target, metaphorically speaking,” Ramirez will explain, “of a political assassination because of 16 words that he uttered in the State of the Union. The image, from the Vietnam era, is a very disturbing image. The political attack on the president, based strictly on sheer political motivations, also is very disturbing.” Two days after the cartoon’s publication, Ramirez is visited by Secret Service agent Peter Damos to ensure he has no violent intent towards Bush, in a visit the Secret Service will characterize as “routine.” Ramirez will note that conservative Internet reporter Matt Drudge reported that he was being investigated by the Secret Service a day before he was visited. Asked if the Secret Service should take the cartoon as a threat to Bush’s safety, Ramirez will respond, “No, I think that this [the Vietnam photo] is a pretty famous image, and I think the use of the metaphor [is justified] especially in light of the fact that it really is a cartoon that favors him and his administration.” [Los Angeles Times, 7/22/2003; New York Press, 11/11/2003]

Entity Tags: Matt Drudge, George W. Bush, Michael Ramirez, Peter Damos, US Secret Service

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

White House deputy chief of staff Karl Rove declares that covert CIA case officer Valerie Plame Wilson, recently outed by conservative columnist Robert Novak (see July 14, 2003), is now “fair game,” presumably for media attacks. Plame Wilson learns of Rove’s declaration when she walks into her den to find her husband Joseph Wilson just getting off the phone. She will later write: “[H]e had a look on his face that I’d never seen before. He said he had just been talking with journalist and Hardball host Chris Matthews [the host of a political discussion show on MSNBC], who had told [Wilson] that he had just spoken with the powerful presidential adviser Karl Rove.” [Wilson, 2007, pp. 147] Wilson himself will later write that Matthews tells him: “I just got off the phone with Karl Rove. He says, and I quote, ‘Wilson’s wife is fair game.‘… I will confirm that if asked.” Wilson will write: “Those are fighting words for any man, and I’d just had them quoted to me.… Rove was legendary for his right-wing zeal and take-no-prisoners operating style. But what he was doing now was tantamount to declaring war on two US citizens, both of them with years of government service.… For a president who promised to restore dignity and honor to the White House, this behavior from a trusted adviser was neither dignified nor honorable. In fact, it was downright dirty and highly unethical even in a town where the politics of personal destruction are the local pastime.” He cannot be sure why he and his wife are being targeted. Surely, he muses, no one believes that his wife sent him on his mission to Niger (see Shortly after February 13, 2002 and February 19, 2002), or that his trip to one of the poorest countries in Africa had been some sort of pleasure jaunt. He realizes that the ultimate target might not be either his wife or himself, but others who may feel impelled to speak out against the administration, a point he makes later in the day to two reporters from Newsday (see July 21, 2003). [Wilson, 2004, pp. 1-5] Wilson will later write: “To make a political point, to defend a political agenda, to blur the truth that one of the president’s own staffers had scripted a lie into the president’s mouth, one of the administration’s most senior officials found it perfectly acceptable to push a story that exposed a national security asset. It was appalling.” [Wilson, 2004, pp. 351]

Entity Tags: Karl C. Rove, Chris Matthews, Bush administration (43), Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

A senior intelligence official confirms that outed CIA officer Valerie Plame Wilson (see July 14, 2003) was not responsible for selecting her husband, former ambassador Joseph Wilson, to go to Niger to determine the truth or falsity of charges that Iraq had sought to buy uranium from there (see Shortly after February 13, 2002 and February 19, 2002). While Plame Wilson worked “alongside” the operations officers who asked her husband to travel to Niger, the official notes, she did not recommend her husband to undertake the Niger assignment. “They [the officers who did ask Wilson to check the uranium story] were aware of who she was married to, which is not surprising,” the official says. “There are people elsewhere in government who are trying to make her look like she was the one who was cooking this up, for some reason. I can’t figure out what it could be.” [Newsday, 7/22/2003]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Representative Porter Goss and Senator Bob Graham co-chair the Congressional Inquiry.Representative Porter Goss and Senator Bob Graham co-chair the Congressional Inquiry. [Source: Ken Lambert/ Associated Press]The 9/11 Congressional Inquiry’s final report comes out. [US Congress, 7/24/2003 pdf file; US Congress, 7/24/2003] Officially, the report was written by the 37 members of the House and Senate Intelligence Committees, but in practice, co-chairmen Bob Graham (D-FL) and Porter Goss (R-FL) exercised “near total control over the panel, forbidding the inquiry’s staff to speak to other lawmakers.” [St. Petersburg Times, 9/29/2002] Both Republican and Democrats in the panel complained how the two co-chairmen withheld information and controlled the process. [Palm Beach Post, 9/21/2002] The report was finished in December 2002 and some findings were released then, but the next seven months were spent in negotiation with the Bush administration over what material had to remain censored. The Inquiry had a very limited mandate, focusing just on the handling of intelligence before 9/11. It also completely ignores or censors out all mentions of intelligence from foreign governments. Thomas Kean, the chairman of 9/11 Commission says the Inquiry’s mandate covered only “one-seventh or one-eighth” of what his newer investigation will hopefully cover. [Washington Post, 7/27/2003] The report blames virtually every government agency for failures:
bullet Newsweek’s main conclusion is: “The investigation turned up no damning single piece of evidence that would have led agents directly to the impending attacks. Still, the report makes it chillingly clear that law-enforcement and intelligence agencies might very well have uncovered the plot had it not been for blown signals, sheer bungling—and a general failure to understand the nature of the threat.” [Newsweek, 7/28/2003]
bullet According to the New York Times, the report also concludes, “the FBI and CIA had known for years that al-Qaeda sought to strike inside the United States, but focused their attention on the possibility of attacks overseas.” [New York Times, 7/26/2003]
bullet CIA Director George Tenet was “either unwilling or unable to marshal the full range of Intelligence Community resources necessary to combat the growing threat.” [Washington Post, 7/25/2003]
bullet US military leaders were “reluctant to use… assets to conduct offensive counterterrorism efforts in Afghanistan” or to “support or participate in CIA operations directed against al-Qaeda.” [Washington Post, 7/25/2003]
bullet “There was no coordinated… strategy to track terrorist funding and close down their financial support networks” and the Treasury Department even showed “reluctance” to do so. [Washington Post, 7/25/2003]
bullet According to the Washington Post, the NSA took “an overly cautious approach to collecting intelligence in the United States and offered ‘insufficient collaboration’ with the FBI’s efforts.” [Washington Post, 7/25/2003] Many sections remain censored, especially an entire chapter detailing possible Saudi support for the 9/11 attackers. The Bush administration insisted on censoring even information that was already in the public domain. [Newsweek, 5/25/2003] The Inquiry attempted to determine “to what extent the president received threat-specific warnings” but received very little information. There was a focus on learning what was in Bush’s briefing on August 6, 2001 (see August 6, 2001), but the White House refused to release this information, citing “executive privilege.” [Washington Post, 7/25/2003; Newsday, 8/7/2003]

Entity Tags: Al-Qaeda, 9/11 Congressional Inquiry, Daniel Robert (“Bob”) Graham, Bush administration (43), Central Intelligence Agency, 9/11 Commission, Saudi Arabia, National Security Agency, Porter J. Goss, Federal Bureau of Investigation, George J. Tenet, Thomas Kean, US Department of the Treasury

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A group of Philippine soldiers mutiny, claiming they are trying to prevent the Philippine government from staging terrorist attacks on its own people. About 300 soldiers, many of them officers, rig a large Manila shopping mall and luxury hotel with explosives, evacuate them, and then threaten to blow up the buildings unless President Gloria Macapagal Arroyo and other top Philippine leaders resign. After a twenty hour siege, the soldiers surrender and no one is hurt. Their leaders are jailed for mutiny. While Arroyo remains in power, other top leaders resign, including the county’s defense minister, police chief, and military intelligence chief. [Guardian, 7/28/2003; Guardian, 8/15/2003] The mutineers had a number of grievances. They complain:
bullet Senior military officials, in collusion with President Arroyo, are secretly behind recent bombings that have been blamed on Muslim militant groups. They specifically claim that a series of bombings in March and April 2002 in the southern city of Davao that killed 38 people were actually false flag operations. (Their allegations could be related to a May 2002 incident in which a US citizen staying in the area was injured when a bomb he was making exploded in his hotel room; see May 16, 2002. The Philippines media suggested that he was a CIA operative taking part in false flag operations.)
bullet The government is selling weapons and ammunition to rebel groups such as Abu Sayyaf even as these groups fight the government. The Guardian will later note that local newspaper reports describe the military’s selling of weapons to rebels as ‘an open secret’ and “common knowledge.” [Guardian, 8/15/2003] Gracia Burnham, an American missionary who was kidnapped in 2001 and held hostage by Abu Sayyaf rebels for more than a year, claims that her captors told her their weapons came from the Philippine government. [Asia Times, 7/29/2003]
bullet Islamic militants are being allowed to escape from jail. Just two weeks before the mutiny, Fathur Rohman al-Ghozi, a bomb maker with the al-Qaeda allied Jemaah Islamiyah group, was inexplicably able to escape from a heavily guarded prison in Manila. There are many dubious circumstances surrounding his escape (see July 14, 2003).
bullet The government is on the verge of staging a new string of bombings to justify declaring martial law so Arroyo can remain in office past the end of her term in 2004.
The Guardian will later note, “Though the soldiers’ tactics were widely condemned in the Philippines, there was widespread recognition in the press, and even inside the military, that their claims ‘were valid and legitimate’…. Days before the mutiny, a coalition of church groups, lawyers, and NGOs launched a ‘fact-finding mission’ to investigate persistent rumors that the state was involved in the Davao explosions. It is also investigating the possible involvement of US intelligence agencies.” [Guardian, 8/15/2003] CNN comments, “While the government issued a statement calling the accusation ‘a lie,’ and saying the soldiers themselves could be victims of propaganda, the soldiers’ accusation plays on the fears of many Filipinos after the infamous 21-year term of President Ferdinand Marcos, during which he did the same thing. Marcos instigated a series of bombings and civil unrest in the late 1960s and early 1970s, using that as an excuse to declare martial law in 1972. It took the People Power Revolt of 1986 to end Marcos’ dictatorship.” [CNN, 7/26/2003]

Entity Tags: Jemaah Islamiyah, Fathur Rohman al-Ghozi, Gloria Macapagal Arroyo, Abu Sayyaf, Gracia Burnham, Philippines

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

Condoleezza Rice being interviewed by Gwen Ifill.Condoleezza Rice being interviewed by Gwen Ifill. [Source: PBS]After CIA Director George Tenet admits that President Bush should never have made the claim that Iraq had tried to purchase uranium from Niger (see 3:09 p.m. July 11, 2003), and Deputy National Security Adviser Stephen Hadley admits the White House also erred in allowing the claim (see July 22, 2003), Hadley’s boss, National Security Adviser Condoleezza Rice, grudgingly admits to her own responsibility in allowing the claim to be made. She tells PBS reporter Gwen Ifill: “What we learned later, and I did not know at the time, and certainly did not know until just before Steve Hadley went out to say what he said last week, was that the director [Tenet] had also sent over to the White House a set of clearance comments that explained why he wanted this out of the speech (see 9:01 pm January 28, 2003). I either didn’t see the memo, or I don’t remember seeing the memo.” When Ifill asks if she feels any “personal failure or responsibility” over allowing the false claim, Rice responds: “Well, I certainly feel personal responsibility for this entire episode. The president of the United States has every right to believe that what he is saying in his speeches is of [sic] the highest confidence of his staff.” On the same day, Rice continues to insist that Iraq had a nuclear weapons program (see July 30, 2003, July 30, 2003, and July 31, 2003). [Wilson, 2004, pp. 352-353]

Entity Tags: Stephen J. Hadley, Bush administration (43), Condoleezza Rice, Gwen Ifill, George W. Bush, George J. Tenet

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

Joseph Wilson, the former US ambassador to Gabon who has played a key part in discrediting the Bush administration’s attempts to claim that Iraq tried to purchase weapons-grade uranium from Niger (see July 6, 2003)), discusses the issue with CNN’s Wolf Blitzer. Wilson affirms that he has always believed Iraq had chemical and biological WMD, but not enough to warrant invading it, and adds that he “disagreed with… the other agendas that were in play that led us to invade, conquer, and now occupy Iraq.” He notes that he accepts the assertions that neither Vice President Dick Cheney, National Security Adviser Condoleezza Rice, nor CIA Director George Tenet were aware of his 2002 mission to Niger at the time he made the trip (see February 21, 2002-March 4, 2002), but adds that he believes Cheney and his staffers, particularly his chief of staff Lewis Libby, “asked essentially that… the agency follow up on the report. So it was a question that went to the CIA briefer from the Office of the Vice President (see (February 13, 2002)). The CIA, at the operational level, made a determination that the best way to answer this serious question was to send somebody out there who knew something about both the uranium business and those Niger officials that were in office at the time these reported documents were executed.” Wilson refuses to comment on his wife Valerie Plame Wilson (see July 14, 2003), particularly her CIA status, but does say that the attacks on both himself and his wife were “clearly designed to keep others from stepping forward. If you recall, there were any number of analysts who were quoted anonymously as saying that the vice president had seemed to pressure them in his many trips out to the CIA (see 2002-Early 2003). I don’t know if that’s true or not, but you can be sure that a GS-14 or 15 with a couple of kids in college, when he sees the allegations that came from senior administration officials about my family are in the public domain, you can be sure that he’s going to be worried about what might happen if he were to step forward.” The people who leaked the information about his wife, Wilson continues, “are libel or vulnerable to investigation under a 1982 law dealing with the identification of American agents.” He is referring to the Intelligence Identities Protection Act (see July 16, 2003). [CNN, 8/3/2003]

Entity Tags: Office of the Vice President, Condoleezza Rice, Bush administration (43), George J. Tenet, Joseph C. Wilson, Intelligence Identities Protection Act, Valerie Plame Wilson, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Wolf Blitzer

Timeline Tags: Niger Uranium and Plame Outing

A Wall Street Journal op-ed claims that President Bush never claimed the Iraqis posed an “imminent threat” with their putative WMD programs, and that former ambassador Joseph Wilson is unfairly “moving the goalposts” by saying that the threat posed by Iraq’s WMD never passed what they call the “imminent threat test.” As far back as September 2001, after the attacks on New York and Washington, the Bush administration began claiming that Iraq posed a serious threat to the US (see September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, August 2002, and September 6, 2002). Bush had apparently characterized Iraq as an “imminent threat” even before becoming president (see May 17, 2000). Defense Secretary Donald Rumsfeld has used the term “imminent threat” (see September 18, 2002), as have other members of the administration, such as press secretary Ari Fleischer, communications chief Dan Bartlett, and Defense Policy Board chief Richard Perle. Vice President Dick Cheney had publicly threatened Iraq with military action as far back as December 2001 (see December 11, 2001). Bush had included Iraq as one of the now-infamous “Axis of Evil” in early 2002 (see January 29, 2002). And Bush, Cheney, and top White House officials had characterized Iraq and Saddam Hussein as a threat since March 2002 (see March 24, 2002, August 15, 2002, August 20, 2002, August 26, 2002, Fall and Winter 2002, September 7, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 13, 2002, September 18, 2002, September 19, 2002, September 24, 2002, September 26, 2002, October 1, 2002, October 1, 2002, October 3, 2002, October 7, 2002, October 7, 2002, January 10, 2003, and March 6, 2003). Wilson will later observe, “While the Journal may have been technically correct that the president had not uttered those exact words, he [and his top officials] walked right up to the phrase.” He will note that Bush’s “staff and administration allies, of course, had been less concerned about splitting hairs as they promoted the invasion.” [Wilson, 2004, pp. 367-368]

Entity Tags: Donald Rumsfeld, Ari Fleischer, Dan Bartlett, Richard Perle, Wall Street Journal, Joseph C. Wilson, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

Damage to the front of the Marriott Hotel.Damage to the front of the Marriott Hotel. [Source: CNN]A suicide bomber crashes into the lobby of the J. W. Marriott Hotel in Jakarta, Indonesia, killing 16 people and wounding 150. All of those killed are Indonesian except for one Dutch man. No group takes credit for the bombing, but US and Indonesian officials quickly blame Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia. The New York Times calls the Marriott “the most visibly American building in the city, [leaving] little doubt about the intentions of the terrorists.” Two weeks before, a militant captured in a raid in central Java revealed that he had recently delivered two carloads of bombmaking materials to Jakarta. Furthermore, drawings were found indicating that JI was planning an attack on one of the following targets: the Grand Hyatt, Mulia, or Marriott hotels, two Jakarta shopping malls, or some Christian sites. Police claim they went on high alert. But the Marriott says they were never given any warning, and there was no public alert of any kind. The US ambassador to Indonesia, Ralph Boyce, says the US was not given any warning. Time magazine will later comment that “serious questions remain about just how much more police might have done to prevent the attack in the first place.” [New York Times, 8/7/2003; Time, 8/10/2003] One Indonesian later convicted for a role in the bombing, Mohammad Rais, will later testify in court that he had frequently met Osama bin Laden in Afghanistan in recent years, and the bombing was inspired by bin Laden’s talk about waging war against the US and its allies. “We saw the Marriott attack as a message from Osama bin Laden.” [Associated Press, 12/2/2004] US treasury official Stuart Levey will later claim that al-Qaeda funded the attack by having a courier bring $30,000 in cash to Indonesia. [USA Today, 6/18/2006] The funds for the bombing allegedly passed through Hambali, an al-Qaeda and JI leader arrested in Thailand several days later (see August 12, 2003). [CNN, 8/19/2003] JI leaders Azhari Husin and Noordin Mohammed Top are said to have masterminded the bombing, together with Hambali. [New York Times, 10/7/2005]

Entity Tags: Ralph Boyce, Noordin Mohammed Top, Mohammad Rais, Azhari Husin, Hambali, Stuart Levey, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Mohammed Nazir Bin Lep (a.k.a. Lillie).Mohammed Nazir Bin Lep (a.k.a. Lillie). [Source: Defense Department]Hambali (a.k.a. Riduan Isamuddin) is arrested in Thailand in a joint US-Thai operation. He has been considered the operational leader of al-Qaeda in Southeast Asia. He was involved in the Bojinka plot in 1995, attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), and was said to be involved in the 2002 bombing of two nightclubs in Bali, Indonesia (see October 12, 2002), the 2003 bombing of a Marriott Hotel in Jakarta, Indonesia (see August 5, 2003), and other similar acts. He is taken into US custody and is said to quickly and fully cooperate with his captors. [Chicago Tribune, 12/7/2003] According to the Washington Post, at some point he will be transferred to the US naval base at the British island colony of Diego Garcia, where the CIA is believed to have a secret interrogation center. [Washington Post, 12/17/2004; Washington Post, 1/2/2005, pp. A01] Two of Hambali’s associates - Mohamad Farik Amin (a.k.a. Zubair), and Mohammed Nazir Bin Lep (a.k.a. Lillie) - are arrested with him. Both are Malaysians and are said to be al-Qaeda operatives. Supposedly they were members of a four person suicide squad working for Hambali and Khalid Shaikh Mohammed to hijack an airplane (see October 2001-February 2002). [Time, 10/6/2003] The US will later classify both of them, and Hambali, as about a dozen of the top al-Qaeda operatives in US custody (see September 2-3, 2006).

Entity Tags: United States, Thailand, Hambali, Mohamad Farik Amin, Khalid Shaikh Mohammed, Mohammed Nazir Bin Lep

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Shortly after he is arrested in Thailand (see August 12, 2003), al-Qaeda leader Hambali is taken to an unknown location and tortured. [MSNBC, 9/13/2007]

Entity Tags: Central Intelligence Agency, Hambali

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Victor Bout in 2003.Victor Bout in 2003. [Source: James Hill / Contact Press]The New York Times Magazine publishes an article based on an interview with Victor Bout, the world’s biggest illegal arms dealer. Bout worked extensively with the Taliban in the years before 9/11, and because of this, he claims, “I woke up after Sept. 11 and found I was second only to Osama,” in terms of being a wanted criminal. But he hints that he has powerful connections. “My clients, the governments… I keep my mouth shut.” He also points to the middle of his forehead and adds, “If I told you everything I’d get the red hole right here.” When asked about his possible ties to Russian intelligence, he says, “Until now you’ve been digging in a big lake with small spoons. There are huge forces…” He breaks his sentence, and explains to the reporter that he cannot explain too much about what the report calls “the triangulated relationship between him, governments, and his rogue clients.” An unnamed British arms investigator claims, “Bout is encouraged by Western intelligence agencies when it’s politically expedient.” Bout, a Russian, is interviewed in Moscow, where “he lives in plain sight… under the apparent protection of a post-Communist system that has profited from his activities as much as he has.” [New York Times Magazine, 8/17/2003] It will later be alleged that Bout began working with US intelligence shortly after 9/11, if not before, despite being the main arms dealer to the Taliban (see Shortly After September 11, 2001).

Entity Tags: Victor Bout

Timeline Tags: Complete 911 Timeline

US Attorney Carol Lam of the Southern District of California (see November 8, 2002) receives a letter regarding her performance on a recent EARS (Evaluation and Review Staff) assessment performed by the Justice Department. Lam’s office scores significantly higher than the national average of US Attorneys’ offices in a cumularite review. All seven areas scored are rated high—receiving either a 4 or a 5 on a five-point scale. Lam’s office received “best practices” recognition in several areas, including office management. Lam is praised for her “proactive” work in implementing the department’s anti-terrorism policies, her vigorous pursuit of corporate fraud cases, and her office’s work to dismantle and disrupt gang organizations in her district. According to the report, her office’s “Coyote Prosecution Program, which targets alien smuggling foot guides, has been exceedingly successful.” And her office’s focus on technology-related crimes is appropriate for her district. [US House of Representatives, Committee on the Judiciary, 5/21/2007]

Entity Tags: Carol C. Lam, US Department of Justice

Timeline Tags: Civil Liberties

Scientist Steven Hatfill files a lawsuit against Attorney General John Ashcroft, the Justice Department, and FBI, saying his constitutional rights have been violated. Hatfill has been named by the FBI as a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001), but has not been charged or officially declared a suspect. His attorneys claim the FBI deliberately tipped off the media to searches of his house to hide the fact that the anthrax investigation was making little progress. They say 24-hour surveillance and wiretaps violated his privacy (see July 2002-Late 2003). [CNN, 8/26/2003] In 2008, Hatfill will settle out of court and receive nearly $6 million in compensation from the government (see June 27, 2008).

Entity Tags: Steven Hatfill, John Ashcroft, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: 2001 Anthrax Attacks

The “Hard Site” at Abu Ghraib is officially opened for use. Maj. Gen. George R. Fay, who much later reports (see August 25, 2004) on what happens at the prison, will say he believes the opening of the Hard Site “marked the beginning of the serious abuse that occurred.” [US Department of the Army, 3/9/2004]

Entity Tags: George R. Fay

Timeline Tags: Torture of US Captives

Geoffrey Miller.Geoffrey Miller. [Source: US Army]Major General Geoffrey Miller, who oversees the prison at Guantanamo (see November 4, 2002), flies to Iraq for a 10-day consulting trip (see August 18, 2003). He is part of a team “experienced in strategic interrogation… to review current Iraqi theater ability to rapidly exploit internees for actionable intelligence” and to review the arrangements at the US military prisons in Iraq. [Washington Post, 5/9/2004; New Yorker, 5/17/2004; Washington Post, 8/24/2004; Savage, 2007, pp. 190] The team consists of 17 interrogation experts from Guantanamo Bay, and includes officials from the CIA and the Defense Intelligence Agency (DIA). [Washington Post, 6/12/2004]
Attempt to Increase Flow of 'Actionable Intelligence' - The Pentagon’s decision to dispatch the team on this mission was influenced by the military’s growing concern that the failure of coalition forces to quell resistance against the occupation was linked to a dearth in “actionable intelligence” (see August 2003). [New Yorker, 5/24/2004] Miller has therefore come to help Brigadier General Barabara Fast improve the results of her interrogation operations. More to the point, he is supposed to introduce her to the techniques being used at Guantanamo. [New Yorker, 6/21/2004; Signal Newspaper, 7/4/2004] Officials are hoping detainees will provide intelligence on weapons of mass destruction and Saddam Hussein, who is still on the loose. [Washington Post, 5/16/2004]
'Gitmoizing' Abu Ghraib - “[Miller] came up there and told me he was going to ‘Gitmoize’ the detention operation,” Brigadier General Janis L. Karpinski, later recalls. [Washington Post, 5/9/2004] Miller will later deny he used the word “Gitmoize.” [Washington Post, 5/12/2004] During Miller’s visit, a Joint Interrogation and Debriefing Center (JIDC) is established in order to centralize the intelligence operations at the prison. Captain Carolyn A. Wood is made officer in charge (OIC) of the Interrogation Coordination Element (ICE), within the JIDC. [US Department of Defense, 8/23/2004 pdf file] Before returning to Washington, Miller leaves a list of acceptable interrogation techniques—based on what has been used in Guatanamo—posted on a wall in Abu Ghraib, which says that long term isolation, sleep disruption, “environmental manipulation,” and “stress positions” can be used to facilitate interrogations, but only with the approval of Lieutenant General Ricardo Sanchez on a case-by-case basis. [Washington Post, 5/21/2004] The use of dogs is also included, even though the technique was banned at Guantanamo eight months before by Defense Secretary Donald Rumsfeld (see January 15, 2003). [Washington Post, 7/19/2004; US Department of Defense, 8/23/2004 pdf file] Karpinski later recalls, “He said they are like dogs and if you allow them to believe at any point that they are more than a dog then you’ve lost control of them.” [BBC, 6/15/2004] Miller’s visit to Iraq heralds some significant changes, which include, first, the introduction of more coercive interrogation tactics; second, the taking control of parts of the Abu Ghraib facility by military intelligence; and third, the use of MPs in the intelligence collection process. During his visit, Miller discusses interrogation techniques with military intelligence chief Colonel Thomas M. Pappas. [New York Times, 5/13/2004]
'Snowballing' Effect of Chaos, Brutality - “The operation was snowballing,” Samuel Provance, a US military intelligence officer, will later recall, describing the situation at Abu Ghraib after Miller’s visit. “There were more and more interrogations. The chain of command was putting a lot of resources into the facility.” And Karpinski will later say that she was being shut out of the process at about this time. “They continued to move me farther and farther away from it.” [Washington Post, 5/20/2004] Major General Anthony Taguba (see March 9, 2004) will later determine that Miller’s visit helped bring about the complete breakdown of discipline at the prison: “Interrogators actively requested,” at Miller’s behest, “that MP guards set physical and mental conditions for favorable interrogations of witnesses.” In essence, Miller tells guards to “soften up” prisoners so they will not be able to resist their inquisitors. Miller will later deny any responsibility for the Abu Ghraib torture program (see May 4, 2004). [Savage, 2007, pp. 190]

Entity Tags: Barbara G. Fast, Antonio M. Taguba, Carolyn A. Wood, Samuel Provance, Janis L. Karpinski, Thomas M. Pappas, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

In an interview, the US officer in charge of interrogations at Abu Ghraib acknowledges that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), detainees are subjected to stress positioning. Stress positions are a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Geneva Conventions, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Retired Marine General Anthony Zinni, formerly head of the US Central Command, criticizes the Bush administration’s occupation strategy for Iraq, saying that the administration has never put together a coherent strategy, never created a plan for achieving its goals, and has not allocated the resources needed to achieve those goals. “There is no strategy or mechanism for putting the pieces together,” he says, and so “we’re in danger of failing.” Speaking to several hundred Marine and Navy officers and others, Zinni, who was badly wounded in Vietnam, says: “My contemporaries, our feelings and sensitivities were forged on the battlefields of Vietnam, where we heard the garbage and the lies, and we saw the sacrifice. I ask you, is it happening again?… We can’t go on breaking our military and doing things like we’re doing now.” A focus of his criticism is the choice by Defense Secretary Donald Rumsfeld to have the Defense Department, and not the State Department, oversee postwar efforts in Iraq. “Why the hell would the Department of Defense be the organization in our government that deals with the reconstruction of Iraq?” he asks. “Doesn’t make sense.” Another area of criticism is the Bush administration’s cavalier treatment of the United Nations, particularly in failing to secure a UN resolution that several nations said was a prerequisite for their contributing to the peacekeeping force (see October 21, 2002, October 27, 2002, November 8, 2002, December 31, 2002, February 5, 2003, and March 25, 2003). “We certainly blew past the UN,” he says. “Why, I don’t know. Now we’re going back hat in hand.” Zinni is given a warm reception by his audience, some of whom buy recordings of his remarks to share with friends and fellow soldiers. [Washington Post, 9/5/2003]

Entity Tags: United Nations, Anthony Zinni, Bush administration (43), Donald Rumsfeld, US Central Command, US Department of Defense, US Department of State

Timeline Tags: Iraq under US Occupation

Senator Patrick Leahy responds to Department of Defense William J. Haynes’s letter of June 25, 2003 (see June 25, 2003). He asks him to explain how the standards he outlined are implemented and communicated to US soldiers and asks for assurances that other agencies, including the CIA, abide by the same standards as the US military. [Human Rights Watch, 5/7/2004]

Entity Tags: Patrick J. Leahy, William J. Haynes

Timeline Tags: Torture of US Captives

A team of military lawyers in Iraq issues a memo detailing a new set of interrogation rules entitled, CJTF-7 Interrogation and Counter-Resistance Policy (ICRP). The team—headed by the highest legal expert within the US military apparatus in Iraq, Col. Marc Warren, the staff judge advocate for Combined Joint Task Force (CJTF) 7—includes Capt. Fitch, the command judge advocate with Col. Thomas M. Pappas’ 205th Military Intelligence Brigade, and Maj. Daniel Kazmier and Maj Franklin D. Raab, both from the CJTF-7 Office of the Staff Judge Advocate (OSJA). In crafting the memo, Fitch “copie[s]” Defense Secretary Donald Rumsfeld’s April 16, 2003 memo (see April 16, 2003), intended for Guantanamo, “almost verbatim.” The draft is then sent to the 519th Military Intelligence Battalion for comment. The 519th adds techniques from its own August 27, 2003 memo (see August 27, 2003), including “the use of dogs, stress positions, sleep management, sensory deprivation,… yelling, loud music, and light control.” The techniques listed in the final version of the memo apply to all categories of detainees. [US Department of Defense, 8/23/2004 pdf file] Sleep management and sensory deprivation are also part of the Guantanamo set of interrogation techniques. The other more aggressive methods—the use of dogs, stress positions, and yelling, loud music, and light control—are extras.

Entity Tags: Donald Rumsfeld, Daniel Kazmier, Marc Warren, Brent Fitch, Franklin D. Raab, Thomas M. Pappas

Timeline Tags: Torture of US Captives

The CIA drafts a report containing statements reportedly made by alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) under interrogation at a black site. According to the report, KSM claims that Zacarias Moussaoui was not handled by al-Qaeda for the 9/11 attacks, but for a second wave of attacks. KSM also made this claim in an earlier interrogation (see July 2, 2003). The claim appears to be not entirely true, as in an intercepted conversation from July 2001, KSM and his associate Ramzi bin al-Shibh discussed possibly using Moussaoui for 9/11 (see July 20, 2001). The report apparently contains a mention of this call. [9/11 Commission, 7/24/2004, pp. 246, 247, 530, 531]

Entity Tags: Zacarias Moussaoui, Khalid Shaikh Mohammed, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. [US Department of Defense, 8/23/2004 pdf file] Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. [Washington Post, 6/12/2004] Additionally, the memo discusses how the Arab fear of dogs can be exploited. [US Department of Defense, 8/23/2004 pdf file] According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). [US Department of Defense, 8/23/2004 pdf file] Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” [US Department of Defense, 8/23/2004 pdf file] According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” [Huffington Post, 4/21/2009]

Entity Tags: George R. Fay, Senate Armed Services Committee, Geoffrey D. Miller, Marc Warren, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

In an interview, a key 9/11 Commission staffer, Doug MacEachin, reportedly agrees with an important witness, FBI agent Ali Soufan, that the CIA deliberately withheld from the bureau the knowledge that al-Qaeda leader Khallad bin Attash had attended al-Qaeda’s Malaysia summit and was therefore linked to 9/11 hijacker Khalid Almihdhar. [Soufan, 2011, pp. 301-302] However, the Commission’s final report will call the non-passage of this intelligence “an example of how day-to-day gaps in intelligence sharing can emerge even when there is mutual goodwill.” [9/11 Commission, 7/24/2004, pp. 267] This interview appears to be the second time the Commission talks to Soufan, which is on September 15, 2003. [9/11 Commission, 7/24/2004, pp. 507; Soufan, 2011, pp. 297-302] Soufan discusses the case of “Omar,” a joint FBI-CIA source inside al-Qaeda. At an interview of Omar in January 2001 the CIA learned that bin Attash had attended al-Qaeda’s Malaysia summit in early 2000 (see January 5-8, 2000 and January 4, 2001). However, it then failed to share this with the FBI (see January 5, 2001 and After). Soufan tells the Commission’s staff: “This shows that the CIA knew the significance of Malaysia, Khallad, and Almihdhar but actively went out of their way to withhold the information from us. It’s not a case of just not passing on information. This is information the FBI representative working with the source should have been told about. It was a legal requirement. Instead we were deliberately kept out of the loop.” A staffer responds that the CIA claims it shared the information, and Soufan asks whether the Commission checked the “regular cables” between the field and CIA headquarters. After the staffer says they have, Soufan asks whether the Commission has checked the “operational traffic,” and MacEachin responds, “That must be it.” Other staffers are initially puzzled by McEachin’s comment, but he explains it to them. Soufan will comment: “Operational traffic refers to cables sent during an operation. The officer will list procedures, leaving a record in case something goes wrong or something needs to be referred to. Because these cables are strictly procedural and not related to intelligence, they would not be sent to the FBI. If someone wanted to hide something from the FBI, that’s where he would put it. Because Doug had worked for the CIA, he knew what operational cables were, while other members of the team might not have.” The Commission later finds that the information about bin Attash was in an operational cable. [Soufan, 2011, pp. 301-302] The reason for the discrepancy between MacEachin’s attitude in the interview of Soufan and the Commission’s final report is unknown.

Entity Tags: Doug MacEachin, Federal Bureau of Investigation, 9/11 Commission, Ali Soufan

Timeline Tags: Complete 911 Timeline

A mortar attack kills two soldiers at Abu Ghraib, and injures Lt. Col. Steven L. Jordan and ten other soldiers. Jordan, who has only just arrived at the prison (see September 17, 2003), is extremely traumatized by the deaths of the two soldiers, one of whom suffered immensely. Two Iraqis, a man and a woman, are quickly apprehended on suspicion of involvement in the mortar attack and brought to the prison where a team of military intelligence soldiers and the MP Internal Reaction Force (IRF) are waiting for them. Two military intelligence soldiers yell at the man and begin hitting him, while he remains passive and handcuffed. MP 1st Lt. David Sutton intervenes and stops the beating. The detainee is released later in the day when his involvement in the attack is determined unlikely. The abuse is subsequently reported to Forward Operating Base (FOB) Commander Lt. Col. Jerry L. Phillabaum. The MPs and five military intelligence soldiers who were present at the incident all provide witness statements. Interestingly, as Maj. Gen. George R. Fay later relates (see August 25, 2004), “While the MP statements all describe abuse at the hands of an unidentified MI [Military Intelliigence] person…, the MI statements all deny any abuse occurred.” Phillabaum reports the incident to the Criminal Investigation Division (CID), which determines there are insufficient grounds for prosecution. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Jerry L. Phillabaum, David Sutton, Steven L. Jordan

Timeline Tags: Torture of US Captives

An Associated Press (AP) report provides details of what alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) has apparently told his CIA interrogators. The article, based on “interrogation reports” reviewed by the AP, makes the following claims:
bullet KSM worked on the Bojinka plot in 1994 and 1995 in the Philippines with Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah;
bullet After Yousef and Murad were captured (see January 6, 1995 and February 7, 1995), KSM began to devise a new plot that focused on hijackings on US soil;
bullet KSM first pitched the 9/11 plot to Osama bin Laden in 1996. He wanted bin Laden “to give him money and operatives so he could hijack 10 planes in the United States and fly them into targets”;
bullet After bin Laden agreed in principle, the original plan, which called for hijacking five commercial jets on each US coast, was modified several times. Some versions even had the planes being blown up in mid-air, possibly with the aid of shoe bombs. Bin Laden scrapped various parts of the plan, including attacks on both coasts and hijacking or bombing some planes in East Asia as well;
bullet The original four al-Qaeda operatives bin Laden offered KSM for the plot were eventual hijackers Nawaf Alhazmi and Khalid Almihdhar, as well as Khallad bin Attash and Abu Bara al-Yemeni. “All four operatives only knew that they had volunteered for a martyrdom operation involving planes,” one interrogation report apparently states;
bullet The first major change to the plans occurred in 1999 when the two Yemeni operatives could not get US visas (see April 3, 1999). [Associated Press, 9/21/2003] (According to the 9/11 Commission Report, KSM actually says Abu Bara al-Yemeni never applied for a US visa); [9/11 Commission, 7/24/2004, pp. 492]
bullet Bin Laden then offered KSM additional operatives, including a member of his personal security detail;
bullet At that time the plot was to hijack a small number of planes in the United States and East Asia and either have them explode or crash into targets simultaneously;
bullet In 1999, the four original operatives picked for the plot traveled to Afghanistan to train at one of bin Laden’s camps, where they received specialized commando training (see Late 1999);
bullet Al-Qaeda’s Malaysia summit (see January 5-8, 2000) was, according to the report, a “key event in the plot,” although it does not say whether KSM was physically present. On the other hand, it confirms the presence of Jemaah Islamiyah leader Hambali;
bullet KSM communicated with Alhazmi and Almihdhar while they were in the US using Internet chat software;
bullet KSM has never heard of Omar al-Bayoumi, an apparent Saudi intelligence agent who provided some assistance to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi when they arrived in California. Neither did he arrange for anyone else in the US to assist Almihdhar and Alhazmi when they arrived in California. Despite this, Almihdhar and Alhazmi soon made contact with a network of people linked to Saudi intelligence services (see January 15-February 2000 and June 23-July 2001);
bullet Bin Laden canceled the East Asian portion of the attacks in the spring of 2000, because, according to a quote from KSM contained in a report, “it would be too difficult to synchronize” attacks in the United States and Asia;
bullet Around that time, KSM reached out to Jemaah Islamiyah, an al-Qaeda affiliate in Southeast Asia. He began “recruiting JI operatives for inclusion in the hijacking plot as part of his second wave of hijacking attacks to occur after Sept. 11,” one summary reportedly says;
bullet Zacarias Moussaoui also went to Malaysia in the run-up to 9/11 (see September-October 2000);
bullet In its final stages, the plan called for as many as 22 terrorists and four planes in a first wave, followed by a second wave of suicide hijackings that were to be aided possibly by al-Qaeda allies in Southeast Asia;
bullet The hijacking teams were originally made up of members from different countries where al-Qaeda had recruited, but in the final stages bin Laden chose instead to use a large group of young Saudi men to populate the hijacking teams;
bullet KSM told interrogators about other terror plots that were in various stages of planning or had been temporarily disrupted when he was captured, including one planned for Singapore (see June 2001 and November 15-Late December 2001);
bullet KSM and al-Qaeda were still actively looking to strike US, Western, and Israeli targets across the world as of this year. [Associated Press, 9/21/2003]
These statements attributed to KSM are similar to later statements attributed to him by the 9/11 Commission Report. [9/11 Commission, 7/24/2004] The Associated Press article cautions that US authorities are still investigating what KSM is telling them, “to eliminate deliberate misinformation.” [Associated Press, 9/21/2003] KSM made some or all these statements under torture, leading some to question their reliability (see Shortly After February 29 or March 1, 2003, After March 7, 2003, June 16, 2004, and August 6, 2007).

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Mahmoud Afif Abdeljalil.Mahmoud Afif Abdeljalil. [Source: Joel Nito / Agence France-Presse]An “envoy” of bin Laden’s brother-in-law is accused of running al-Qaeda front companies in the Philippines and is deported. Mahmoud Afif Abdeljalil, a Jordanian, was arrested in the Philippines in early 1995 and accused of supporting the Bojinka plot, but then was let go (see January 6, 1995 and April 1, 1995-Early 1996). He is arrested in the Philippines again on this day while attempting to sell some properties owned by Mohammed Jamal Khalifa, bin Laden’s brother-in-law. [Contemporary Southeast Asia, 12/1/2002; Time, 10/27/2003] Philippine officials call him a suspected al-Qaeda operative who had been in close contact with militants from the Abu Sayyaf and other groups. He is called an “envoy” or “point man” for Khalifa, and reputedly took over some of Khalifa’s business front companies after Khalifa left the country in 1994 (see December 1, 1994). His house was used as a safe-house and meeting place for al-Qaeda operatives. [Agence France-Presse, 10/23/2003; Associated Press, 10/23/2003] However, despite all these serious allegations, Abdeljalil is deported back to Jordan in early 2004. [Associated Press, 3/1/2004]

Entity Tags: Mohammed Jamal Khalifa, Abu Sayyaf, Mahmoud Afif Abdeljalil, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The Justice Department authorizes the FBI to open a criminal investigation into leaks of CIA agent Valerie Plame Wilson’s covert identity by sources within the Bush administration (see July 14, 2003, July 30, 2003, and September 16, 2003). [MSNBC, 2/21/2007; Washington Post, 7/3/2007] The investigation is headed by the Justice Department’s counterespionage chief, John Dion. [Vanity Fair, 1/2004]
Questions of Impartiality - Dion is a veteran career prosecutor who has headed the counterespionage section since 2002. He will rely on a team of a half-dozen investigators, many of whom have extensive experience in investigating leaks. However, some administration critics are skeptical of Dion’s ability to run an impartial investigation: he will report to the Justice Department’s Robert McCallum, who is an old friend and Yale classmate of President Bush. Both Bush and McCallum were members of the secret Skull & Bones Society at Yale. Others believe the investigation will be non-partisan. “I believe that the career lawyers in Justice—the people who preceded [Attorney General] John Ashcroft and who will be there after he leaves—will do a nonpolitical investigation, an honest investigation,” says legal ethics specialist Stephen Gillers. “Ashcroft’s sole job is to stay out of it.” [Associated Press, 10/2/2003; Los Angeles Times, 10/2/2003]
CIA Director Filed Request - The request for an investigation (see September 16, 2003) was filed by CIA Director George Tenet; a CIA official says Tenet “doesn’t like leaks.” White House press secretary Scott McClellan says he knows of no leaks about Wilson’s wife: “That is not the way this White House operates, and no one would be authorized to do such a thing. I don’t have any information beyond an anonymous source in a media report to suggest there is anything to this. If someone has information of this nature, then he or she should report it to the Department of Justice.” McClellan calls Joseph Wilson’s charges that deputy White House chief of staff Karl Rove leaked his wife’s name (see August 21, 2003) “a ridiculous suggestion” that is “simply not true.” A White House official says that two administration sources (later revealed to be Rove and Deputy Secretary of State Richard Armitage—see June 13, 2003, July 8, 2003, and 11:00 a.m. July 11, 2003) leaked Plame Wilson’s name to six separate journalists (see Before July 14, 2003). The White House is notoriously intolerant of leaks, and pursues real and supposed leakers with vigor. Wilson says that if the White House did indeed leak his wife’s name, then the leak was part of what he calls “a deliberate attempt on the part of the White House to intimidate others and make them think twice about coming forward.” [Washington Post, 9/28/2003]
White House, Democrats Respond - National Security Adviser Condoleezza Rice says that the White House is willing to have the Justice Department investigate the charges. “I know nothing of any such White House effort to reveal any of this, and it certainly would not be the way that the president would expect his White House to operate,” she tells Fox News. “My understanding is that in matters like this, a question like this is referred to the Justice Department for appropriate action and that’s what is going to be done.” However, some Democrats want more. Senator Charles Schumer (D-NY) says the Justice Department should appoint a special counsel to investigate the charges, since the department has an inherent conflict of interest: “I don’t see how it would be possible for the Justice Department to investigate whether a top administration official broke the law and endangered the life of this agent (see July 21, 2003). Even if the department were to do a thorough and comprehensive investigation, the appearance of a conflict could well mar its conclusions.… Leaking the name of a CIA agent is tantamount to putting a gun to that agent’s head. It compromises her safety and the safety of her loved ones, not to mention those in her network of intelligence assets. On top of that, it poses a serious threat to the national security of this nation.” Representative Richard Gephardt (D-MO) says the White House should find out who is responsible for the leak, and Congress should investigate the matter as well. [Washington Post, 9/28/2003; Fox News, 9/29/2003]
FBI Will Acknowledge Investigation - The FBI officially acknowledges the investigation on September 30 (see September 30, 2003), and informs the White House of the investigation. [New York Times, 2006]

Entity Tags: Richard Gephardt, Karl C. Rove, Richard Armitage, Stephen Gillers, US Department of Justice, Joseph C. Wilson, Valerie Plame Wilson, Scott McClellan, John Dion, Robert McCallum, George W. Bush, Charles Schumer, Condoleezza Rice, Bush administration (43), George J. Tenet, Federal Bureau of Investigation, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post publishes an article stating that in July, two White House officials had leaked the name and CIA employment status of Valerie Plame Wilson to at least six reporters, and told the reporters that Plame Wilson had been responsible for sending her husband to Niger (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The article is based on a leak of information by a “senior administration official.” Such an explosive leak is relatively rare from the Bush administration. Reporters Mike Allen and Dana Priest report, “It is rare for one Bush administration official to turn on another.” Asked about the motive for describing the leaks, the senior official says the leaks of Plame Wilson’s identity were “[c]learly… meant purely and simply for revenge.” The leaks were “wrong and a huge miscalculation, because they were irrelevant and did nothing to diminish [Joseph] Wilson’s credibility.” [Washington Post, 9/28/2003; Truthout (.org), 4/14/2006] The “senior administration official” will later be revealed to be State Department official Marc Grossman (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [Truthout (.org), 4/14/2006]
'1x2x6' Theory - Author and blogger Marcy Wheeler, covering the Plame Wilson leak and the subsequent perjury trial of Lewis Libby (see October 28, 2005) for the blogs The Next Hurrah and later Firedoglake, later writes that the Allen/Priest report states the “1x2x6 theory” of the leak, in which one anonymous source tells Allen and Priest that two senior White House officials called at least six Washington reporters to discuss Plame Wilson’s CIA status. Wheeler will note that one of those Washington reporters, Robert Novak, has denied being the White House’s “willing pawn” who leaked Plame Wilson’s identity when the other reporters refused (see July 14, 2003, September 29, 2003, and October 1, 2003). Wheeler will write, “Novak’s October 1 column was designed to refute the incredibly damaging quotes from the 1x2x6 source that clearly indicated the leak was planned.” She will speculate that the single anonymous source for Allen and Priest may be Secretary of State Colin Powell, but she will state that she is by no means sure, and has no proof of her speculation. [Marcy Wheeler, 8/29/2006]
Poor Reasoning - Wilson will later write that he is pleased to learn that “there was at least one Bush official who believed the conduct of his colleagues was ‘wrong.’ I was disappointed to read that he or she evidently judged it so not because it was a betrayal of national security but because it was beside the point and had done nothing to damage my credibility. Would the leak have been okay if it had really impeached my character and sent me skittering into some dungeon reserved for critics of the Bush administration?”
'Smear Campaign' Readied Well before Wilson Published Op-Ed - Wilson muses over the implications of the article. He concludes that if two White House officials had conducted such a large media campaign, “there must have been a meeting to decide on the action to take” (see June 2003). And because of the timing, the officials involved must have had the information on Plame Wilson “well before the appearance of my article on Sunday, July 6” (see July 6, 2003). How did the two officials learn of his wife’s status? he wonders. Was there a breach of security? Was the revelation of his wife’s identity inadvertent or deliberate? “Whatever the answers to these questions,” he will write, “I knew for certain that the initial disclosure of her status, whether deliberate or inadvertent, was the first damaging act, before the calls to all the journalists were placed.… [A] plan to attack me had been formed well before [the publication of his editorial]. It was cocked and ready to fire as soon as I crossed the trip wire and wrote about what I hadn’t found in Niger. My [editorial] triggered the attack, but I was not the only target of it. Now my wife was in their sights, as well. What then happened was not a case of the loose lips of an overly ardent junior defender of the administration flapping to one reporter, but an organized smear campaign directed from the highest reaches of the White House. A group of supposed public servants, collecting salaries paid by American taxpayers and charged with defending the national security of the country, had taken it upon itself to attack me by exposing the identity of a member of the CIA’s clandestine service, who happened to be my wife. Revenge and intimidation had been deemed more important than America’s national security for these co-conspirators.” [Wilson, 2004, pp. 385-387]

Entity Tags: Valerie Plame Wilson, Robert Novak, Washington Post, Marcy Wheeler, Joseph C. Wilson, Dana Priest, Colin Powell, Mike Allen, Central Intelligence Agency, Bush administration (43), Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Conservative columnist Robert Novak, who first publicly outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), denies being fed the information of Plame Wilson’s identity by White House officials (see June 13, 2003, July 7, 2003, July 8, 2003, and Before July 14, 2003). The subject arose when he was inquiring about her husband’s trip to Niger (see July 6, 2003), Novak says. Shortly after the leak, he said of Plame Wilson’s identity, “I didn’t dig it out, it was given to me” by White House officials (see July 21, 2003). However, Novak’s story is now quite different. He says of the outing: “Nobody in the Bush administration called me to leak this. In July, I was interviewing a senior administration official on Ambassador [Joseph] Wilson’s report when he told me the trip was inspired by his wife, a CIA employee working on weapons of mass destruction. Another senior official told me the same thing. When I called the CIA in July, they confirmed Mrs. Wilson’s involvement in a mission for her husband on a secondary basis… they asked me not to use her name, but never indicated it would endanger her or anybody else. According to a confidential source at the CIA, Mrs. Wilson was an analyst, not a spy, not a covert operative (see Before July 14, 2003 and February 2004), and not in charge of undercover operatives. So what is the fuss about, pure Bush-bashing?” [American Prospect, 2/12/2004; New York Times, 2006; National Journal, 5/25/2006] The same day that Novak issues his denial, he tells White House political strategist Karl Rove, one of his sources, that he will protect Rove from the Justice Department’s investigation into the leak (see September 29, 2003).

Entity Tags: Central Intelligence Agency, Valerie Plame Wilson, Bush administration (43), Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The FBI publicly acknowledges that it has opened an investigation into the Valerie Plame Wilson identity leak (see September 26, 2003). The White House directs its staff to fully cooperate with the investigation (see September 29-30, 2003). President Bush tells the press: “If there is a leak out of my administration, I want to know who it is. And if the person has violated the law, he will be taken care of.” [New York Times, 9/30/2003; New York Times, 2006] (In White House press secretary Scott McClellan’s later recollection, “he’d made clear that if anyone in his administration had been responsible for the leak, he or she would have to leave.”) [McClellan, 2008, pp. 216] Bush says there are “just too many leaks” from both the White House and Congress. The Justice Department instructs the White House, through White House counsel Alberto Gonzales, to preserve all records relating to the case, including any involving contacts with columnist Robert Novak (who first publicly outed Plame Wilson—see July 14, 2003), and two Newsday reporters, Timothy Phelps and Knut Royce (see September 30, 2003). Phelps and Royce wrote a July 2003 article claiming that “intelligence officials” had confirmed and expanded on Novak’s identification of Plame Wilson, and stated that Plame Wilson worked for the CIA in “an undercover capacity” (see July 21, 2003). Bush tells reporters that he is “absolutely confident that the Justice Department will do a very good job” of investigating the case, indicating that he will not support calls for an outside special counsel to take over the probe. The Justice Department has not ruled out asking for a special counsel, though Attorney General John Ashcroft says his department is more than capable of handling the investigation itself. Democrats say that Ashcroft’s Justice Department should not conduct any such investigation because of Ashcroft’s close connections to White House personnel who may be involved in the leak, such as White House political adviser Karl Rove. At a fundraising luncheon, Bush indirectly dismisses the controversy over the Plame Wilson outing as part of the “needless partisan bickering that dominates the Washington, DC, landscape.” A Republican source close to the White House tells the New York Times that the investigation will blow over within a matter of days. “The general view inside the White House among senior staff is that this is going to create a few rocky political days, that it’s mainly the Democrats pushing it and that if all the Republicans stay on board, the story goes away,” the source says. [New York Times, 9/30/2003; New York Times, 2006] Plame Wilson’s husband, former ambassdor Joseph Wilson, will later call this an “absurdly broad net, as there were only a very small number of people in the administration whose responsibilities overlap the national security and the political arenas, the best pool of possible suspects in which to start looking.” Wilson will note, “If the president really wanted to ‘come to the bottom of this,’ as he claimed to reporters on October 7 (see October 7, 2003), he could have acted like the strong chief executive he claims to be and brought his senior people into a room and demanded that they produce the leaker.” [Wilson, 2004, pp. 399]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Bush administration (43), Alberto R. Gonzales, John Ashcroft, Valerie Plame Wilson, US Department of Justice, Timothy Phelps, Scott McClellan, Knut Royce, Robert Novak, Karl C. Rove, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

After becoming unhappy with the quality of information it is receiving from the CIA about detainee interrogations (see Summer 2003), the 9/11 Commission not only gives the CIA more questions for detainees, but also asks it how the interrogations are carried out. The Commission thinks the second set of questions is the most important, but the CIA only responds to them in a vague manner. They concern the translation process in the interrogations, the interrogators’ background, the way the interrogators handle inconsistencies in the detainees’ stories, the particular questions that were asked to elicit reported information, the way interrogators followed up on certain lines of questioning, the context of the interrogations so the Commission can assess the credibility and demeanor of the detainees when they made the reported statements, and the interrogators’ views or assessments. According to a later account by Commission chairman Tom Kean and vice-chairman Lee Hamilton, CIA general counsel Scott Muller writes back with “non-specific replies.” Muller also fails to inform the Commission that the CIA has videotapes of some of the interrogations (see Summer 2003-January 2004). Because the Commission is “not satisfied” with Muller’s response, it pushes for direct access to detainees, but this attempt fails (see November 5, 2003-January 2004 and After January 2004). [New York Times, 1/2/2008]

Entity Tags: Lee Hamilton, 9/11 Commission, Central Intelligence Agency, Scott Muller, Thomas Kean

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

Salon columnist and media observer Eric Boehlert notes that while the White House has specifically, and emphatically, denied Karl Rove leaked the CIA identity of Valerie Plame Wilson (see September 29, 2003), it has not yet given such coverage to Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney. Circumstantial evidence that the White House may be leaving Libby to, in Boehlert’s words, “twist in the wind” is mounting. The New York Daily News has reported that “Democratic Congressional sources said they would like to hear from… Lewis Libby.” On MSNBC, an administration critic, former counterterrorism official Larry Johnson, who says he knows who the leaker is, would not deny it was Libby. And Senator Chuck Hagel has implied that the leak originated from the vice president’s office when he said that President Bush needs to sit down with Cheney and “ask… what he knows about it.” A former senior CIA officer says, “Libby is certainly suspect No. 1.” Even Cheney’s own spokeswoman, Cathie Martin, refuses to deny Libby’s involvement, saying only, “This is a serious matter and we shouldn’t be speculating in light of an ongoing investigation.” Boehlert notes that conservative columnist Robert Novak, who outed Plame Wilson in one of his columns (see July 14, 2003), has dropped several hints about his primary source that point (inconclusively) to Libby. Novak’s assertion that his source is “no partisan gunslinger” (see October 1, 2003) is a better characterization of Libby than of Rove. Since Novak has referred to his source as “he,” the source cannot be National Security Adviser Condoleezza Rice or any other White House female. Most interestingly, Boehlert notes, Novak was never looking for Plame Wilson’s identity when he spoke with his sources in July 2003. Rather, he wanted to know why former ambassador Joseph Wilson was chosen to go to Niger (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). The logical place for Novak to begin such an inquiry, Boehlert writes, was Cheney’s office. Wilson believed Cheney was primarily, if indirectly, responsible for sending him to Niger (see (February 13, 2002)). Time magazine ran a story that revealed Libby was talking to reporters about Wilson (see July 17, 2003). And Boehlert notes other, less significant clues that add incrementally to the evidence showing that Libby might well have been Novak’s source. Finally, Boehlert comes back to Larry Johnson. Johnson confirmed for PBS that Plame Wilson was an undercover CIA agent and not merely an “analyst,” as Novak has asserted. He recently said flatly on MSNBC, “I know the name of the person that spoke with Bob Novak,” and that person works “at the White House,” and more specifically, “in the Old Executive Office Buildings.” Cheney’s office is located inside the Old Executive Office Building. Johnson was asked by co-host Pat Buchanan: “Scooter Libby. Now, is Scooter Libby the name you heard?” Johnson replied, “I’m not going to comment on that.” [Salon, 10/3/2003] The day after Boehlert’s column appears, White House press secretary Scott McClellan gives reporters the same assurance about Libby that he gave to Rove (see October 4, 2003).

Entity Tags: Larry C. Johnson, Catherine (“Cathie”) Martin, Bush administration (43), Chuck Hagel, Karl C. Rove, Lewis (“Scooter”) Libby, Robert Novak, Eric Boehlert, Office of the Vice President, Valerie Plame Wilson, Patrick Buchanan, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Jack Goldsmith succeeds Jay Bybee as the head of the Justice Department’s Office of Legal Counsel (OLC). The OLC essentially performs two functions: advising the executive branch on the legal limits of presidential power, and crafts legal justifications for the actions of the president and the executive branch. Goldsmith, who along with fellow Justice Department counsel and law professor John Yoo, is seen as one of the department’s newest and brightest conservative stars. But instead of aiding the Bush administration in expanding the power of the executive branch, Goldsmith will spend nine tumultuous months battling the White House on issues such as the NSA’s warrantless wiretapping program, the administration’s advocacy of torture in the interrogation of terrorism suspects, and the extralegal detention and military tribunals of “enemy combatants.” Goldsmith will find himself at odds with Yoo, the author of two controversial OLC memos that grant the US government wide latitude in torturing terror suspects (see January 9, 2002 and August 1, 2002), with White House counsel and future attorney general Alberto Gonzales, and with the chief aide to Vice President Dick Cheney, David Addington, who along with Cheney is one of the strongest advocates of the so-called “unitary executive” theory of governance, which says the president has virtually unlimited powers, especially in the areas of national security and foreign policy, and is not always subject to Congressional or judicial oversight. Within hours of Goldsmith’s swearing-in, Goldsmith receives a phone call from Gonzales asking if the Fourth Geneva Convention, which protects civilians in war zones such as Iraq, covers terrorists and insurgents as well. Goldsmith, after intensive review with other lawyers in and out of the Justice Department, concludes that the conventions do indeed apply. Ashcroft concurs. The White House does not. Goldsmith’s deputy, Patrick Philbin, says to Goldsmith as they drive to the White House to meet with Gonzales and Addington, “They’re going to be really mad. They’re not going to understand our decision. They’ve never been told no.” Philbin’s prediction is accurate; Addington is, Goldsmith recalls, “livid.” The physically and intellectually imposing Addington thunders, “The president has already decided that terrorists do not receive Geneva Convention protections. You cannot question his decision.” Addington refuses to accept Goldsmith’s explanations. Months later, an unmollified Addington will tell Goldsmith in an argument about another presidential decision, “If you rule that way, the blood of the hundred thousand people who die in the next attack will be on your hands.” These initial encounters set the tone for Goldsmith’s stormy tenure as head of the OLC. Goldsmith will lead a small group of administration lawyers in what New York Times Magazine reporter Jeffrey Rosen calls a “behind-the-scenes revolt against what [Goldsmith] considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror,” Goldsmith will resign in June of 2004 (see June 17, 2004). [New York Times Magazine, 9/9/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, Office of Legal Counsel (DOJ), John C. Yoo, Jack Goldsmith, David S. Addington, Alberto R. Gonzales, National Security Agency, Jay S. Bybee, John Ashcroft, Jeffrey Rosen

Timeline Tags: Civil Liberties

The American Civil Liberties Union (ACLU), in partnership with the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense, and Veterans for Peace, file a Freedom of Information Act (FOIA) request for records concerning the treatment of prisoners and detainees in US custody abroad, most specifically Iraq and Afghanistan. The request is the first spark in a firestorm of legal controversies, FOIA requests, government denials, and lawsuits, as the ACLU and its partners continue to attempt to squeeze documentation out of an uncooperative administration. Although the government will continue to withhold key records, ongoing litigation results in the eventual release of over 100,000 documents, which will be used by ACLU lawyers Jameel Jaffer and Amrit Singh to compile the book Administration of Torture (see October 22, 2007), which will show that detainees have been (and will be) systematically tortured and abused under the orders of senior government officials. [Union, 10/7/2003; American Civil Liberties Union, 10/22/2007]

Entity Tags: Veterans for Common Sense, Physicians for Human Rights, Jameel Jaffer, Center for Constitutional Rights, Freedom of Information Act, Amrit Singh, Bush administration (43), American Civil Liberties Union

Timeline Tags: Torture of US Captives

Amjed Isail Waleed arrives at Abu Ghraib and is designated a high-value detainee and assigned number 151365. [US Department of Defense, 8/23/2004 pdf file] He is immediately taken to the Hard Site and beaten by MPs. [Rolling Stone, 7/28/2004] Guards “put me in a dark room and started hitting me in the head and stomach and legs,” he later testifies. [Rolling Stone, 7/28/2004] He is then forced to strip and for five days he is left naked in his cell [Washington Post, 5/21/2004] where he is cuffed in stressful positions, a treatment known as “high cuffed.” [US Department of Defense, 8/23/2004 pdf file] He is also forced to kneel with a bag over his head for four hours, denied bedding or blankets, [Washington Post, 5/21/2004] and chained to a window in his cell and forced to wear women’s underwear on his head. [US Department of Defense, 8/23/2004 pdf file] One time a soldier slams Waleed’s head against the wall, causing the hood he is wearing to fall off. “One of the police was telling me to crawl, in Arabic, so I crawled on my stomach, and the police were spitting on me when I was crawling and hitting me on my back, my head, and my feet. It kept going on until their shift ended at four o’clock in the morning. The same thing would happen in the following days.” Later, one day in November, five soldiers take him into a room, put a bag over his head and begin to beat him up. “I could see their feet, only, from under the bag.… Some of the things they did was make me sit down like a dog, and they would hold the string from the bag, and they made me bark like a dog, and they were laughing at me.” [Rolling Stone, 7/28/2004] A civilian interpreter, hired from Titan Corp., at one time hits him so hard, that he cuts his ear badly enough to require stitches. After several beatings that are so severe that he loses consciousness, he is forced to lie on the ground, while MPs jump onto his back and legs. [US Department of Defense, 8/23/2004 pdf file] “One of the police was pissing on me and laughing at me.” [Rolling Stone, 7/28/2004] Another day he is allegedly grabbed by US soldiers who hold him down and spread his legs. Another soldier meanwhile starts to open his trousers. “I started screaming,” he recalls. A soldier steps on his head. [Washington Post, 5/21/2004] He is also beaten with a broom. [US Department of Defense, 8/23/2004 pdf file] Someone breaks a chemical light and pours the liquid over his body, which is witnessed by another detainee. “I was glowing and they were laughing,” he says. [Washington Post, 5/21/2004] He is then taken to another room where a police baton is used to sodomize him. “And one of the police, he put a part of his stick that he always carries inside my ass, and I felt it going inside me about two centimeters, approximately. And I started screaming, and he pulled it out and he washed it with water inside the room.” [Rolling Stone, 7/28/2004] In the meantime, two female MPs are hitting him, throwing a ball at his penis, and taking photographs. [US Department of Defense, 8/23/2004 pdf file] “And the two American girls that were there when they were beating me, they were hitting me with a ball made of sponge on my dick. And when I was tied up in my room, one of the girls, with blond hair, she is white, she was playing with my dick. I saw inside this facility a lot of punishment just like what they did to me and more. And they were taking pictures of me during all these instances.” [Rolling Stone, 7/28/2004] Over the next few months, Waleed is subjected to six interrogations. Maj. George R. Fay (see August 25, 2004) will later conclude after an investigation into treatment of detainees at Abu Ghraib, “It is highly probable [the detainee’s] allegations are true.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Amjed Isail Waleed, Titan

Timeline Tags: Torture of US Captives

On camera, PBS producer Martin Smith asks Iraqi National Congress chief Ahmed Chalabi to produce “documentary evidence of any kind” that proves his contention that Iraq and al-Qaeda have ties (see November 6-8, 2001 and February 5, 2003). Chalabi promises to deliver a document showing “money changing hands between Saddam Hussein’s government and al-Qaeda,” but never produces such a document. [Rich, 2006, pp. 106]

Entity Tags: Ahmed Chalabi, Saddam Hussein, Martin Smith, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion

The Washington Post publishes the second of its “1x2x6” articles (see September 28, 2003), based on the idea that one anonymous whistleblower says two White House officials have leaked the identity of CIA official Valerie Plame Wilson to six journalists. (The “1x2x6” moniker will be coined in 2006 by, among others, author and blogger Marcy Wheeler.) The article focuses on the FBI’s scrutiny of the events of June 2003, “when the CIA, the White House, and Vice President Cheney’s office first were asked about former ambassador Joseph C. Wilson IV’s CIA-sponsored trip to Niger” (see February 21, 2002-March 4, 2002). The FBI “investigators are examining not just who passed the information to [conservative columnist Robert] Novak (see July 14, 2003) and other reporters but also how Plame [Wilson]‘s name may have first become linked with Wilson and his mission, who did it, and how the information made its way around the government.” Administration sources tell the Post that the officials who discussed Plame Wilson with reporters (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003) were not trying to expose her as a CIA official so much as they were trying to imply that she sent her husband on a “junket” to Niger and thusly discredit Wilson. “The officials wanted to convince the reporters that he had benefited from nepotism in being chosen for the mission,” the Post reports. The administration tried well before the Novak column to convince journalists that Wilson’s findings in Niger (see July 6, 2003) were not important (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). The anonymous “1x2x6” source stands by the claims he or she made for the previous Post article. [Washington Post, 10/12/2003; Marcy Wheeler, 8/29/2006] Three years later, Novak will identify White House press aide Adam Levine as the “1x2x6” source (see October 16, 2006).

Entity Tags: Adam Levine, Valerie Plame Wilson, Office of the Vice President, Bush administration (43), Washington Post, Central Intelligence Agency, Marcy Wheeler, Federal Bureau of Investigation, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Amnesty International publishes a report stating that it believes that “the totality of conditions” in which “most” of the detainees at Guantanamo are being held may itself amount to cruel, inhuman, or degrading treatment. Amnesty notes that the Committee against Torture, established to oversee implementation of the Convention against Torture (see October 21, 1994), “has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman or degrading treatment.” [Amnesty International, 10/20/2003]

Entity Tags: Amnesty International

Timeline Tags: Torture of US Captives

Prosecutor Patrick Fitzgerald testifies before the Senate Committee on the Judiciary about post-9/11 legislative changes, and says that the removal of the “wall” was a significant step forward for US counterintelligence. The wall was a set of procedures which regulated the passage of intelligence information within the FBI and from the FBI to prosecutors (see July 19, 1995). Fitzgerald says the removal of the wall represented “the single greatest change that could be made to protect our country.” He cites four cases that he says are examples of how the wall and other such obstacles have hampered counterterrorism efforts:
bullet The arrest of Ali Mohamed. Fitzgerald claims it would have been “far less difficult” to arrest al-Qaeda operative Ali Mohamed for his involvement in the attacks on US embassies in East Africa (see September 10, 1998) had it not been for the wall. [US Congress, 10/21/2003] However, author Peter Lance will point out, “But Fitzgerald neglected to tell the senators that… prosecutors and FBI agents had been monitoring the bombing cell members for two years or that they’d had multiple face-to-face meetings with Mohamed himself.” Mohamed, who was called a “key figure” in the Day of Terror plot in the US press in early 1995 (see February 3, 1995), had actually met Fitzgerald a year before the arrest and told him that he had trained bin Laden’s bodyguards, lived in bin Laden’s house, loved and believed in bin Laden, and that he didn’t need a fatwa to attack the US, as it was obvious the US was the enemy (see After October 1997). [Lance, 2006, pp. 274-6, 299-300]
bullet The Day of Terror conspiracy. After the partial success of the World Trade Center bombing (see February 26, 1993), the conspirators planned to attack other targets in New York, but were arrested by the FBI, which had penetrated their cell. All of the arrested plotters were successfully convicted. However, Fitzgerald tells the committee, “Prosecutors were in the dark about the details of the plot until very late in the day.” [US Congress, 10/21/2003; Lance, 2006, pp. 118-9]
bullet The Millennium Alert. Fitzgerald says that in 1999, investigations into suspected millennium plots were hampered because “criminal prosecutors received information only in part and with lag time so as not to breach the wall.” All attacks planned for the millennium failed, including one plot to bomb the Los Angeles airport (see December 31, 1999-January 1, 2000).
bullet Sharing Wadih El-Hage’s grand jury interview. In 1997, Al-Qaeda operative El-Hage provided information about bin Laden and his associates to a grand jury. Fitzgerald wanted to pass some of this information along to intelligence investigators (see September 24, 1997) but was unable to because grand jury information cannot be shared with intelligence investigators. To get around this restriction, an FBI agent had to get El-Hage to repeat the information outside the grand jury room. (Note: this example is not directly related to the “wall” under the Foreign Intelligence Surveillance Act, but rather to a similar obstacle governing the passage of information in the opposite direction—from criminal agents to intelligence agents). [US Congress, 10/21/2003]

Entity Tags: Senate Judiciary Committee, Patrick J. Fitzgerald, Federal Bureau of Investigation, Ali Mohamed, Foreign Intelligence Surveillance Act, Peter Lance

Timeline Tags: Complete 911 Timeline

Omar al-Faruq.Omar al-Faruq. [Source: Public domain]In a meeting with Indonesian President Megawati Sukarnoputri, President Bush falsely promises to let Hambali stand trial in Indonesia. Hambali, an Indonesian citizen wanted for a string of attacks in Indonesia, including the 2002 Bali bombings (see October 12, 2002), was recently arrested in Thailand and taken in US custody (see August 12, 2003). White House communications director Dan Bartlett tells reporters that Bush has “committed to work with [the Indonesian authorities] at an appropriate time, that he would work to make sure that Hambali was handed over.” An Indonesian foreign ministry spokesman adds: “Absolutely, Bush promised to hand over Hambali to Indonesia for trial. The only condition is that the process of interrogation (by US agents) has to be completed. Bush said that still needed more time.” The US has been sharing some information from Hambali’s interrogation with Indonesian authorities, but does not allow them to question him directly, allegedly for fear of information leaks. [Associated Press, 10/24/2003] In 2002, the US did allow Indonesian investigators to directly interrogate another Indonesian in US custody, Omar al-Faruq. Ironically, it appears that extensive details of al-Faruq’s interrogation were leaked to the media, but by US officials, not Indonesian ones (see June 5, 2002). The US will not allow Indonesian officials to directly interrogate Hambali during a 2005 trial of his alleged close associate Abu Bakar Bashir, allowing Bashir to go free (see March 3, 2005). In late 2005, Hank Crumpton, a senior State Department official visiting Indonesia, again makes the promise that the US will eventually turn Hambali over to the Indonesian government. [New York Times, 10/19/2005] But in 2006, the US transfers Hambali to the Guantanamo prison with the intention of eventually trying him before a military tribunal (see September 2-3, 2006).

Entity Tags: Hambali, Dan Bartlett, George W. Bush, Hank Crumpton, Megawati Sukarnoputri

Timeline Tags: Complete 911 Timeline

Omar Bakarbashat is quietly deported to Yemen after spending two years in US prisons. Bakarbashat, a Yemeni citizen, was arrested shortly after 9/11 and held as a material witness. He knew and worked with 9/11 hijacker Nawaf Alhazmi at a gas station (see Autumn 2000). He was eventually charged with an immigration violation. He pled guilty to creating phony immigration documents and a Social Security card, and then served a six-month sentence. However, he chose to remain imprisoned so he could fight deportation. But after two years in prison, he gives up and agrees to be deported. According to his lawyer, he is interrogated and briefly jailed in Yemen, and then is let go. After that, he moves to Saudi Arabia. [San Diego Union-Tribune, 5/26/2004] It has been claimed that one day before the 9/11 attacks, Bakarbashat and others appeared to be celebrating the upcoming attacks (see Late August-September 10, 2001).

Entity Tags: Nawaf Alhazmi, Omar Bakarbashat

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on.Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on. [Source: Public domain]At the Abu Ghraib prison, three detainees who were photographed naked the day before (see October 24, 2003), are again striped naked, handcuffed together, placed on the ground, and forced to lie on top of each other and simulate sex acts while they are being photographed. This treatment happens, according to a CID (Criminal Investigation Division) investigation, “on several occasions over several days.” Those present or participating in the abuse are the MPs Spc. Charles Graner, Ivan Frederick, Pfc. Lynndie England, and Spc. Sabrina Harman, all of the 372nd MP Company. Also directly involved are three military intelligence soldiers from the 325th Military Intelligence Battalion. Two of the military intelligence soldiers arrive at the Hard Site when the abuse is already taking place. One appears to have known beforehand that something was going to happen. [Washington Post, 5/22/2004] When they arrive, one MP is yelling through a megaphone at the naked detainees, who are forced to crawl on their stomachs and are handcuffed together. Gen. George Fay will later conclude in his report (see August 25, 2004) that this incident “was most likely orchestrated by MP personnel.” On the other hand, England says, “MI [Military Intelligence] Soldiers instructed them [MPs] to rough them up.” One of the most clearly humiliating photographs taken at Abu Ghraib is also dated October 25. It depicts an unidentified naked detainee, nicknamed “Gus,” with a leash around his neck and with the end held by Pfc. England. Spc. Megan Ambuhl is also present, watching. According to England, Cpl. Graner put on the leash and then asked her to pose for the photograph. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Sabrina Harman, Megan Ambuhl, Ivan L. Frederick II, Charles Graner, Lynndie England

Timeline Tags: Torture of US Captives

Former ambassador Joseph Wilson sits down with Jeff Gannon of Talon News to discuss the outing of his wife, Valerie Plame Wilson, as a CIA agent (see July 14, 2003), his trip to Niger that helped debunk the claim that Iraq tried to buy uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003), and his concerns over the Iraq war. Wilson is unaware that Gannon is in reality James Guckert, a gay prostitute who moonlights as a fake journalist for the right-wing Talon News (see January 26, 2005 and January 28, 2005). Little of what Gannon/Guckert elicits is new information.
Access to Classified Information? - However, early in the interview, Gannon/Guckert refers to a classified memo when he says, “An internal government memo prepared by US intelligence personnel details a meeting in early 2002 where your wife, a member of the agency for clandestine service working on Iraqi weapons issues, suggested that you could be sent to investigate the reports.” The FBI will investigate Gannon/Guckert’s knowledge of the memo, but he will deny ever having seen it. It is not clear from whom he learned of the memo [Talon News, 10/28/2003; Wilson, 2007, pp. 216] , though he will insist that he received the information from “confidential sources.” [Antiwar (.com), 2/18/2005]
America Did Not Debate Redrawing the Middle East as a Rationale for War - Wilson notes that he considered “the invasion, conquest, and occupation of Iraq for the purpose of disarming Saddam [Hussein] struck me as the highest risk, lowest reward option.… [W]e ought to understand that sending our men and women to kill and to die for our country is the most solemn decision a government has to make and we damn well ought to have that debate before we get them into harm’s way instead of after.” He explains why the idea that his wife selected him for the Niger mission is incorrect. When Gannon/Guckert attempts to pin him down by citing the initial meeting in which Plame Wilson suggested Wilson for the mission (see February 13, 2002), Wilson notes, “[T]hat fact that my wife knows that I know a lot about the uranium business and that I know a lot about Niger and that she happens to be involved in weapons of mass destruction, it should come as no surprise to anyone that we know of each others activities.” Wilson says that the aims of the administration’s neoconservatives—to redraw “the political map of the Middle East,” is something that has not been debated by the nation. The US did not debate the war with Iraq “on the grounds of redrawing the map of the Middle East,” he notes.
Wilson Did Not Violate CIA Secrecy in Revealing Niger Mission - Gannon/Guckert asks if Wilson violated CIA secrecy in going public with the results of his Niger mission, as some on the right have asserted. Wilson reminds Gannon that his was not a clandestine trip, “not a CIA mission,” but an aboveboard fact-finding journey. Those circumstances were well understood by the CIA before he left for Niger.
Implications of French Complicity in Niger Allegations Debunked - Gannon/Guckert tries to insinuate that the French may have had something to do with keeping the alleged uranium sales secret, and Wilson quickly shoots that line of inquiry down, saying, “The fact that you don’t like the French or that the French seem to have favored a different approach on this is far different from the French violating UN Security Council resolutions of which they are signatories, and clandestinely transferring 500 tons of uranium to a rogue country like Iraq is a real reach.” He then describes just how impossible it would have been for the French to have facilitated such a secret uranium transfer even had it wished.
Refuses to Accuse Rove Directly - Wilson refuses to flatly name White House political strategist Karl Rove as the person behind the leaks of his wife’s clandestine identity, though he notes that Rove indeed labeled his wife “fair game” to the press (see July 21, 2003) and that Rove was in a perfect position to have orchestrated the leak. When Gannon/Guckert tells Wilson that conservative columnist Robert Novak, who first published Plame Wilson’s name and occupation, denies that the White House gave him the information on her identity, Wilson retorts, “Novak has changed his story so much that it’s hard for me to understand what he is talking about” (see September 29, 2003).
When a Leak Is Not a Leak - Gannon/Guckert brings up the allegation from New York Times columnist Nicholas Kristof that Plame Wilson was revealed as an undercover agent by Russian spy Aldrich Ames in 1994. Because Ames may have revealed Plame Wilson’s identity to the Russians, Gannon/Guckert asks, isn’t it possible that she was no longer an undercover agent? Wilson refuses to validate the Ames speculation, and finally says that the CIA would not be treating this so seriously if it were as frivolous an issue as Gannon/Guckert suggests. “[R]emember this is not a crime that has been committed against my wife or against me,” he says. “If there was a crime, it was committed against our country. The CIA has referred the matter to the Justice Department for further investigation, I don’t believe that’s a frivolous referral.” [Talon News, 10/28/2003]

Entity Tags: Federal Bureau of Investigation, James Guckert, Talon News, Robert Novak, Karl C. Rove, US Department of Justice, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The CIA’s inspector general, John Helgerson, issues a report on the use of a handgun and power drill to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri during an interrogation. A CIA officer known only as “Albert” threatened al-Nashiri with the gun and drill at a CIA black site in Poland around late 2002 (see Between December 28, 2002 and January 1, 2003). [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file; Associated Press, 9/7/2010] The incidents have already been referred to the Justice Department, which has declined to prosecute (see September 11, 2003). What conclusions Helgerson comes to in the report are unknown. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file]

Entity Tags: Office of the Inspector General (CIA), Abd al-Rahim al-Nashiri, “Albert”, John Helgerson, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Despite asking some questions about the way the CIA is putting some of its questions to high-ranking al-Qaeda detainees it is interested in (see October 2003), the 9/11 Commission fails to inquire more deeply into the harsh interrogation methods the CIA uses on detainees. One Commission staffer will say: “We did not delve deeply into the question of the treatment of the prisoners. Standards of treatment were not part of our mission.” Another will admit: “We did not ask specifically. It was not in our mandate.” In 2008, Michael Ratner, president of the Center for Constitutional Rights, will say he is “shocked” by the failure to ask about interrogation techniques, “If you’re sitting at the 9/11 Commission, with all the high-powered lawyers on the Commission and on the staff, first you ask what happened rather than guess.” [MSNBC, 1/30/2008]

Entity Tags: Michael Ratner, Center for Constitutional Rights, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body.Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body. [Source: Public domain]Detainee Manadel al-Jamadi, is brought to Abu Ghraib prison by US Navy SEAL Team 7. The Iraqi, captured during a joint Task Force 121/CIA mission, is suspected of having been involved in an attack against the International Committee of the Red Cross (ICRC). [US Department of Defense, 8/23/2004 pdf file] Members of the Navy SEAL team punch and choke Al-Jamadi and stick their fingers in his eyes. A SEAL lieutenant is involved in the abuse. [Associated Press, 1/11/2005] Al-Jamadi resists his arrest, and one SEAL Team member hits him on the head with the butt of a rifle. [US Department of Defense, 8/23/2004 pdf file] MP Spc. Dennis E. Stevanus is on duty when two CIA representatives bring the man to the Hard Site. [US Department of Defense, 8/23/2004 pdf file] Spc. Jason A. Kenner, an MP at Abu Ghraib, will later say the detainee was “in good health” when he was brought in. [Guardian, 5/20/2004] According to Kenner’s later account, the detainee’s head is covered with an empty sandbag. MPs are then ordered to take him to a shower room, and told not to remove the hood, according to Kenner. [Guardian, 5/20/2004] The detainee is then interrogated by CIA and military intelligence personnel. Less than an hour later, the detainee will be found dead (see (7:00 a.m.) November 4, 2003). [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Dennis E. Stevanus, Jason A. Kenner, Manadel al-Jamadi, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

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

Entity Tags: George W. Bush

Timeline Tags: US Health Care

Congress passes a law that states US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general will inform Congress if officials refuse to cooperate with his inquiries. President Bush issues a signing statement directly contradicting the law. According to Bush’s statement, the inspector general “shall refrain” from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations. [Boston Globe, 4/30/2006]

Entity Tags: Coalition Provisional Authority, George W. Bush

Timeline Tags: Civil Liberties

Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background.Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, detainee number 7787; Hussein Mohssein Mata al-Zayiadi, detainee number 19446; and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] At least one of them was detained on suspicion of car theft. [Los Angeles Times, 10/21/2004] When they arrive, they all have their hands tied behind their backs with plastic handcuffs. Empty sandbags (“gunnysacks”) are put over their heads. [Rolling Stone, 7/28/2004] According to an account later provided by MP Spc. Matthew Wisdom, the other MPs suddenly begin striking at the prisoners. Spc. Charles Graner, Staff Sgt. Ivan Frederick and Sgt. Javal Davis “rotate around the detainees and abuse and hit them,” Wisdom later testifies. Graner poses for a photograph with his fist, clenched as if about to strike, close to a detainee’s head. “Right after the picture [is] taken, he actually hit[s] him,” Wisdom says in his testimony. [Los Angeles Times, 8/5/2004] The MPs then throw the tied-up Iraqi men against the walls until they fall on the floor. Wisdom later recounts, “Sfc [Sgt. First Class] Snider grabbed my prisoner and threw him into a pile.” [New Yorker, 5/10/2004] Pfc. Lynndie England, who had her birthday the day before and has come to the cellblock to visit her boyfriend Spc. Graner, says the prisoners fall in what she calls a “dog pile.” [Rolling Stone, 7/28/2004] According to Wisdom, he sees “Staff Sgt. Frederic, Davis and Cpl. Graner walking around the pile hitting the prisoners.” [New Yorker, 5/10/2004] Several guards take turns leaping on top of the pile. Also present is Spc. Jeremy Sivits, who later testifies: “That is when Sgt. Davis ran across the room and lunged in the air and landed in the middle of where the detainees were. I believe Davis ran across the room a total of two times and landed in the middle of the pile of detainees.” [Washington Post, 5/22/2004] “A couple of the detainees kind of made an ‘ah’ sound, as if this hurt them or caused them some type of pain.” In the meanwhile Pfc. England and Sgt. Javal Davis stomped on the lying prisoners’ fingers and feet. Sivits heard them scream because of it. [Rolling Stone, 7/28/2004] The alleged car thief later testified during Frederick’s trial, he felt someone putting his foot on his head when he was thrown into the pile of men. “He put his whole weight on my head and on my knee. I was screaming and crying.” [Los Angeles Times, 10/21/2004] At this point, MP Sgt. Shannon K. Snider of the 372nd MP Company, who is working in an office on the top floor, hearing the cries of pain, leans over the railing and angrily yells at Sgt. Davis to stop abusing the prisoners. When Davis steps away from the pile of men, Snider leaves. “I believe that Sgt. Snider thought it was an isolated incident,” Sivits says, “and that when he ordered Sgt. Davis to stop, it was over.” [Rolling Stone, 7/28/2004] It was not. Testimony by Spc. Wisdom suggests some ringleaders among the MPs pressured the others to join in with the abuse. According to Wisdom, he too asked Davis not to stomp on toes. Davis then allegedly tells Wisdom: “Who are you to tell me to stop?” [Los Angeles Times, 8/5/2004] Wisdom witnesses Frederick hitting a prisoner “in the side of his chest.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Frederick then takes notice of Wisdom looking on. Wisdom testifies that Frederick “looked at me and said: ‘Wisdom, you’ve got to get some of this,’ meaning I should hit the detainees as well.” [Los Angeles Times, 8/5/2004] According to Wisdom’s account, he goes outside after this incident, [New Yorker, 5/10/2004] and proceeds to alert his team leader Sgt. Robert Jones. [Los Angeles Times, 8/5/2004] After Snider has left the scene, and possibly Wisdom as well, the MPs put the prisoners back to their feet and remove their handcuffs. Graner orders the detainees in Arabic to take their clothes off. Graner takes the head of one of the naked but hooded prisoners in one arm and smashes his free fist into his temple, causing the prisoner to sag down on the floor. “Damn, that hurt!” Graner says jokingly. Sivits walks over to see if the detainee is still alive. “I could tell that the detainee was unconscious, because his eyes were closed and he was not moving, but I could see his chest rise and fall, so I knew he was still alive.” Maybe this is the same incident witnessed by Wisdom, as perhaps is the following. Staff Sgt. Ivan Frederick writes an X on another detainee’s chest with his finger and says, “Watch this.” Then he punches the prisoner on the indicated spot so massively that the hooded prisoner sways backward, falls to his knees and is gasping for air. [Rolling Stone, 7/28/2004] Frederick has singled out the alleged car thief for extra punishment. “I stood him up and punched him in the chest. I was angry. They told me he was the ringleader. He hit a female soldier in the face with a rock.” [Los Angeles Times, 10/21/2004] Sivits testifies that Frederick says that “he thought he put the detainee in cardiac arrest.” [Rolling Stone, 7/28/2004] When the detainee subsequently collapses, he is checked by a female medic. She says he is “faking.” [Los Angeles Times, 10/21/2004] The seven detainees will continue to be abused into the night and will be forced to form naked human pyramids (see Evening November 7, 2003).

Entity Tags: Jeremy C. Sivits, Matthew Wisdom, Lynndie England, Nori al-Yasseri, Javal Davis, Mustafa, Sabrina Harman, Robert Jones II, Ivan L. Frederick II, Hashiem, Haydar Sabbar Abed, Ahmed, Hussein Mohssein Mata Al-Zayiadi, Charles Graner, Ahzem, Haidar, George R. Fay, New Yorker, Shannon K. Snider

Timeline Tags: Torture of US Captives

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees.Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees. [Source: Public domain]Seven Iraqi detainees in Abu Ghraib prison have been punched, attacked, and humiliated all evening long on November 7, 2003, by their US captors (see Evening November 7, 2003 and Evening November 7, 2003). This abuse continues into the early morning hours of November 8. Pfc. Lynndie England is photographed pointing at the penises of several of the same seven detainees while Charles Graner and other MPs look on. [Salon, 3/14/2006]

Entity Tags: Ahmed, Nori al-Yasseri, Lynndie England, Mustafa, Haydar Sabbar Abed, Ahzem, Charles Graner, Haidar, Hussein Mohssein Mata Al-Zayiadi, Hashiem, Ivan L. Frederick II

Timeline Tags: Torture of US Captives

Narus logo.Narus logo. [Source: Endace (.com)]Narus, a firm which manufactures telecommunications hardware, co-sponsors a technical conference in McLean, Virginia, titled “Intelligence Support Systems for Lawful Interception and Internet Surveillance.” As AT&T engineer Mark Klein (see July 7, 2009) will later write: “Police officials, FBI and DEA agents, and major telecommunications companies eager to cash in on the ‘war on terror’ had gathered in the hometown of the CIA to discuss their special problems. Among the attendees were AT&T, BellSouth, MCI, Sprint, and Verizon. Narus founder Dr. Ori Cohen gave a keynote speech.” Also speaking at the conference is William Crowley, the former deputy director of the National Security Agency (NSA). Narus is providing some of the key hardware components used in the NSA’s domestic surveillance program (see January 16, 2004). [PBS Frontline, 5/15/2007; Klein, 2009, pp. 39]

Entity Tags: Narus, AT&T, BellSouth, Mark Klein, Ori Cohen, Verizon Wireless, National Security Agency, MCI, Sprint/Nextel, William Crowley

Timeline Tags: Civil Liberties

Department of Defense Principal Deputy General Counsel Daniel Dell’Orto writes to Senator Patrick Leahy and confirms that earlier Pentagon statements (see June 25, 2003) about the treatment of detainees bind the entire executive branch. But he fails to answer specific questions about interrogation guidelines and adds that articles reporting improper treatment of detainees “often contain allegations that are untrue.” [Human Rights Watch, 5/7/2004]

Entity Tags: Patrick J. Leahy, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003.An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003. [Source: Public domain]Dog teams arrive at Abu Ghraib and “almost immediately” are used against the detainees (see November 24, 2003). Gen. George Fay’s investigation (see August 25, 2004) of Abu Ghraib abuses will conclude that, “The use of dogs in interrogations to ‘fear up’ detainees was generally unquestioned.” Most military intelligence personnel apparently believe dogs can be used in interrogations with specific approval from Col. Thomas M. Pappas. [US Department of Defense, 8/23/2004 pdf file] According to Sgt. Michael J. Smith and Sgt. Santos A. Cardona, they are acting under instructions from Col. Thomas M. Pappas when they use unmuzzled dogs to intimidate prisoners. [New York Times, 5/22/2004] And Pappas himself believes, “incorrectly,” Gen. Fay notes, that Lt. Col. Ricardo S. Sanchez has delegated this authority to him. Pappas, concludes Gen. Fay, “[i]mproperly authorized the use of dogs during interrogations.” [US Department of Defense, 8/23/2004 pdf file] Nevertheless, Gen. Fay also believes, “there were early indications that MP and MI [Military Intelligence] personnel knew the use of dog teams in interrogations was abusive.” Only the Army dog teams join in with the abuse. Three Navy dog teams, who arrive simultaneously at Abu Ghraib, refuse to lend their dogs for interrogation purposes. The Navy dog handlers always ask for what specific purpose the dog is required, and when they are told “for interrogation,” they refuse to comply. “Over the next few weeks, the Navy dog teams received about eight similar calls, none of which [are] fulfilled.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Ricardo S. Sanchez, Michael J. Smith, George R. Fay, Santos A. Cardona, Thomas M. Pappas

Timeline Tags: Torture of US Captives

Jack Goldsmith, the new head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), finds himself embroiled in a huge, if secretive, controversy over Justice Department lawyer John Yoo’s torture memos (see January 9, 2002 and January 25, 2002). Yoo, who wrote the original memos over former OLC chief Jay Bybee’s signature, had placed the OLC in the position of asserting that torture can indeed be used against terror suspects. Goldsmith disagrees, feeling that Yoo’s definitions of torture are far too narrow and give far too much latitude to US interrogators. He also believes that Yoo’s assertions of near-unchecked presidential power to authorize torture—at the direct expense of Congressional and judicial oversight—has no legal basis. And, Goldsmith worries, the opinions could be interpreted as a clumsy, “tendentious” attempt to protect Bush officials from criminal charges. The conflict between Goldsmith and Yoo will cost the two men their friendship. “I was basically taking steps to fix the mistakes of a close friend, who I knew would be mad about it,” Goldsmith will recall in 2007. “We don’t talk anymore, and that’s one of the many sad things about my time in government.” Goldsmith decides to withdraw the follow-up March 2003 torture memo, and tells White House officials they cannot rely on it any longer. Actually doing so proves a tricky business. [New York Times Magazine, 9/9/2007]
'Serious, Serious Problems' - Goldsmith will say in September 2007: “As soon as I absorbed the opinions I realized… that my reaction to them was a big problem. The Office of Legal Counsel rarely overturns its prior opinions, and even more rarely does so within an administration, and even more rarely than that, in the same administration about something this important. I didn’t find any precedent for it. And I did not want to do anything to affect either the programs or the underlying opinions. But they were serious, serious problems, and I knew if and when I was asked to stand by them that I would have a very hard time doing so.” [Newsweek, 9/8/2007]
Pressure from Abu Ghraib Scandal - The legal and bureaucratic niceties of withdrawing the memos become moot when, in April 2004, the Abu Ghraib scandal breaks (see Mid-April 2004), and when in June 2004, the first memo is leaked to the media. “After the leak, there was a lot of pressure on me within the administration to stand by the opinion,” he later says, “and the problem was that I had decided six months earlier that I couldn’t stand by the opinion.” [New York Times Magazine, 9/9/2007] “I had determined that the analysis was flawed,” he will recall. “But I hadn’t determined the underlying techniques were illegal. After Abu Ghraib, there was enormous pressure for me to stand by the decisions… and I couldn’t do so. I had already made up my mind many months earlier and I wasn’t about to change it. But I struggled for several days with what the consequences might be of withdrawing the opinion, because I wasn’t in the position to make an independent ruling on the other techniques. I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. So I struggled to repudiate the flawed opinion while not causing massive disruption and fright throughout the counterterrorism world related to interrogation. And I ultimately decided that I had to withdraw those and under suspicions, stand by it, because it was so thoroughly flawed.” [Newsweek, 9/8/2007]
White House Resists Change - Though Goldsmith has the support of his boss, Attorney General John Ashcroft, Ashcroft’s deputy, James Comey, and his own deputy, Patrick Philbin, he knows the White House will fight the withdrawal. Goldsmith will decide to issue the withdrawal and then resign his position (see June 17, 2004), effectively forcing the administration to either quietly accept the withdrawal, or fight it and make his resignation a media circus. “If the story had come out that the US government decided to stick by the controversial opinions that led the head of the Office of Legal Counsel to resign, that would have looked bad,” he later recalls. “The timing was designed to ensure that the decision stuck.” Vice President Dick Cheney’s chief aide, David Addington, among other White House officials, is furious over the withdrawal of the torture opinion (interestingly, White House counsel and future attorney general Alberto Gonzales will modify his own opposition to the withdrawals later, telling Goldsmith in 2007, “I guess those opinions really were as bad as you said”). [New York Times Magazine, 9/9/2007]
Expansion of Presidential Power - Addington asks Goldsmith incredulously, “Why are you trying to give away the president’s power?” Like Cheney, Addington believes, in Goldsmith’s words, “that the very act of asking for Congress’s help would imply, contrary to the White House line, that the president needed legislative approval and could not act on his own. The president’s power would diminish, Addington thought, if Congress declined its support once asked, especially if it tried to restrict presidential power in some way. Congress had balked, during the month after 9/11, at giving the president everything he had asked for in the Congressional authorization to use force and the Patriot Act. Things would only be worse in 2004 and beyond, Addington believed.” Addington’s two questions are always, Goldsmith writes, “‘Do we have the legal power to do it ourselves?’ (meaning on the president’s sole authority), and ‘Might Congress limit our options in ways that jeopardize American lives?’” While Goldsmith and his colleagues agree that the president has the power, and that seeking Congressional approval might tie the White House’s hands more so than the administration is willing to accept, Goldsmith worries that an unfavorable Supreme Court decision would undercut Bush’s authority much more so than any restrictions passed by a compliant, Republican-led Congress. Addington sees things in very simple terms: ”“We’re going to push and push and push until some larger force makes us stop,” Addington says on several occasions. Addington tells Goldsmith, “Now that you’ve withdrawn legal opinions that the president of the United States has been relying on, I need you to go through all of [the OLC terror memos] and let me know which ones you still stand by.” Goldsmith will do just that, further angering Addington. [Savage, 2007, pp. 184; Slate, 9/11/2007]
Absolute Power Required to Defend Nation - Goldsmith later writes: “He and, I presumed, his boss viewed power as the absence of constraint. These men believed that the president would be best equipped to identify and defeat the uncertain, shifting, and lethal new enemy by eliminating all hurdles to the exercise of his power. They had no sense of trading constraint for power. It seemed never to occur to them that it might be possible to increase the president’s strength and effectiveness by accepting small limits on his prerogatives in order to secure more significant support from Congress, the courts, or allies. They believed cooperation and compromise signaled weakness and emboldened the enemies of America and the executive branch. When it came to terrorism, they viewed every encounter outside the innermost core of most trusted advisers as a zero-sum game that if they didn’t win they would necessarily lose.” [Slate, 9/11/2007]

Entity Tags: John Ashcroft, John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), James B. Comey Jr., David S. Addington, Patrick F. Philbin, Alberto R. Gonzales, Bush administration (43), Daniel Levin, Jack Goldsmith, US Department of Justice

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

A detainee is attacked by a dog on December 12, 2003.A detainee is attacked by a dog on December 12, 2003. [Source: Public domain]A detainee, who appears to be mentally unstable, is bitten by a dog in the Hard Site at Abu Ghraib. The incident is photographed, and according to the later report (see August 25, 2004) by Gen. George Fay, “appears to be the result of MP harassment and amusement.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay

Timeline Tags: Torture of US Captives

President Musharraf’s car damaged in one of the  assassination attempts.President Musharraf’s car damaged in one of the assassination attempts. [Source: Mian Khursheed / Reuters]On December 14, 2003, Pakistani President Pervez Musharraf survives an assassination attempt when a powerful bomb goes off 30 seconds after his highly-guarded convoy crosses a bridge in Rawalpindi, Pakistan. The heavily guarded bridge is just a mile from Musharraf’s house, yet militants were able to spend severals days tying explosives to the pylons below it. His life is saved by a jamming device in his car given to him by the FBI, which temporarily jams all telephone signals and thus delays the explosion. On December 25, 2003, two suicide bombers launch another attempt to assassinate Musharraf, driving car bombs into his convoy a short distance from the location of the previous attack. Their car bombs fail to kill him and he escapes with only a cracked windscreen on his car, but 16 others nearby are killed.
Investigation - The identities of the two suicide bombers are soon discovered. One is Mohammed Jamil, a member of the Jaish-e-Mohammed (JEM) militant group who fought with the Taliban. The other is Hazir Sultan, who also fought with the Taliban. The memory chip from Jamil’s phone is found in the debris, and it is discovered he talked to a policeman who told him the timing of Musharraf’s convoy. Only a handful of military officers knew the route and timing of Musharraf’s travels and which of several identical cars he would be using at any given time, suggesting that elements within the military were involved in the attacks. Investigators also discover that the explosives used in the attacks came from an al-Qaeda camp in the Pakistani tribal area of South Waziristan. [Rashid, 2008, pp. 230-232]
Militant Leaders against Musharraf - Osama bin Laden apparently called for Musharraf’s overthrow in October 2002 (see October 9, 2002), and Ayman al-Zawahiri apparently did the same in September 2003 (see September 28, 2003). In the months prior to the assassination attempts, Maulana Masood Azhar, head of JEM, gave a speech at a prominent mosque calling for Musharraf’s assassination. [BBC, 7/27/2007]
Limited Crackdown - Musharraf responds by reshuffling positions in the military high command. More than 150 military and security personnel will eventually be arrested and interrogated. Twelve suspects are eventually found guilty and sentenced to death for roles in the attacks; at least six are military officers. It is believed the suicide bombers and these officers were recruited and trained by Amjad Farooqi, a JEM leader also closely linked to al-Qaeda and the Taliban. Al-Qaeda leader Abu Faraj al-Libbi, said to be Farooqi’s superior, is also allegedly involved. A massive manhunt for Farooqi and al-Libbi will ensue. Farooqi will eventually be killed in September 2004 (see September 27, 2004) and al-Libbi captured in May 2005 and taken into US custody (see May 2, 2005). However, Musharraf’s response is relatively restrained. He avoids calls to launch a crackdown on the entire Islamist militant movement in Pakistan. He does not ban any militant groups, nor does he arrest militant leaders, not even Azhar, the head of JEM who had publicly called for his assassination. (JEM had been banned in Pakistan for a second time the month before (see November 2003).) He does allow the Pakistani Army to attack the safe haven of South Waziristan several months later, but only after the US gives him an ultimatum, essentially forcing him to do so (see March 18- April 24, 2004). [BBC, 9/27/2004; Rashid, 2008, pp. 230-232]

Entity Tags: Mohammed Jamil, Maulana Masood Azhar, Pervez Musharraf, Osama bin Laden, Ayman al-Zawahiri, Hazir Sultan, Abu Faraj al-Libbi, Jaish-e-Mohammed, Al-Qaeda, Amjad Farooqi

Timeline Tags: Complete 911 Timeline

The US Supreme Court agrees to hear Vice President Cheney’s appeal of a lower court ruling that found he must reveal documents pertaining to his 2001 energy task force (the National Energy Policy Development Group—see January 29, 2001 and May 16, 2001). Cheney lost the case, filed by the conservative government watchdog group Judicial Watch and the environmentalist organization the Sierra Club, in two lower courts, and has ramrodded the case into the Supreme Court with unusual alacrity—filing the Supreme Court appeal even before the appeals court had finished the case. Cheney’s lawyers from the Justice Department will argue that because of the Constitutional provision of separation of powers, the executive branch can and should keep all such information secret if it so chooses. Judicial Watch and the Sierra Club insist that because energy executives and lobbyists were involved in the task force policy deliberations, federal law mandates that lists of participants and details of the meetings should be made public. Over a year ago, District Court Judge Emmet Sullivan ruled that the White House should either turn over the documents or provide a detailed list of the documents it was withholding, and explain why. The White House has done neither, and instead appealed the decision. The US Court of Appeals refused to overturn Sullivan’s decision and ruled that Cheney had no legal standing to refuse the judicial order. Cheney disagreed, and appealed to the Supreme Court. The Court will hear arguments in the spring of 2004 (see April 27, 2004). Thousands of documents concerning the task force from the Department of Energy, the Environmental Protection Agency, and other federal agencies have already been turned over (see July 17, 2003), but no White House documents have been released. The Sierra Club has accused the Bush administration of trying to delay release of the information until after the November 2004 presidential elections. [Reuters, 12/15/2003]

Entity Tags: US Supreme Court, US Department of Justice, Sierra Club, Environmental Protection Agency, Emmet Sullivan, Bush administration (43), US Department of Energy, Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

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

Entity Tags: Jose Padilla, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

Patrick Fitzgerald.Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. [Office of the Deputy Attorney General, 12/30/2003 pdf file; Associated Press, 12/30/2003; New York Times, 12/31/2003]
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” [New York Times, 12/31/2003]
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. [Wilson, 2007, pp. 174-175]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, US Department of Justice, John Dion, Patrick J. Fitzgerald, James B. Comey Jr., Bush administration (43), Charles Schumer, Howard Dean, George W. Bush, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

Jack Goldsmith, the embattled head of the Justice Department’s Office of Legal Counsel (OLC) (see October 6, 2003), finds himself again mired in a conflict with Vice President Dick Cheney’s hardline chief aide, David Addington. Goldsmith has already fought with Addington over Goldsmith’s decision to withdraw the OLC’s support for the administration’s memos justifying torture (see December 2003-June 2004). Now Goldsmith and Addington are at odds over the policies governing the detention and trial of suspected terrorists. The spark for this conflict is the January 2004 Supreme Court decision to review the detention of US citizen and suspected “enemy combatant” Yaser Esam Hamdi (see January 9, 2004). Goldsmith suggests going to Congress to have that body pass legislation declaring such detention legal, reasoning that the Supreme Court would be less likely to rule against the administration if Congress had authorized such detention policies. Addington, who like his boss does not accept the idea that Congress has any business interfering in such policy decisions, refuses to countenance the idea, and Goldsmith’s proposal goes nowhere. In June 2004, the Supreme Court approves the detention policies but put modest legal restrictions on the administration’s ability to detain citizens without trial. Goldsmith, this time with deputy solicitor general Paul Clement, again suggests going to Congress; once again, Addington refuses. The White House, Goldsmith later says, continues to operate as if it could avoid any adverse decisions from the Supreme Court. When the Court issues its decision in the Hamdan case (see November 8, 2004), rejecting the administration’s policy of trying terror suspects in military tribunals without Congressional approval, and upholding the preeminence of the Third Geneva Convention in protecting the rights of accused terror detainees—including al-Qaeda suspects—the decision has a shattering effect on the Bush administration’s legal arguments towards detaining and trying those suspects. Goldsmith believes the Court’s decision is “legally erroneous” but has huge political consequences. Now detainees at Guantanamo Bay have more legal rights than ever before, and for the first time, the specter of war-crimes charges against Bush officials becomes a real possibility. Goldsmith later says that it is in these arguments, more than in the battles over domestic wiretapping or interrogation techniques, that Addington’s attempts to expand presidential power actually backfires. Goldsmith is later vindicated when, in September 2006, one of the last acts of the Republican-led Congress will give the administration every power the administration had asked for, authorizing the military commissions that the Court had rejected. The Bush administration could have avoided a damaging Court decision by working with Congress beforehand. “I’m not a civil libertarian, and what I did wasn’t driven by concerns about civil liberties per se,” he says in a 2007 interview. “It was a disagreement about means, not ends, driven by a desire to make sure that the administration’s counterterrorism policies had a firm legal foundation.” [New York Times Magazine, 9/9/2007]

Entity Tags: US Department of Justice, Yaser Esam Hamdi, US Supreme Court, Paul Clement, Al-Qaeda, Bush administration (43), David S. Addington, Jack Goldsmith, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]

Entity Tags: Ron Roos, Bush administration (43), Federal Bureau of Investigation, Karl C. Rove, Scott McClellan, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The Supreme Court accepts the habeas case of Yaser Esam Hamdi. For two years, Hamdi has been in detention and has been barred from seeing an attorney, and all the while not having any information about charges against him or of an upcoming trial. “I didn’t know what was going on. Really, I didn’t know anything,” Hamdi later recalls. “I was just in a big question mark, and I didn’t know any answers to any questions.” [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi, US Supreme Court

Timeline Tags: Torture of US Captives, Civil Liberties

The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]

Entity Tags: 9/11 Commission, Sandy Berger

Timeline Tags: Complete 911 Timeline

A sample page from Mark Klein’s AT&T documentation.A sample page from Mark Klein’s AT&T documentation. [Source: Mark Klein / Seattle Times]Senior AT&T technician Mark Klein (see July 7, 2009), gravely concerned by the National Security Agency (NSA) spying operation going on in AT&T’s San Francisco facility (see October 2003) and now in possession of documents which prove the nature and scope of the telecommunications surveillance activities (see Fall 2003 and Late 2003), writes a memo summarizing his findings and conclusions. He appends eight pages of the unclassified documents he has in his possession, along with two photographs and some material from the Internet which documents the sophisticated surveillance equipment being used to gather data from AT&T’s electronic transmissions. The NSA and AT&T were, he later says, “basically sweeping up, vacuum-cleaning the Internet through all the data, sweeping it all into this secret room.… It’s the sort of thing that very intrusive, repressive governments would do, finding out about everybody’s personal data without a warrant. I knew right away that this was illegal and unconstitutional, and yet they were doing it.… I think I’m looking at something Orwellian. It’s a government, many-tentacled operation to gather daily information on what everybody in the country is doing. Your daily transactions on the Internet can be monitored with this kind of system, not just your Web surfing. All kinds of business that people do on the Internet these days—your bank transactions, your email, everything—it sort of opens a window into your entire private life, and that’s why I thought of the term ‘Orwellian.’ As you know, in [George] Orwell’s story [1984], they have cameras in your house, watching you. Well, this is the next best thing.… So I was not only angry about it; I was also scared, because I knew this authorization came from very high up—not only high up in AT&T, but high up in the government. So I was in a bit of a quandary as to what to do about it, but I thought this should be halted.”
Gathering 'the Entire Data Stream' - In his memo, Klein concludes that the NSA is using “splitter” equipment to copy “the entire data stream [emphasis in the original] and sent it to the [NSA’s] secret room for further analysis.” Klein writes that the splitters actually “split off a percentage of the light signal [from the fiber optic circuits] so it can be examined. This is the purpose of the special cabinet… circuits are connected into it, the light signal is split into two signals, one of which is diverted to the ‘secret room.’ The cabinet is totally unnecessary for the circuit to perform—in fact, it introduces problems since the signal level is reduced by the splitter—its only purpose is to enable a third party [the NSA] to examine the data flowing between sender and recipient on the Internet.” (Emphasis in the original.) In his book, Klein will explain that “each separate signal,” after being split, “contains all the information, nothing is lost, so in effect the entire data stream has been copied.” He will continue: “What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: email, Web browsing, voice-over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy.” Klein later explains to a reporter: “The signals that go across fiber optics are laser light signals. It’s light basically that runs through a fiber optic, which is a clear glass fiber, and it has to be at a certain level for the routers to see the light and interpret the data correctly. If the light gets too low, just as if you get a weak flashlight with bad batteries, at a certain point it doesn’t work. If the light level drops too low, the router starts dropping bits and getting errors, and eventually you get loss of signal, and it just doesn’t work at all.… The effect of the splitter is to reduce the strength of the signal, and that may or may not cause a problem, depending on how much the signal is reduced.” A telecommunications company would not, as a rule, use such a splitter on its backbone Internet traffic because of the risk of degraded signal quality. “You want to have as few connections on your main data lines as possible,” Klein will say, “because each connection reduces the signal strength, and a splitter is a connection, and if you can avoid that, all the better.”
Inherently Illegal - Klein will explain that there is no way these activities are legal: “There could not possibly be a legal warrant for this, since according to the Fourth Amendment, warrants have to be specific, ‘particularly describing the place to be searched and the persons or things to be seized.’ It was also a blatant violation of the 1978 Foreign Intelligence Surveillance Act [FISA—see 1978], which calls for specific warrants as required by the Fourth Amendment. This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 37, 119-133]
The Narus STA 6400 - Klein discusses one key piece of equipment in the NSA’s secret room, the Narus STA 6400 (see Late 2003). Narus is a firm that routinely sells its equipment not only to telecom firms such as AT&T, “but also to police, military, and intelligence officials” (see November 13-14, 2003). Quoting an April 2000 article in Telecommunications magazine, Klein writes that the STA 6400 is a group of signal “traffic analyzers that collect network and customer usage information in real time directly from the message.… These analyzers sit on the message pipe into the ISP [Internet Service Provider] cloud rather than tap into each router or ISP device.” Klein quotes a 1999 Narus press release that says its Semantic Traffic Analysis (STA) technology “captures comprehensive customer usage data… and transforms it into actionable information… [it] is the only technology that provides complete visibility for all Internet applications.” The Narus hardware allows the NSA “to look at the content of every data packet going by, not just the addressing information,” Klein will later write.
A 'Dream Machine for a Police State' - Klein later writes of the Narus STA 6400: “It is the dream machine of a police state, one that even George Orwell could not imagine. Not only does it enable the government to see what millions of people are saying and doing every day, but it can build up a database which reveals the connections among social groups—who’s calling and emailing whom. Such a device can easily be turned against all dissident protest groups, and even the Democratic and Republican parties, with devastating effect. And it’s in the hands of the executive power, in total secrecy.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; Klein, 2009, pp. 37-40] In support of the memo and an ensuing lawsuit against AT&T (see January 31, 2006), Klein will later write: “Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or is otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” [Wired News, 4/7/2006]

Entity Tags: National Security Agency, Narus, Mark Klein, Foreign Intelligence Surveillance Act, AT&T

Timeline Tags: Civil Liberties

George W. Bush gives the third state of the union address of his presidency. He states that the Iraq Survey Group found “weapons of mass destruction-related program activities” in Iraq and claims that had his administration “failed to act, the dictator’s weapons of mass destruction program would continue to this day.” [Los Angeles Times, 11/20/2005] Throughout his address, Bush plays down the WMD issue, which had driven his rhetoric before the invasion (see 9:01 pm January 28, 2003). Now he focuses on the “liberation” of Iraq. He also challenges those who, like Democratic presidential frontrunner John Kerry (D-MA), advocate using law enforcement methodologies over military methods to combat terrorism. “I know that some people question if America is really in a war at all,” he says. “After the chaos and carnage of September the 11th, it is not enough to serve our enemies with legal papers.” Author and media critic Frank Rich will later write that this speech is the opening salvo in the Republicans’ strategy of “characterizing political opponents as less manly than the Top Gun president.” [Rich, 2006, pp. 114]

Entity Tags: Frank Rich, George W. Bush, John Kerry

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

Following the arrest of German national Khalid el-Masri in Macedonia (see December 31, 2003-January 23, 2004), a dispute breaks out at CIA headquarters over what to do with him. Alfreda Frances Bikowsky, a manager at Alec Station, the CIA’s bin Laden unit, argues that el-Masri should be rendered to Afghanistan. Author Jane Mayer will describe Bikowsky as a “tall, pale-skinned, spiky-haired redhead who wore bright red lipstick” and indicate she is a former Soviet analyst who had been at Alec Station during the pre-9/11 failures. Mayer will add that she “was particularly controversial among many of her male colleagues for her ferociousness,” and, that she was “reviled by some male colleagues for what they regarded as her aggression.” Lacking proof against el-Masri, Bikowsky argues that the man in custody is probably a terrorist and should be taken to a black site. [Mayer, 2008, pp. 35, 273, 282-283] A former CIA officer will say: “She didn’t really know. She just had a hunch.” [Washington Post, 12/4/2005] Mayer will attribute Bikowsky’s determination to having been part of the unit when it failed before 9/11. Other officers suggest they should wait to see whether el-Masri’s passport, suspected of being a forgery, is genuine or not, and point out there is no evidence he was anything but a tourist on holiday when he was arrested. However, Bikowsky does not trust the Germans, apparently thinking them soft on terrorism, and does not want to wait. Another problem is that these discussions occur during the holiday period and, by the time the CIA’s station in Germany looks at the paperwork, el-Masri is already on his way to Afghanistan (see January 23 - March 2004). [Mayer, 2008, pp. 282-283] Bikowsky will also make a sight-seeing trip to see alleged 9/11 mastermind Khalid Shaikh Mohammed waterboarded (see After March 7, 2003), will be considered for the position of deputy station chief in Baghdad (see (March 23, 2007)), and may be interviewed by the CIA’s inspector general during its investigation into torture (see July 16, 2003).

Entity Tags: Khalid el-Masri, Central Intelligence Agency, Alec Station, Alfreda Frances Bikowsky

Timeline Tags: Torture of US Captives

Al-Qaeda leader Hassan Ghul is caught at the Iraq-Iran border. Details are sketchy, both about the arrest and Ghul himself, who has never been publicly mentioned before. Several days later, President Bush will say: “[L]ast week we made further progress in making America more secure when a fellow named Hassan Ghul was captured in Iraq. [He] reported directly to [9/11 mastermind] Khalid Shaikh Mohammed.… He was captured in Iraq, where he was helping al-Qaeda to put pressure on our troops.” [Washington Post, 1/27/2004] Ghul had been living in Pakistan, but the Pakistani government refused to arrest him, apparently because he was linked to a Pakistani military group supported by Pakistani intelligence (see (2002-January 23, 2004)). Pakistan is reportedly furious when it is told he has been arrested in Iraq. [Associated Press, 6/15/2011] US officials point to his arrest as proof that al-Qaeda is heavily involved in the resistance in Iraq. One official says that Ghul was “definitely in Iraq to promote an al-Qaeda, Islamic extremist agenda.” [Fox News, 1/24/2004] The 9/11 Commission will later claim: “Hassan Ghul was an important al-Qaeda travel facilitator who worked with [al-Qaeda leader] Abu Zubaida assisting Arab fighters traveling to Afghanistan. In 1999, Ghul and Zubaida opened a safe house under the cover of an import/export business in Islamabad [Pakistan]. In addition, at Zubaida’s request, Ghul also successfully raised money in Saudi Arabia.” [9/11 Commission, 8/21/2004, pp. 64 pdf file] But despite acknowledgment from Bush that Ghul is in US custody, Ghul subsequently completely disappears, becoming a “ghost detainee.” Apparently, he will provide vital intelligence during US interrogation (see Shortly After January 23, 2004). The US will eventually transfer Ghul to Pakistani custody (see (Mid-2006)), and Pakistan will release him, allowing him to rejoin al-Qaeda (see (Mid-2007)).

Entity Tags: Khalid Shaikh Mohammed, Hassan Ghul, Abu Zubaida, George W. Bush

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The FBI’s on-scene commander in Baghdad sends an e-mail to senior FBI officials at FBI headquarters in Washington, discussing the allegations of abuse at Abu Ghraib prison. The e-mail advises the senior officials not to investigate the allegations. “We need to maintain good will and relations with those operating the prison,” it reads. “Our involvement in the investigation of the alleged abuse might harm our liaison.” [American Civil Liberties Union, 2/23/2006]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Former CIA Director George Tenet privately testifies before the 9/11 Commission. He provides a detailed account of an urgent al-Qaeda warning he gave to the White House on July 10, 2001 (see July 10, 2001). According to three former senior intelligence officials, Tenet displays the slides from the PowerPoint presentation he gave the White House and even offers to testify about it in public. According to the three former officials, the hearing is attended by commissioner Richard Ben-Veniste, the commission’s executive director Philip Zelikow, and some staff members. When Tenet testifies before the 9/11 Commission in public later in the year, he will not mention this meeting. The 9/11 Commission will neglect to include Tenet’s warning to the White House in its July 2004 final report. [McClatchy Newspapers, 10/2/2006] Portions of a transcript of Tenet’s private testimony will be leaked to reporters in 2006. According to the transcript, Tenet’s testimony included a detailed summary of the briefing he had with CIA counterterrorism chief Cofer Black on July 10 (see July 10, 2001). The transcript also reveals that he told the commission that Black’s briefing had prompted him to request an urgent meeting with Rice about it. This closely matches the account in Woodward’s 2006 book that first widely publicized the July meeting (see September 29, 2006). [Washington Post, 10/3/2006] Shortly after Woodward’s book is published, the 9/11 Commission staff will deny knowing that the July meeting took place. Zelikow and Ben-Veniste, who attended Tenet’s testimony, will say they are unable to find any reference to it in their files. But after the transcript is leaked, Ben-Veniste will suddenly remember details of the testimony (see September 30-October 3, 2006) and will say that Tenet did not indicate that he left his meeting with Rice with the impression he had been ignored, as Tenet has alleged. [New York Times, 10/2/2006] Woodward’s book will describe why Black, who also privately testified before the 9/11 Commission, felt the commission did not mention the July meeting in their final report: “Though the investigators had access to all the paperwork about the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about. It was what happened in investigations. There were questions they wanted to ask, and questions they didn’t want to ask.” [Woodward, 2006, pp. 78]

Entity Tags: Richard Ben-Veniste, Philip Zelikow, White House, Cofer Black, Central Intelligence Agency, Condoleezza Rice, 9/11 Commission, Al-Qaeda, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph.Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph. [Source: Public domain via Wikipedia] (click image to enlarge)Following unsuccessful attempts by the 9/11 Commission to get direct access to high-value detainees on which some sections of its report will be based (see Summer 2003 and November 5, 2003-January 2004), the Commission decides to add a disclaimer to its report at the beginning of Chapter 5, the first of two that describe the development of the 9/11 plot. The disclaimer, entitled “Detainee Interrogation Reports,” reads: “Chapters 5 and 7 rely heavily on information obtained from captured al-Qaeda members. A number of these ‘detainees’ have firsthand knowledge of the 9/11 plot. Assessing the truth of statements by these witnesses—sworn enemies of the United States—is challenging. Our access to them has been limited to the review of intelligence reports based on communications received from the locations where the actual interrogations take place. We submitted questions for use in the interrogations, but had no control over whether, when, or how questions of particular interest would be asked. Nor were we allowed to talk to the interrogators so that we could better judge the credibility of the detainees and clarify ambiguities in the reporting. We were told that our requests might disrupt the sensitive interrogation process. We have nonetheless decided to include information from captured 9/11 conspirators and al-Qaeda members in our report. We have evaluated their statements carefully and have attempted to corroborate them with documents and statements of others. In this report, we indicate where such statements provide the foundation for our narrative. We have been authorized to identify by name only ten detainees whose custody has been confirmed officially by the US government.” [9/11 Commission, 7/24/2004, pp. 146] Most of the endnotes to the report indicate the sources of information contained in the main body of the text. Of the 132 endnotes for Chapter 5, 83 of them cite detainee interrogations as a source of information contained in the report. Of the 192 endnotes for Chapter 7, 89 cite interrogations. [9/11 Commission, 7/24/2004, pp. 488-499, 513-533] The interrogation of 9/11 mastermind Khalid Shaikh Mohammed (KSM) is mentioned as a source 211 times. [9/11 Commission, 7/24/2004] He was repeatedly waterboarded and tortured (see Shortly After February 29 or March 1, 2003) and it will later be reported that up to 90 percent of the information obtained from his interrogations may be unreliable (see August 6, 2007). Interestingly, the 9/11 Commission sometimes seems to prefer KSM’s testimony over other sources. For instance, in 2003 the 9/11 Congressional Inquiry reported that the CIA learned in 1996 that KSM and bin Laden traveled together to a foreign country in 1995, suggesting close ties between them (see 1996). But the 9/11 Commission will ignore this and instead claim, based on KSM’s interrogation, that KSM and bin Laden had no contact between 1989 and late 1996. [US Congress, 7/24/2003; 9/11 Commission, 7/24/2004, pp. 148-148, 489] The interrogations of al-Qaeda leader Khallad bin Attash are used as a source 74 times, 9/11 hijacker associate Ramzi bin al-Shibh, 68 times, al-Qaeda leader Abd al-Rahim al-Nashiri, 14 times, al-Qaeda leader Hambali, 13 times, and and a generic “interrogation[s] of detainee” is used as a source 57 times. [9/11 Commission, 7/24/2004] Most of these detainees are said to be tortured (see May 2002-2003 and Shortly After February 29 or March 1, 2003). Although the CIA videotaped some of the interrogations, it does not pass the videos to the 9/11 Commission (see Summer 2003-January 2004). Slate magazine will later say that these detainees’ accounts are “woven into the commission’s narrative, and nowhere does the 9/11 report delve into interrogation tactics or make any recommendations about the government’s continuing or future practices. That wasn’t the commission’s mandate. Still, one wonders where video evidence—or the knowledge that such evidence was being withheld—might have led it.” [Slate, 12/10/2007]

Entity Tags: Ramzi bin al-Shibh, Khalid Shaikh Mohammed, 9/11 Commission, Abd al-Rahim al-Nashiri, Hambali, Khallad bin Attash

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Police photo of Tom DeLay, after his 2005 indictment on election fraud charges.Police photo of Tom DeLay, after his 2005 indictment on election fraud charges. [Source: Mug Shot Alley]The co-founder and editor of the American Prospect, Robert Kuttner, subjects the 2002 House of Representatives to scrutiny, and concludes that under the rule of House Majority Leader Tom DeLay (R-TX), it is well on its way to becoming what he calls a “dictatorship.” Kuttner writes that such authoritarian rule in “the people’s chamber” of Congress puts the US “at risk of becoming an autocracy.” He explains: “First, Republican parliamentary gimmickry has emasculated legislative opposition in the House of Representatives (the Senate has other problems). [DeLay] has both intimidated moderate Republicans and reduced the minority party to window dressing.… Second, electoral rules have been rigged to make it increasingly difficult for the incumbent party to be ejected by the voters, absent a Depression-scale disaster, Watergate-class scandal, or Teddy Roosevelt-style ruling party split.… Third, the federal courts, which have slowed some executive branch efforts to destroy liberties, will be a complete rubber stamp if the right wins one more presidential election. Taken together, these several forces could well enable the Republicans to become the permanent party of autocratic government for at least a generation.” Kuttner elaborates on his rather sweeping warnings.
Legislative Dictatorship - The House, and to a lesser extent the Senate, used to have what was called a “de facto four-party system”: liberal Democrats; Southern “Dixiecrats” who, while maintaining their membership as Democrats largely due to lingering resentment of Republicans dating back to the Civil War, often vote with Republicans; conservative Republicans; and moderate-to-liberal “gypsy moth” Republicans, who might vote with either party. Rarely did one of the four elements gain long-term control of the House. Because of what Kuttner calls “shifting coalitions and weak party discipline,” the majority party was relatively respectful of the minority, with the minority free to call witnesses in hearings and offer amendments to legislation. In the House, that is no longer true. While the House leadership began centralizing under House Speaker Jim Wright (D-TX) between 1987 and 1989, the real coalescence of power began under Speaker Newt Gingrich (R-GA) between 1995 and 1999. The process, Kuttner asserts, has radically accelerated under DeLay and Speaker Dennis Hastert (R-IL).
Centralized Legislation - Under current practices, even most Republicans do not, as a rule, write legislation—that comes from DeLay and Hastert. Drastic revisions to bills are often rammed through late in the evening, with little or no debate. The Republican leadership has classified legislation as “emergency” measures 57 percent of the time, allowing them to be voted on with as little as 30 minutes of debate. Kuttner writes, “On several measures, members literally did not know what they were voting for.” Legislation written and proposed by Democrats rarely gets to the floor for debate. Amendments to legislation is also constrained, almost always coming from Hastert and DeLay. “[V]irtually all major bills now come to the floor with rules prohibiting amendments.” DeLay enforces rigid party loyalty, threatening Republican members who resist voting for the leadership’s bills with loss of committee assignments and critical campaign funds, and in some circumstances with DeLay’s sponsoring primary opponents to unseat the uncooperative member in the next election.
Democrats Shut out of Conferences - In the House, so-called “conference committees,” where members work to reconcile House and Senate versions of legislation, have become in essence one-party affairs. Only Democrats who might support the Republican version of the bill are allowed to attend. The conference committee then sends a non-amendable bill to the floor for a final vote.
No Hearings - The general assumption is that House members debate bills, sometimes to exhaustion, on the chamber floor. No more. Before DeLay, bills were almost never written in conference committees. Now, major legislation is often written in conference committee; House members often never see the legislation until it has been written in final, non-amendable form by DeLay and his chosen colleagues.
Abuse of Appropriations - Appropriations, or funding of events authorized by legislation, are ripe for use and misuse by the one-party leadership. Many appropriations bills must pass in order for Congress or other entities of the government to continue functioning. While “earmarks”—“pork-barrel” appropriations for individual members’ pet projects and such—are nothing new, under Gingrich and later Hastert/DeLay, the use of earmarks has skyrocketed. Huge earmarks are now routinely attached to mandatory appropriations bills. DeLay has perfected a technique known as “catch and release.” On close pending votes, the House Republican Whip Organization, made up of dozens of regional whips, will target the small but critical number of Republicans who might oppose the legislation. Head counts are taken; as members register (and change) their votes, some are forced to vote against their consciences (or their constituents) and others are allowed to vote no. Kuttner writes, “Basically, Republican moderates are allowed to take turns voting against bills they either oppose on principle or know to be unpopular in their districts.” This allows the member to save at least some face with their constituents. Under Wright, Republican members such as then-Representative Dick Cheney (R-WY) were outraged when Wright held a vote open for 15 minutes after voting was to end; Cheney called it “the most arrogant, heavy-handed abuse of power I’ve ever seen in the 10 years that I’ve been here.” It is not unusual for DeLay to hold votes open for up to three hours to get recalcitrant members in line. [American Prospect, 2/1/2004] In 2006, author John Dean will note that when the Republicans took control of the House in 1999, there were 1,439 earmarks in that year’s legislation. By the end of 2005, “there were a staggering 13,998 earmarked expenses, costing $27.3 billion.” Dean will write, “Needless to say, there is nothing conservative in those fiscal actions but there is much that is authoritarian about the wanton spending by those Republicans.” [Dean, 2006]
Lack of Opposition - Kuttner notes that Congressional Democrats have not mounted a systematic, organized denunciation of the DeLay operation. Kuttner believes that many Democrats believe voters are uninterested in what they call “process issues,” and that voters will dismiss complaints as “inside baseball,” of little relevance to their lives. Worse, such complaints “make… us look weak,” as one senior House staffer says. Kuttner writes that many Democrats believe such complaints sound “like losers whining.”
Permanent Republican Majority - If DeLay and his confreres in the White House have their way, there will be, in essence, a permanent Republican majority in the House and hopefully in the Senate as well. Bill Clinton routinely practiced what he called bipartisan “triangulation,” building ad hoc coalitions of Democrats and Republicans to pass his legislative initiatives, and in the process weakening the Democratic leadership. Kuttner writes, “Bush’s presidency, by contrast, has produced a near parliamentary government, based on intense party discipline both within Congress and between Congress and the White House.” Republicans have been busy reworking the district maps of various key states to ensure that Republicans keep their majorities, concentrating perceived Democratic voters to have overwhelming majorities in a few districts, and leaving the Republicans holding smaller majorities in the rest. Both parties have been guilty of such “gerrymandering” in the past, but with DeLay’s recent “super-gerrymandering” of his home state of Texas, the Republican makeup of the Texas House delegation is all but assured. DeLay and other House Republicans are working to redistrict other states in similar fashions. As of the 2004 midterm elections, of the 435 House seats, only around 25 are considered effectively contestable—over 90 percent of the House seats are “safe.” Democrats would have to win a disproportionate, and unlikely, number of those “swing” seats to take back control of the House. Kuttner writes: “The country may be narrowly divided, but precious few citizens can make their votes for Congress count. A slender majority, defying gravity (and democracy), is producing not moderation but a shift to the extremes.”
Control of Voting - Kuttner cites the advent of electronic voting machines and the Help America Vote Act (HAVA) as two reasons why Republicans will continue to have advantages at the voting booth. The three biggest manufacturers of electronic voting machines have deep financial ties to the Republican Party, and have joined with Republicans in opposing a so-called “verifiable paper trail” that could prove miscounts and possible fraudulent results. HAVA, written in response to the 2000 Florida debacle, requires that voters show government-issued IDs to be allowed to vote, a provision that Kuttner says is ripe for use in Republican voter-intimidation schemes. Republicans “have a long and sordid history of ‘ballot security’ programs intended to intimidate minority voters by threatening them with criminal prosecution if their papers are not technically in order,” he writes. “Many civil rights groups see the new federal ID provision of HAVA as an invitation to more such harassment.” The only recourse that voters have to such harassment is to file complaints with the Department of Justice, which, under the aegis of Attorney General John Ashcroft, has discouraged investigation of such claims.
Compliant Court System - Increasingly, federal courts with Republican-appointed judges on the bench have worked closely with Republicans in Congress and the White House to issue rulings favorable to the ruling party. Kuttner notes that if President Bush is re-elected: “a Republican president will have controlled judicial appointments for 20 of the 28 years from 1981 to 2008. And Bush, in contrast to both his father and Clinton, is appointing increasingly extremist judges. By the end of a second term, he would likely have appointed at least three more Supreme Court justices in the mold of Antonin Scalia and Clarence Thomas, and locked in militantly conservative majorities in every federal appellate circuit.” The Supreme Court is already close to becoming “a partisan rubber stamp for contested elections,” Kuttner writes; several more justices in the mold of Justices Antonin Scalia (see September 26, 1986) and Clarence Thomas (see October 13, 1991) would, Kuttner writes, “narrow rights and liberties, including the rights of criminal suspects, the right to vote, disability rights, and sexual privacy and reproductive choice. It would countenance an unprecedented expansion of police powers, and a reversal of the protection of the rights of women, gays, and racial, religious, and ethnic minorities. [It would] overturn countless protections of the environment, workers and consumers, as well as weaken guarantees of the separation of church and state, privacy, and the right of states or Congress to regulate in the public interest.” [American Prospect, 2/1/2004]

Entity Tags: George W. Bush, Democratic Party, Dennis Hastert, Clarence Thomas, Antonin Scalia, Tom DeLay, Robert Kuttner, William Jefferson (“Bill”) Clinton, Republican Party, John Ashcroft, Richard (“Dick”) Cheney, House Republican Whip Organization, James C. (‘Jim’) Wright, Jr., John Dean, Newt Gingrich, Help America Vote Act

Timeline Tags: Civil Liberties

On February 2, 2004, the deadly toxin ricin is detected on an automatic mail sorter in the Senate office building mailroom that serves the office of Senate Majority Leader Bill Frist (R-TN). Subsequent tests confirm the substance is ricin. No one gets ill. Some buildings are closed, but Senate business continues as usual. It is presumed that the ricin arrived in a letter, but the letter is not found, leaving few clues. [CNN, 2/4/2004] About two months later, it is reported that laboratories are continuing to analyze the ricin in an attempt to determine where it came from, but no suspects or likely motives have been identified. In October 2004, two letters were intercepted in South Carolina and Tennessee containing real ricin. Letters were found with the ricin objecting to new rules for truckers. One letter was intended to go to the Department of Transportation and another to the White House. But it is unknown if there is any connection between those letters and the ricin in Frist’s office, although Frist represents Tennessee. It is also unknown if there is any connection to the 2001 anthrax attacks (see October 5-November 21, 2001). According to the Associated Press, “Unlike anthrax spores, ricin requires little scientific training to engineer and is not nearly as dangerous to handle.” [Associated Press, 3/31/2005]

Entity Tags: Bill Frist

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The US learns that Ibn al-Shaykh al-Libi, a former al-Qaeda camp commander, was allegedly tortured in Egypt, where he was rendered by the CIA (see January 2002 and After). Although CIA Director George Tenet will describe al-Libi’s handling by the Egyptians as “further debriefing,” after being returned to US custody, al-Libi tells CIA officers he was tortured and these claims are documented in a series of cables sent to CIA headquarters on February 4 and 5. These cables are the final proof, many believe, that the US is illegally “outsourcing” torture to other countries, against suspects who have not been convicted or even charged with a crime. After being tortured by his Egyptian captors (see November 11, 2001), al-Libi was returned to US custody on November 22, 2003. The February 5 cable reads, in part, that al-Libi was told by the Egyptians that “the next topic was al-Qaeda’s connections with Iraq…. This was a subject about which he said he knew nothing and had difficulty even coming up with a story.” The Egyptians didn’t like al-Libi’s response, and locked him in a 20 inch by 20 inch box for 17 hours—effectively burying him alive. The Egyptians released him and gave him one more change to “tell the truth.” When al-Libi did not give the proper response, he was knocked to the ground and beaten. The CIA debriefers send this information straight to Washington (see February 14, 2004), thus informing the CIA that not only was this key piece of evidence about the link between Iraq and al-Qaeda false, but it was obtained by extreme, US-sanctioned torture. Although stories and witness accounts about torture in such US-allied countries as Egypt, Syria, Morocco, and Uzbekistan have long been known, this is the first time such torture has been detailed in an official US government document. It will be almost a year before the Bush administration will confirm the CIA’s rendition program (see March 11, 2002), and even then it will begin a litany of reassurances that the US does not torture, nor does it hand over prisoners to countries that torture. The CIA cables will be declassified in September 2006, and roundly ignored by the mainstream media. And as of late 2007, al-Libi will still be a “ghost prisoner” whose whereabouts and circumstances are considered a US state secret. [ABC News, 11/6/2007]

Entity Tags: Colin Powell, Ibn al-Shaykh al-Libi, Central Intelligence Agency, Al-Qaeda, George J. Tenet

Timeline Tags: Torture of US Captives

Former Vice President Al Gore gives a keynote address to a conference at the New School of New York City on the topic, “The Politics of Fear.” [Social Research: An International Quarterly of the Social Sciences, 2/2004] In his address, Gore notes the success that the Bush administration has had in preying on the fears of the American public. “Fear was activated on September 11 in all of us to a greater or lesser degree,” he says. “And because it was difficult to modulate or to change in particular specifics, it was exploitable for a variety of purposes unrelated to the initial cause of the fear. When the president of the United States stood before the people of this nation—in the same speech in which he used the forged document (see Mid-January 2003 and 9:01 pm January 28, 2003)—he asked the nation to ‘imagine’ how fearful it would feel if Saddam Hussein gave a nuclear weapon to terrorists who then exploded it in our country. Because the nation had been subjected to the fearful, tragic, cruel attack of 9/11, when our president asked us to imagine with him a new fear, it was easy enough to bypass the reasoning process, and short-circuit the normal discourse that takes place in a healthy democracy with a give-and-take among people who could say, ‘Wait a minute, Mr. President. Where’s your evidence? There is no connection between Osama bin Laden and Saddam Hussein.’ At one point, President Bush actually said, ‘You can’t distinguish between Saddam Hussein and Osama bin Laden’ (see September 25, 2002). He actually said that.” Gore says that for a time even he had trusted Bush to do the right thing, but Bush had abused the trust he and the American people had in him. In 2006, author and former White House counsel John Dean will write in conjunction with Gore’s address: “In short, fear takes reasoning out of the decision-making process, which our history has shown us often enough can have dangerous and long-lasting consequences. If Americans cannot engage in analytical thinking as a result of Republicans’ using fear for their own political purposes, we are all in serious trouble.” [Social Research: An International Quarterly of the Social Sciences, 2/2004; Dean, 2006, pp. 178-179]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., John Dean, Bush administration (43), George W. Bush, Osama bin Laden, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Acting Attorney General James Comey, who appointed US Attorney Patrick Fitzgerald as the special counsel in charge of investigating the Plame Wilson identity leak (see December 30, 2003), writes a letter to Fitzgerald confirming that he has “plenary power” in the investigation, and the authority to investigate crimes including “perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.” In essence, Comey is confirming that Fitzgerald has near-unlimited powers of investigation and prosecution, and is not limited to merely filing charges of violation of the Intelligence Identities Protection Act if he determines who leaked Valerie Plame Wilson’s identity to the press. [US Department of Justice, 2/6/2004 pdf file]

Entity Tags: James B. Comey Jr., Patrick J. Fitzgerald, Intelligence Identities Protection Act

Timeline Tags: Niger Uranium and Plame Outing

President Bush gives a rare interview to a television show, NBC’s Meet the Press. Bush holds the interview, conducted by Tim Russert, in the Oval Office. [CNN, 2/9/2004]
Admits Iraq Had No WMD - Bush concedes that Iraq did not possess weapons of mass destruction, but defends his decision to invade it, saying, “Saddam Hussein was dangerous, and I’m not just going to leave him in power and trust a madman.” He admits, “I expected to find the weapons.” He continues, “I’m sitting behind this desk, making a very difficult decision of war and peace, and I based my decision on the best intelligence possible, intelligence that had been gathered over the years, intelligence that not only our analysts thought was valid but analysts from other countries thought were valid.” And Iraq “had the ability to make weapons at the very minimum.” But even without proof of Iraqi WMD, Bush says the stakes were so high that “it is essential that when we see a threat, we deal with those threats before they become imminent.” Inaction in Iraq “would have emboldened Saddam Hussein. He could have developed a nuclear weapon over time.” Bush seems surprised when Russert asks if American soldiers had in fact been welcomed as “liberators” in Iraq, as some in his administration had predicted. “I think we are welcomed in Iraq,” he says. “I’m not exactly sure, given the tone of your questions, we’re not.” Resistance there is not surprising, Bush says, because “there are people who desperately want to stop the advance of freedom and democracy.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
'War of Choice or War of Necessity?' - Russert continues to ask about the choice to invade Iraq, and at one point asks Bush whether it was a “war of choice or a war of necessity?” Bush responds: “That’s an interesting question. Please elaborate on that a little bit. A war of choice or a war of necessity? It’s a war of necessity. In my judgment, we had no choice, when we look at the intelligence I looked at, that says the man was a threat.” In 2008, current White House press secretary Scott McClellan will write that Bush asks him about the question after the interview, and that Bush was “puzzled” by the question. “This, too, puzzled me,” McClellan will write. “Surely this distinction between a necessary, unavoidable war and a war that the United States could have avoided but chose to wage, was an obvious one that Bush must have thought about a lot in the months before the invasion. Evidently it wasn’t obvious to the president, nor did his national security team make sure it was. He set the policy early on and then his team focused his attention on how to sell it. It strikes me today as an indication of his lack of inquisitiveness and his detrimental resistance to reflection, something his advisers needed to compensate for better than they did. Most objective observers today would say that in 2003 there was no urgent need to address the threat posed by Saddam with a large-scale invasion, and therefore the war was not necessary. But this is a question President Bush seems not to want to grapple with.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
Bush Says Congress Saw Same Intelligence He Did - Asked whether Congress would have authorized the invasion (see October 10, 2002) if he had explained that, while Iraq may not have possessed WMD, Hussein should be removed because he was a threat to his people, Bush replies, “I went to Congress with the same intelligence Congress saw—the same intelligence I had, and they looked at exactly what I looked at, and they made an informed judgment based upon the information that I had.” Two of Bush’s presidential rivals dispute Bush’s assertion. Senator John Edwards (D-NC) says Bush’s statement that Congress saw the same intelligence information as he did is a “big leap.” Edwards adds: “I’m not certain that’s true. I know the president of the United States receives a different set of information than we receive on the Senate Intelligence Committee, and he receives more information, which he should.” And front-runner Senator John Kerry (D-MA) accuses Bush of backpedaling on the messages he gave Americans to justify going to war. “George Bush needs to take responsibility for his actions and set the record straight,” he says. “That’s the very least that Americans should be able to expect. Either he believed Saddam Hussein had chemical weapons, or he didn’t. Americans need to be able to trust their president, and they deserve the truth.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Confident of Winning Re-Election - Bush tells Russert that he is confident he will win re-election: “I don’t intend to lose.… I know exactly where I want to lead the country. I have shown the American people I can lead.… I want to lead this world to more peace and freedom.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Defends Economic Policies - Bush defends his economic policies, and says that even though under his watch the US has run up a $521 billion deficit and lost 2.2 million jobs, his administration’s policies are more restrained and fiscally sound than those of his predecessor. “I have been the president during a time of tremendous stress on our economy and made the decisions necessary to lead that would enhance recovery,” he says. “The stock market started to decline in March of 2000. That was the first sign that things were troubled. The recession started upon my arrival.” Conservative critics of his administration’s spending, including the Heritage Foundation and radio talk show host Rush Limbaugh, are “wrong,” he says. “If you look at the appropriations bills that were passed under my watch, in the last year of President Clinton, discretionary spending was up 15 percent, and ours have steadily declined. The other thing that I think it’s important for people who watch the expenditures side of the equation is to understand we are at war… and any time you commit your troops into harm’s way, they must have the best equipment, the best training, and the best possible pay.” [NBC News, 2/8/2004; CNN, 2/9/2004]

Entity Tags: Saddam Hussein, John Kerry, Scott McClellan, John Edwards, Tim Russert, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

Dexter Filkins.Dexter Filkins. [Source: New York Times]The New York Times publishes a front page story blaming Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, for many troubles in the Iraq war. However, it will later be revealed that the contents in the article were a hoax or exaggeration by a US military propaganda operation. The article, written by Dexter Filkins, claims that in January 2004, US forces in Iraq intercepted a letter written by al-Zarqawi to the “inner circle” of al-Qaeda, claiming that the best way to defeat the US in Iraq is to, in essence, begin a “sectarian war” in that country. The letter reportedly states that al-Qaeda, a Sunni network, should attack the Shi’a population of Iraq: “It is the only way to prolong the duration of the fight between the infidels and us. If we succeed in dragging them into a sectarian war, this will awaken the sleepy Sunnis.” In the letter, al-Zarqawi boasts of his role in many suicide bombings in Iraq. The article also notes that this letter would “constitute the strongest evidence to date of contacts between extremists in Iraq and al-Qaeda.” [New York Times, 2/9/2004; Independent, 2/11/2008] US General Mark Kimmitt says later the same day: “We believe the report and the document is credible, and we take the report seriously.… It is clearly a plan on the part of outsiders to come in to this country and spark civil war, create sectarian violence, try to expose fissures in this society.” The story is quickly published around the world. [Independent, 2/11/2008]
Reporter Skeptical; Article Does Not Reflect Doubts - Filkins will later say he was skeptical about the document’s authenticity when he wrote the story and remains skeptical of it. [Washington Post, 4/10/2006] However, the article and follow up articles in the New York Times cast no doubt on the letter’s authenticity, except for one sentence in the original article mentioning the possibility the letter could have been “written by some other insurgent.”
Skepticism from Other News Outlets - However, some scattered accounts elsewhere at the time are more critical. For instance, a few days later, Newsweek writes: “Given the Bush administration’s record peddling bad intelligence and worse innuendo, you’ve got to wonder if this letter is a total fake. How do we know the text is genuine? How was it obtained? By whom? And when? And how do we know it’s from al-Zarqawi? We don’t.” [Editor & Publisher, 4/10/2006] In the letter, al-Zarqawi says that if success does not come soon: “We can pack up and leave and look for another land, just like what has happened in so many lands of jihad. Our enemy is growing stronger day after day, and its intelligence information increases. By god, this is suffocation!” Counterpunch notes this and skeptically comments, “If you were Karl Rove, you couldn’t design a better scenario to validate the administration’s slant on the war than this.” It is also noted that this article follows a dubious pattern of New York Times reporting on Iraq: “cultivate a ‘highly placed inside source,’ take whatever this person says and report it verbatim on the front page above the fold.” [CounterPunch, 2/26/2004]
Systematic Propaganda Campaign - Later in 2004, the Telegraph will report, “Senior diplomats in Baghdad claim that the letter was almost certainly a hoax” and that the US is systematically buying extremely dubious intelligence that exaggerates al-Zarqawi’s role in Iraq (see October 4, 2004). [Daily Telegraph, 10/4/2004] In 2006, a number of classified documents will be leaked to the Washington Post, showing the US military has a propaganda campaign to exaggerate the role of al-Zarqawi in Iraq (see April 10, 2006). One document mentions the “selective leak” of this letter to Filkins as part of this campaign. [Washington Post, 4/10/2006]
Media Unquestioning in its Acceptance - Editor and Publisher will later examine the media coverage of this letter, and note that most publications reported on it unquestioningly, “So clearly, the leak to Filkins worked.” Ironically, Reuters at the time quotes an “amazed” US official who says, “We couldn’t make this up if we tried.” [Editor & Publisher, 4/10/2006]

Entity Tags: Abu Musab al-Zarqawi, New York Times, Dexter Filkins, Al-Qaeda, Mark Kimmitt

Timeline Tags: US Military, Complete 911 Timeline, Iraq under US Occupation, Domestic Propaganda

On February 11, 2004, the FBI interviews at least one scientist from the Environmental Protection Agency (EPA) in connection with the 2001 anthrax attacks (see October 5-November 21, 2001). The name of the person interviewed is not known, but he is asked whether he wrote an anonymous letter to the FBI that possibly set up scientist Ayaad Assaad as a patsy for the attacks just before they occurred (see October 3, 2001). Assaad worked at USAMRIID, the US Army’s top bioweapons laboratory, until 1997, and has worked at the EPA since then. The unnamed scientist says that he had nothing to do with the letter. It appears this person is possibly subjected to a polygraph test after this, but if so the results are not known. [Hartford Courant, 2/17/2004] On March 17, 14 additional EPA employees are interviewed about the letter. The interviews are said to focus on trying to find out who wrote it. [Washington Times, 3/30/2004]

Entity Tags: Federal Bureau of Investigation, Ayaad Assaad

Timeline Tags: 2001 Anthrax Attacks

Two FBI agents, Doug Miller and Mark Rossini, falsely claim they have no memory of the blocking of a key cable about 9/11 hijacker Khalid Almihdhar in an interview with the Justice Department’s office of inspector general. Miller drafted the cable, which was to inform the FBI that Almihdhar had a US visa, while he and Rossini were on loan to Alec Station, the CIA’s bin Laden unit. However, it was blocked by the unit’s deputy chief, Tom Wilshire, and another CIA officer known only as “Michael” (see 9:30 a.m. - 4:00 p.m. January 5, 2000). Miller and Rossini remember the events, but falsely tell the Justice Department inspector general they cannot recall them.
Pressure Not to Disclose Information - Sources close to the inspector general’s probe will say, “There was pressure on people not to disclose what really happened.” Rossini, in particular, is said to feel threatened that the CIA would have him prosecuted for violating the Intelligence Identities Protection Act if he said what really happened inside Alec Station. They are questioned at the same time, and together with a CIA officer who will be described as “sympathetic,” although it is unclear why. CIA officials are also in the room during the questioning, although it is unclear why this is allowed. When they are shown contemporary documents, according to the Congressional Quarterly, “the FBI agents suddenly couldn’t remember details about who said what, or who reported what, to whom, about the presence of two al-Qaeda agents in the US prior to the 9/11 attacks.” The inspector general investigators are suspicious. [Congressional Quarterly, 10/1/2008]
'They Asserted that They Recalled Nothing' - Nevertheless, neither Rossini nor Miller are severely criticized by the inspector general’s final report. It simply notes: “When we interviewed all of the individuals involved about the [cable] they asserted that they recalled nothing about it. [Miller] told the [inspector general] that he did not recall being aware of the information about Almihdhar, did not recall drafting the [cable], did not recall whether he drafted the [cable] on his own initiative or at the direction of his supervisor, and did not recall any discussions about the reasons for delaying completion and dissemination of the [cable]. [Rossini] said he did not recall reviewing any of the cable traffic or any information regarding Alhazmi and Almihdhar. Eric [a senior FBI agent on loan to Alec Station] told the [inspector general] that he did not recall the [cable].” [US Department of Justice, 11/2004, pp. 241, 355-357 pdf file]
Later Admit What Really Happened - At some point, Miller and Rossini tell an internal FBI investigation what really happened, including Wilshire’s order to withhold the information from the FBI. However, very little is known about this probe (see After September 11, 2001). [Congressional Quarterly, 10/1/2008] Rossini will be interviewed for a 2006 book by Lawrence Wright and will recall some of the circumstances of the blocking of the cable, including that a CIA officer told Miller, “This is not a matter for the FBI.” [Wright, 2006, pp. 311, 423] Both Miller and Rossini will later talk to author James Bamford about the incident for a 2008 book. [Congressional Quarterly, 10/1/2008] The exact date of this interview of Miller and Rossini is unknown. However, an endnote to the 9/11 Commission Report will say that Miller is interviewed by the inspector general on February 12, 2004, so it may occur on this day. [9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Office of the Inspector General (DOJ), Mark Rossini, Federal Bureau of Investigation, Central Intelligence Agency, Tom Wilshire, Alec Station, Doug Miller, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Paul Butler, chief of staff for Defense Secretary Rumsfeld, claims in a briefing that the prisoners being held in Guantanamo are “very dangerous people” who include “senior al-Qaeda operatives and leaders and Taliban leaders.” However, the New York Times will later report that “several senior officials with detailed knowledge of the Guantanamo detainees described Mr. Butler’s portrait of the camp as a work of verbal embroidery, saying none of the detainees at the camp could possibly be called a leader or senior operative of al-Qaeda.” [New York Times, 6/21/2004] Probably the closest to an al-Qaeda leader being held is one of bin Laden’s former bodyguards who nonetheless will be released later in 2004 (see Late November 2001). There were media reports as far back as August 2002 that no al-Qaeda leaders were being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Paul Butler

Timeline Tags: Torture of US Captives

The CIA sends a memo to top Bush administration officials informing them that Ibn al-Shaykh al-Libi, an al-Qaeda operative being held in custody by the CIA, recanted his claim in January that Iraq provided training in poisons and gases to members of al-Qaeda (see September 2002). [New York Times, 7/31/2004; Newsweek, 7/5/2005; Washington Post, 11/6/2005] The claim had been used in speeches by both President George Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003).

Entity Tags: White House, Ibn al-Shaykh al-Libi, Colin Powell, George W. Bush, Central Intelligence Agency

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

Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) tells US interrogators that Abdul Hakim Murad, along with KSM a key conspirator in the Bojinka plot, only had a small role in the operation, according to the 9/11 Commission. The Commission will cite four intelligence reports, drafted on February 19 (two), February 24, and April 2, 2004, as the source of this claim. According to KSM, Murad’s only role in the plot was to courier $3,000 from Dubai to Manila. However, other evidence indicates Murad was much more significantly involved in the plot (see Before January 6, 1995 and January 6, 1995). The Commission will comment, “This aspect of KSM’s account is not credible, as it conflicts not just with Murad’s own confession [note: this may be unreliable as Murad was tortured (see After January 6, 1995)] but also with physical evidence tying Murad to the very core of the plot, and with KSM’s own statements elsewhere that Murad was involved in planning and executing the operation.” [9/11 Commission, 7/24/2004, pp. 489]

Entity Tags: Khalid Shaikh Mohammed, Abdul Hakim Murad, 9/11 Commission, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), testifies before the grand jury investigating the Plame Wilson leak. Novak has already spoken to FBI investigators (see December 30, 2003) and to special prosecutor Patrick Fitzgerald (see January 14, 2004 and February 5, 2004), and disclosed the names of his three sources in the leak (see July 8, 2003 and Before July 14, 2003). Of his four appearances, Novak will later write: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]

Entity Tags: Federal Bureau of Investigation, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A cardboard box delivered to the Scottsdale, Arizona, Office of Diversity and Dialogue explodes when the office director, Donald Logan, opens it. He suffers severe burns and lacerations from the blast. His assistant, Renita Linyard, is also severely injured, and office staffer Jacque Bell suffers lesser injuries. Scottsdale police quickly call for help from the US Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), and veteran BATF special agent Tristan Moreland heads the investigation. Moreland believes that Logan, an African-American federal employee, was targeted for his job and his race. Moreland begins looking at white supremacist groups in the area. He learns that a national gathering of supremacists, neo-Nazis, and Ku Klux Klan (KKK) members took place a few months earlier in a park outside Scottsdale, an event called Aryanfest 2004. Two supremacists in attendance, Dennis Mahon (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After) and Tom Metzger (see 1981 and After), attract Moreland’s particular attention. Mahon bragged at Aryanfest about his connection to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Metzger is well known for his advocacy of “lone wolf” style attacks such as McVeigh’s, where individuals launch attacks without the overt backing or involvement of actual organizations. Metzger heads a white supremacist organization called White Aryan Resistance (WAR) and Mahon is a member of that organization. (WAR will later change its name to The Insurgent.) Metzger and Mahon have been friends for decades. Moreover, Mahon had left a voice message at the Scottsdale diversity office months before about the city’s upcoming Hispanic heritage week, a message virulent enough in its hatred and implied threat of violence to attract the attention of law enforcement authorities (see October 2003). Moreland decides to investigate Mahon and Metzger further, and the BATF learns that Mahon and his twin brother Daniel had been living in a trailer park in Tempe, Arizona, before the bombing. They left the area shortly after, moving to a trailer park in Catoosa, Oklahoma. Unwilling to allow the investigation to stall, Moreland decides to find a willing confidential informant to go to Catoosa and get close to Mahon. The subsequent investigation elicits evidence that Mahon and Metzger were involved in the Scottsdale bombing and other attacks as well (see January 26, 2005 and After). [TPM Muckraker, 1/10/2012]

Entity Tags: Renita Linyard, Dennis Mahon, Daniel Mahon, Donald Logan, Office of Diversity and Dialogue, Timothy James McVeigh, Tom Metzger, White Aryan Resistance, Tristan Moreland, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jacque Bell

Timeline Tags: US Domestic Terrorism

The FBI orders an internal review of its files to determine whether documents related to the 1995 Oklahoma City bombing case were improperly withheld from investigators or defense lawyers. Bombing conspirator Terry Nichols, already convicted on federal charges related to the case and serving a life sentence (see June 4, 1998), faces 161 counts of first-degree murder in an upcoming trial in McAlester, Oklahoma (see May 13, 2003). Recent press reports have raised new questions as to whether Nichols’s co-conspirator, bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001), had more accomplices than just Nichols. An Associated Press report says that documents not introduced at McVeigh’s trial (see June 2, 1997) indicated that FBI agents had destroyed evidence and failed to share other information that indicated McVeigh was part of a larger group of white supremacists who may have helped him carry out the bombing (see (April 1) - April 18, 1995). McVeigh had murky ties with a group called the Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and perhaps took part in bank robberies the group carried out. Moreover, ARA members possessed explosive blasting caps similar to those McVeigh used in the bomb; additionally, a driver’s license in the name of an alias used by Roger Moore, a man robbed by Nichols as part of an attempt to finance the bombing (see November 5, 1994), was later found in the possession of ARA member Richard Guthrie. Law enforcement officials continue to insist that no evidence exists of any larger conspiracy involving anyone other than Nichols and McVeigh, and the FBI’s internal review is motivated by nothing more than “an abundance of caution.” A government official says: “If there’s information out there, that needs to be looked at. This will be a document review to ascertain whether there are documents that were relative to the investigation and that should have been reviewed during the investigation or the prosecution.” If additional records are identified, the Justice Department will determine whether records were improperly withheld from defense lawyers in the case, the official says. The FBI had to conduct a similar document review just days before McVeigh’s 2001 execution after the Justice Department disclosed that the bureau had not turned over thousands of pages of interview reports and other material to McVeigh’s lawyers (see May 10-11, 2001). [New York Times, 2/27/2004; New York Times, 3/16/2004] Also, former television reporter Jayna Davis says she has unearthed ties between McVeigh, Nichols, and Iraqi soldiers operating undercover in the US; Davis has said the FBI refused to act on her information, and has accused the agency of a cover-up (see March 20, 2001). Retired FBI agent David Cid, who worked on the original case, calls Davis’s allegations absurd. “What possible motive would we have to conceal a Middle Eastern link?” he asks. “That was our immediate first assumption anyway” (see 10:00 a.m. April 19, 1995 and After). The presiding judge in the case, District Court Judge Steven Taylor, will conduct a hearing after the FBI’s announcement, but Nichols’s trial will not be delayed. [New York Times, 2/29/2004]

Entity Tags: Richard Guthrie, Aryan Republican Army, David Cid, Jayna Davis, Terry Lynn Nichols, Roger E. (“Bob”) Moore, US Department of Justice, Federal Bureau of Investigation, Steven W. Taylor, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Gouled Hassan Dourad.Gouled Hassan Dourad. [Source: US Defense Department]Alleged “high value” al-Qaeda leader Gouled Hassan Dourad is captured. Dourad is captured by Djibouti government forces in his house in Djibouti. He is turned over to US custody at an unknown date and held as a ghost prisoner in the CIA’s secret prison system. On September 4, 2006, he will be transferred to the US-run prison in Guantanamo, Cuba, and will be officially declared a “high value” prisoner (see September 2-3, 2006).
Who Is Dourad? - Very little is publicly known about Dourad or why he is deemed an important militant leader. Virtually nothing has appeared about him in the media either before or after his capture. But his 2008 Guantanamo file will detail his history. According to that file, Dourad is a Somali who is an admitted member of both al-Qaeda’s East Africa branch and Al-Ittihad al-Islamiya (AIAI), an Islamist militant group based in Somalia that was blacklisted by the US shortly after 9/11. In 1993, he was granted asylum in Sweden, and lived there for nearly three years. In 1996, he trained in al-Qaeda linked training camps in Afghanistan. Returning to East Africa, he fought against Ethiopian forces for several years. Dourad grew more involved with al-Qaeda and took part in various plots. When he is caught, he allegedly is in the final stages of planning an operation against US military bases and various embassies in Djibouti. He does not seem to have been in frequent contact with many top al-Qaeda leaders, but it is claimed he worked closely with Abu Talha al-Sudani, a leader of al-Qaeda operations in East Africa. [US Department of Defense, 9/19/2008] Note that the Guantanamo files of prisoners often contain dubious information, and in some cases information that was extracted by torture (see April 24, 2011).

Entity Tags: Al-Ittihad al-Islamiya, Gouled Hassan Dourad, Al-Qaeda, Abu Talha al-Sudani

Timeline Tags: Complete 911 Timeline

Lawyers meet with accused al-Qaeda terrorist Jose Padilla (see September-October 2000 and May 8, 2002) for the first time. [Associated Press, 6/2004]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

March 5, 2004: Libby Lies to Grand Jury

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to the indictment that will later be issued against Libby (see October 28, 2005), he commits perjury during his testimony. [US Department of Justice, 3/5/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] Libby is questioned by special prosecutor Patrick Fitzgerald, who is aided by deputy special counsels Ron Roos, Peter Zeidenberg, and Kathleen Kedian. At the beginning of the questioning, Fitzgerald ensures that Libby understands the circumstances that constitute perjury.
Denies Being Source for Columnist - Fitzgerald asks Libby about his involvement as a source for columnist Robert Novak, who revealed Plame Wilson’s secret CIA status in a column (see July 14, 2003). Libby denies being a source for Novak.
Admits Learning about Plame Wilson's CIA Status from Cheney - He admits that Cheney told him that Joseph Wilson’s wife was a CIA officer: while discussing Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), Libby says of Cheney: “And in the course of describing this he also said to me in sort of an off-hand manner, as a curiosity, that his wife worked at the CIA, the person who—whoever this person was. There were no names at that stage so I didn’t know Ambassador Wilson’s name at that point, or the wife’s name.” Libby also admits that he knew Plame Wilson worked at the “functional office” of the CIA that handled the Iraq WMD issue.
Libby 'Forgot' He Already Knew about Plame Wilson - Later in the interview, Fitzgerald asks again if it is “fair to say that [Cheney] had told you back in June, June 12 or before… that his wife worked in the functional office of counterproliferation of the CIA (see (June 12, 2003)). Correct?” Libby answers, “Yes, sir.” Fitzgerald then asks: “So when you say, that after we learned that his wife worked at the agency, that became a question. Isn’t it fair to say that you already knew it from June 12 or earlier?” Libby then answers: “I believe by, by this week I no longer remembered that. I had forgotten it. And I believe that because when it was told to me on July 10, a few days after this article, it seemed to me as if I was learning it for the first time. When I heard it, I did not think I knew it when I heard.” Libby is referring to his claim that he originally learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), a claim that Russert will strongly deny (see February 7-8, 2007). [US Department of Justice, 3/5/2004 pdf file]
Claims Not to Have Discussed Plame Wilson until after Novak's Column Published - Fitzgerald asks Libby if he recalls the question of whether the possibility that Plame Wilson sent her “husband on a junket” (see July 7, 2003 or Shortly After), and whether he discussed it with Cheney. Libby replies: “I don’t recall the conversation until after the Novak piece. I don’t recall it during the week of July 6. I recall it after the Novak… after the Novak article appeared.” Fitzgerald, obviously unconvinced by Libby’s claim, asks, “And are you telling us under oath that from July 6 to July 14 you never discussed with Vice President Cheney whether Mr. Wilson’s wife worked at the CIA?” Libby responds: “No, no, I’m not saying that. On July 10 or 11 I learned, I thought anew, that the wife—that the reporters were telling us that the wife worked at the CIA. And I may have had a conversation with the vice president either late on the 11th or on the 12th in which I relayed that reporters were saying that.” Libby is lying by claiming he never discussed Plame Wilson with Cheney or other White House officials between July 6 and July 14 (see July 7, 2003 or Shortly After, July 7-8, 2003, July 8, 2003, 12:00 p.m. July 7, 2003, and July 10 or 11, 2003). [US Department of Justice, 3/5/2004 pdf file; National Journal, 1/12/2007]
Denies Learning of State Department Memo until Late September 2003 - Libby also denies learning of the State Department’s interest in the Wilson trip and in Wilson’s wife until after the investigation into Plame Wilson’s identity became public on September 28, 2003, “a couple days after that,” he says. “I don’t have any recollection of an INR [Bureau of Intelligence and Research, the State Department’s intelligence bureau] document prior to that date.” Libby is lying; he learned about the State Department’s inquiry into the Wilson trip, and Plame Wilson’s CIA status, much earlier (see 12:00 p.m. June 11, 2003). He also denies asking the State Department’s Marc Grossman for information on Wilson’s Niger trip, which is most likely another lie (see May 29, 2003). And he claims not to remember if he learned from Grossman that Plame Wilson was a CIA official.
Denies Talking to CIA Official - Libby also claims not to remember discussing Plame Wilson with Robert Grenier, the CIA’s Iraq mission manager. “I don’t think I discussed Wilson’s wife’s employment with, with Mr. Grenier,” he testifies. “I think if I discussed something it was what they knew about the request about Mr., about Mr. Wilson. I don’t recall the content of the discussion.” Asked “if there was an urgency to the conversation” with Grenier, Libby replies, “I recall that I was reaching Mr. Grenier—I was trying to reach Mr. McLaughlin [John McLaughlin, then the CIA’s deputy director, who spoke to Cheney the day before about Plame Wilson—see 12:00 p.m. June 11, 2003) and couldn’t, and spoke instead to Mr. Grenier. And so if I did that instead of just waiting for Mr. McLaughlin, it was probably something that was urgent in the sense that my boss, the vice president, wanted, wanted to find something out. Not, not necessarily in the real world, but he wanted an answer and usually we try and get him the answer when we can.” Libby did indeed meet with Grenier, and quizzed him about Plame Wilson (see 2:00 p.m. June 11, 2003).
Denies Leaking Name to Post Reporter - Libby claims not to be sure if he was a source for a June 2003 article by Washington Post reporter Walter Pincus (see June 12, 2003), but says he is sure he did not divulge Plame Wilson’s identity to him. “I have no recollection of having discussed it with Mr. Pincus and I don’t think I did,” Libby testifies. He acknowledges that his own notes, entered into evidence by Fitzgerald, show that he discussed the Pincus article with Cheney before it was published. Libby also denies revealing Plame Wilson’s identity to two New York Times reporters, David Sanger and James Risen.
Challenges Wilson's Characterization of Iraq-Niger Claims - Using language similar to that he and other members of Cheney’s staff have used in press conferences and to individual reporters, Libby says that Joseph Wilson’s questioning of the Iraq-Niger claims were ill-informed, and that Wilson was wrong to speculate that Cheney had deliberately ignored the evidence that those claims were false to insist that Iraq had an active nuclear weapons program and therefore constituted a danger to the US (see March 24, 2002, August 2002, March 16, 2003, and July 6-10, 2003). Libby says of Wilson’s op-ed in the New York Times (see July 6, 2003), “It’s a, it’s a bad article.” He admits to being angry over the article, then changes it to being “concerned because it didn’t seem to me an accurate portrayal of the facts.… Upset’s a fair word, I guess.” He admits to discussing the Wilson op-ed with Cheney shortly after its publication, though he is unsure of the exact date of that discussion (see July 6-10, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby acknowledges that notations on a copy of the Wilson op-ed are in Cheney’s handwriting (see July 7, 2003 or Shortly After). [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Robert Grenier, Robert Novak, Walter Pincus, Valerie Plame Wilson, US Department of State, Richard (“Dick”) Cheney, Ron Roos, Peter Zeidenberg, Tim Russert, Marc Grossman, Bureau of Intelligence and Research, David Sanger, John E. McLaughlin, James Risen, Patrick J. Fitzgerald, Kathleen Kedian, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

March 8, 2004: Court Denies Al-Marri Appeal

A federal court denies the appeal of suspected al-Qaeda operative Ali Saleh Kahlah al-Marri , who is challenging his classification as an enemy combatant (see June 23, 2003) and wants his case heard in Illinois, where he attended college. The court rules that al-Marri’s case belongs in South Carolina, where he is being held in strict isolation in the Charleston naval brig. Mark Berman, an attorney for al-Marri, says the ruling will be appealed to the Supreme Court. (The Court will decline to review the decision (see October 4, 2004).) Al-Marri’s lawyers say that wherever the case is heard, they will seek a writ of habeas corpus to require the government to justify its detention of their client. Government lawyers say they have evidence that al-Marri was in the US helping al-Qaeda plan terrorist attacks, but have refused to provide that evidence. [Associated Press, 3/10/2004]

Entity Tags: US Supreme Court, Alice Fisher, Al-Qaeda, Mark Berman, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

Vice President Dick Cheney gives the Congressional leaders known as the “Gang of Eight”—the House speaker and House minority leader, the Senate majority and minority leaders, and the ranking members of the House and Senate intelligence committees—their first briefing on the NSA’s warrantless wiretapping program (see Early 2002). The Democratic leaders at the meeting are House Minority Leader Nancy Pelosi (D-CA), Senate Minority Leader Tom Daschle (D-SD), House Intelligence Committee ranking member Jane Harman (D-CA), and Senate Intelligence Committee ranking member John D. Rockefeller (D-WV). Daschle (D-SD) later recalls the meeting as superficial. Cheney “talked like it was something routine,” Daschle will say. “We really had no idea what it was about.” Unbeknownst to many of the Congressional leaders, White House and Justice Department leaders are locked in a sharp dispute over whether or not the program is legal and should be continued; Cheney is preparing to send White House counsel Alberto Gonzales and chief of staff Andrew Card to Attorney General John Ashcroft’s hospital room to persuade the gravely ill, heavily sedated Ashcroft to overrule acting Attorney General James Comey and reauthorize the program (see March 10-12, 2004). The briefing is designed to give the appearance of Congressional approval for the program. While most Republicans in the briefing give at least tacit approval of the program, some Democrats, as Daschle will recall, expressed “a lot of concerns” over the program’s apparent violation of fundamental Congressional rights. Pelosi later recalls that she “made clear my disagreement with what the White House was asking.” But administration officials such as Gonzales will later say (see July 24, 2007) that the eight Congressional leaders are in “consensus” in supporting the program, a characterization that is patently false (see July 25, 2007). Gonzales will also later testify that today’s briefing does not cover the NSA wiretapping program, later dubbed the “Terrorist Surveillance Program” (TSP), another apparent falsehood contradicted by Democratic senators such as Rockefeller and Russ Feingold, as well as testimony and notes on the hospital room visit made by FBI Director Robert Mueller and a memo from John Negroponte, the director of national intelligence. Many feel that Gonzales is using the moniker “Terrorist Surveillance Program,” not in use until December 2005, to play what reporter Michael Isikoff calls “verbal parsing” and “a semantic game”—since the NSA wiretapping program is not known by this name at the time of the Congressional briefing, Gonzales will imply that the briefing wasn’t about that program. [Newsweek, 8/6/2007; Klein, 2009, pp. 88]
Cheney, Gonzales: Democrats on Board with Illegal Program - In Angler: The Cheney Vice Presidency, a 2008 book by Washington Post reporter Barton Gellman, Gonzales will claim there is a “consensus in the room” among Democrats and Republicans alike, and according to Gellman’s reporting on Gonzales, “four Democrats and four Republicans, duly informed that the Justice Department had ruled something unlawful, said the White House should do it anyway.” Cheney will confirm this allegation during a December 2008 appearance on Fox News. [Klein, 2009, pp. 88]
Domestic Surveillance Began before 9/11? - Cheney fails to inform the lawmakers that the wiretapping program may have begun well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: Richard (“Dick”) Cheney, National Security Agency, Robert S. Mueller III, Terrorist Surveillance Program, Tom Daschle, US Department of Justice, Russell D. Feingold, Nancy Pelosi, John Negroponte, John D. Rockefeller, Alberto R. Gonzales, Andrew Card, Michael Isikoff, Bush administration (43), Jane Harman, James B. Comey Jr., “Gang of Eight”, John Ashcroft

Timeline Tags: Civil Liberties

President Bush meets privately with acting Attorney General James Comey to discuss the Justice Department’s refusal to reauthorize the administration’s warrantless wiretapping program (see Late September, 2001). (Comey will later refuse to discuss the conversation during testimony before Congress.) After the meeting, Bush meets privately with FBI Director Robert Mueller, Comey’s partner in opposing the program (see March 10-12, 2004). After his meeting, Mueller tells Comey, “[W]e have the president’s direction to do what we believed, what the Justice Department believed was necessary to put this matter on a footing where we could certify its legality.” Author and reporter Charlie Savage will later write, “Comey, [Office of Legal Counsel chief Jack] Goldsmith, and their colleagues spent the next several weeks making a series of undisclosed changes to the warrantless surveillance program—during which time the original program continued to operate, even though the president had been told it was illegal.” Outside experts will later speculate that Comey and Goldsmith had constrained the program’s scope by imposing stricter controls on who can be monitored without a warrant. Some will decide that the program now monitors only communications specifically suspected to have a connection to al-Qaeda, not the more general “suspected terrorism” communications. They will also speculate that the authorization for the program now relies on Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001), not the president’s inherent authority as commander in chief. But, Savage will write, the program still allows wiretapping without a judge’s approval, and therefore is still illegal. [Savage, 2007, pp. 188]

Entity Tags: George W. Bush, Charlie Savage, US Department of Justice, Robert S. Mueller III, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

It was disclosed in 2003 that the NSA had intercepted several calls between hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001 and Summer 2002-Summer 2004). But in 2004, after revelations that the NSA has been wiretapping inside the US, some media begin to re-examine the circumstances of the hijackers’ calls from the US, as the Bush administration uses the example of these calls as a justification for the NSA’s domestic wiretapping program. [New York Times, 12/16/2005; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The calls are thought to be a key aspect of the alleged intelligence failures before 9/11. In late 1998, the FBI had started plotting intercepts of al-Qaeda calls to and from the communications hub on a map (see Late 1998-Early 2002). According to author Lawrence Wright, “[h]ad a line been drawn from the [communications hub] in Yemen to Alhazmi and Almihdhar’s San Diego apartment, al-Qaeda’s presence in America would have been glaringly obvious.” [Wright, 2006, pp. 343-344] In 2006, former NSA Director Michael Hayden will tell the Senate that if the NSA’s domestic wiretapping program had been active before 9/11, the NSA would have raised the alarm over the presence of hijackers Khalid Almihdhar and Nawaf Alhazmi in San Diego. [CNN, 5/19/2006] However, reports in the press suggest otherwise. For example, in one newspaper a senior intelligence official will say that it was not technically possible for the NSA, which had a budget of around $3.6 billion in 2000, to trace the calls. “Neither the contents of the calls nor the physics of the intercepts allowed us to determine that one end of the calls was in the United States,” says the official. [Bamford, 2002, pp. 482; US News and World Report, 3/15/2004] But another report flatly contradicts this. “NSA had the technical ability to pick up the actual phone number in the US that the switchboard was calling but didn’t deploy that equipment, fearing they would be accused of domestic spying.” [MSNBC, 7/21/2004] It is unclear why concerns about domestic spying allegations would prevent the NSA from passing the information on to the FBI. Almihdhar and Alhazmi were not US citizens, but foreign nationals who had entered the US illegally claiming to be tourists. In addition, there was a wealth of evidence connecting them to al-Qaeda (see Early 1999, January 5-8, 2000, and Early 2000-Summer 2001). In any event, the NSA did reportedly disseminate dispatches about some of these US calls (see Spring-Summer 2000). Some FBI officials will later profess not to know what went wrong and why they were not notified of the hijackers’ presence in the US by other agencies. A senior counterterrorism official will say: “I don’t know if they got half the conversation or none of it or hung up or whatever. All I can tell you is we didn’t get anything from it—we being the people at the FBI who could have done something about it. So were they sitting on it? I don’t know.” [Los Angeles Times, 12/21/2005] The US intelligence community, through the CIA, also had access to the phone company’s records for the Yemeni communications hub, which would have shown what numbers were being called in the US (see Late 1998-Early 2002).

Entity Tags: Michael Hayden, Khalid Almihdhar, Federal Bureau of Investigation, National Security Agency, Ahmed al-Hada, Bush administration (43), US intelligence, Salem Alhazmi, Nawaf Alhazmi

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

Richard Clarke, counterterrorism “tsar” from 1998 until October 2001, ignites a public debate by accusing President Bush of doing a poor job fighting al-Qaeda before 9/11. In a prominent 60 Minutes interview, he says: “I find it outrageous that the president is running for re-election on the grounds that he’s done such great things about terrorism. He ignored it. He ignored terrorism for months, when maybe we could have done something to stop 9/11.… I think he’s done a terrible job on the war against terrorism.” He adds: “We had a terrorist organization that was going after us! Al-Qaeda. That should have been the first item on the agenda. And it was pushed back and back and back for months.” He complains that he was Bush’s chief adviser on terrorism, yet he never got to brief Bush on the subject until after 9/11. [CBS News, 3/21/2004; CBS News, 3/21/2004; Guardian, 3/23/2004; Salon, 3/24/2004] Author Philip Shenon will call the interview “gripping” and comment that Clarke is “made for television.” This is because of his “urgent speaking style” and his “shock of white hair and ghostly pallor,” which makes it look like he has “emerged from years of hiding in sunless back rooms of the West Wing to share the terrible secrets he ha[s] learned.” [Shenon, 2008, pp. 277] The next day, his book Against All Enemies is released and becomes a bestseller. [Washington Post, 3/22/2004] He testifies before the 9/11 Commission a few days later (see March 24, 2004).

Entity Tags: George W. Bush, Richard A. Clarke, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Lawyers make their opening statements in the trial of Oklahoma City bombing conspirator Terry Nichols (see March 1, 2004), charged with 161 counts of first-degree murder in the bombing. Nichols is already serving a life sentence from a conviction in federal court (see December 23, 1997). Assistant District Attorney Lou Keel calls Nichols and executed Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) “partners in terror,” and tells of a plethora of evidence joining the two in the conspiracy to destroy the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Lead defense lawyer Brian T. Hermanson says that Nichols was the victim of “manipulation” and “betrayal” by his friend McVeigh. The prosecution seems to be following a similar path as that taken in Nichols’s federal trial, but Nichols’s defense is trying to raise new doubts about others possibly involved in the conspiracy (see March 16, 2004), including questioning the existence and identity of the infamous “John Doe No. 2,” a purported fellow conspirator who was never caught and whom the FBI has said never existed (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995).
Judge Lashes Prosecution for 'Inexcusable Conduct' - Judge Steven Taylor excoriates the prosecution for its “inexcusable conduct” in withholding an impropriety in jury selection, saying that the impropriety might cause a mistrial later in the case. Taylor says the Oklahoma County District Attorney’s office failed to inform the court until the jury was already chosen that among the 12 jurors and six alternates were three relatives of a prosecutor with local roots who had worked on jury selection. “The court cannot imagine why the prosecutors affirmatively chose not to reveal this information during the jury selection,” Taylor says, blaming prosecutor George Burnett for the lapse. Burnett, Taylor says, knew in early March that he was related to three or four people in the 357-member jury pool, but continued to participate in the process of jury selection that included three of his relatives. At that point, Burnett told his fellow prosecutors, but no one told Taylor until March 12, the day after the jury was selected and the process closed. The jurors bear no blame in the matter, Taylor says. He dismissed the three jurors in question, leaving only three alternates. If the jurors should fall below the requisite dozen, he warns, “the trial will not end in a mistrial, it will end in a dismissal with prejudice,” meaning Nichols cannot be retried on the charges. Prosecutors do not respond in court to Taylor’s admonishment, and say nothing to reporters, as Taylor has barred both sides from speaking to reporters about the case. [New York Times, 3/23/2004]

Entity Tags: Lou Keel, Brian Hermanson, George Burnett, Terry Lynn Nichols, Timothy James McVeigh, Steven W. Taylor

Timeline Tags: US Domestic Terrorism

March 24, 2004: Libby Lies to Grand Jury Again

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 pdf file; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]

Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Richard Clarke sworn in before the 9/11 Commission.Richard Clarke sworn in before the 9/11 Commission. [Source: CBC]Former counterterrorism “tsar” Richard Clarke testifies before the 9/11 Commission. Due to publicity generated by the publication of his book and a controversial appearance on 60 Minutes (see March 21, 2004), it is, in the words of author Philip Shenon, a “true Washington spectacle” and “one of those moments in the capital when anyone of importance in the city [is] in front of a television set.” Shenon will add, “It was being compared by reporters to the sort of drama that John Dean’s testimony provided in Watergate or Lieutenant Colonel Oliver North’s testimony offered in the Iran-Contra affair.” [Shenon, 2008, pp. 281-282]
Clarke Offers Apology - Clarke’s opening statement consists of little more than an apology to the relatives of the 9/11 victims. He says: “Your government failed you, those entrusted with protecting you failed you, and I failed you. For that failure, I would ask… for your understanding and forgiveness.” This leads to a moment of silence, then gasps and sobs. Shenon will point out, “It was the first apology that the 9/11 families had heard from anybody of importance in the Bush administration,” adding that it “was the moment of catharsis that many of the wives and husbands and children of the victims had been waiting for.”
Praises Clinton, Criticizes Bush - Under questioning, Clarke praises the Clinton administration, saying, “My impression was that fighting terrorism, in general, and fighting al-Qaeda, in particular, were an extraordinarily high priority in the Clinton administration—certainly no higher priority.” But he is very critical of the Bush administration, stating, “By invading Iraq… the president of the United States has greatly undermined the war on terrorism.” He says that under Bush before 9/11, terrorism was “an important issue, but not an urgent issue.… [CIA Director] George Tenet and I tried very hard to create a sense of urgency by seeing to it that intelligence reports on the al-Qaeda threat were frequently given to the president and other high-level officials. But although I continue to say it was an urgent problem, I don’t think it was ever treated that way.” He points out that he made proposals to fight al-Qaeda in late January 2001. While the gist of them was implemented after 9/11, he complains, “I didn’t really understand why they couldn’t have been done in February [2001].” He says that with a more robust intelligence and covert action program, “we might have been able to nip [the plot] in the bud.”
Republican Commissioners Ask Tough Questions - However, Clarke faces tough questioning from some of the Republican commissioners. Jim Thompson, who had been in contact with the White House before the hearing (see Morning, March 24, 2004), challenges Clarke over a briefing he gave in 2002 (see August 22, 2002 and March 24, 2004), which, according to Thompson, contradicts what Clarke is saying now. In addition, fellow Republican John Lehman confronts Clarke over what he sees as discrepancies between Clarke’s book and his private interviews with the Commission. Clarke replies that the differences arose because the Commission did not ask him about all the issues he covered in his book, such as his opposition to the invasion of Iraq. He adds that he will not accept any position in any administration formed by Democratic presidential candidate John Kerry.
Clarke Approved Saudi Flights - Clarke also clears up a mystery about the departure of Saudi Arabian nationals after the attacks, which has caused some controversy (see September 14-19, 2001), saying that he was the White House official that approved them. He did this after clearing it with the FBI, although he does not know “what degree of review the FBI did over those names.” [Washington Post, 3/24/2004; New York Times, 3/24/2004; 9/11 Commission, 3/24/2004; Shenon, 2008, pp. 282-289]
Testimony 'Arresting' - Author and media critic Frank Rich will later call Clarke’s testimony “arresting.” Rich will write that Clarke’s forceful, confident demeanor—“sonorous voice, secret-agent aura, and vaguely intimidating body language”—serves to brush back antagonistic Republicans such as Lehman and Thompson. Rich will write that the juxtaposition of Clarke’s damning testimony with President Bush’s bizarre comedy routine that same evening (pretending to hunt for Iraqi WMD under the Oval Office furniture—see March 24, 2004) is jarring. [Rich, 2006, pp. 114-119]

Entity Tags: John Lehman, Clinton administration, Richard A. Clarke, Bush administration (43), Frank Rich, 9/11 Commission, James Thompson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

At a campaign appearance in New Hampshire, President Bush refers to the 9/11 attacks, saying, “Had I known that the enemy was going to use airplanes to strike America, to attack us, I would have used every resource, every asset, every power of this government to protect the American people.” He also suggests that his predecessor, Democrat Bill Clinton, was more to blame for the attacks than he was, as the 9/11 Commission is looking at “eight months of my administration and the eight years of the previous administration.” This speech comes one day after his former counterterrorism “tsar,” Richard Clarke, had given damaging high-profile testimony to the Commission (see March 24, 2004). Author Philip Shenon will comment that Bush “was apparently hoping that his audience would forget that the August 6 [Presidential Daily Brief item (see August 6, 2001)] had warned specifically that planes might be hijacked by al-Qaeda within the United States.” [Shenon, 2008, pp. 289]

Entity Tags: George W. Bush, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

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