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Context of 'July 21, 2003: Rove Tells News Anchor that Plame Wilson Is ‘Fair Game’'

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In the months leading up to the war with Iraq, Bush administration officials manipulate the intelligence provided to them by analysts in order to drum up support for the invasion. Some analysts complain that they are under pressure to write assessments that support the administration’s case for invading Iraq. On March 7, 2002, Knight Ridder reports that various military officials, intelligence employees, and diplomats in the Bush administration have charged “that the administration squelches dissenting views and that intelligence analysts are under intense pressure to produce reports supporting the White House’s argument that Hussein poses such an immediate threat to the United States that preemptive military action is necessary.” [Knight Ridder, 10/7/2002]

Entity Tags: Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion

An editorial in the Washington Post published hours before the 9/11 attacks reads, “When it comes to foreign policy, we have a tongue-tied administration. After almost eight months in office, neither President Bush nor Secretary of State Colin Powell has made any comprehensive statement on foreign policy. It is hard to think of another administration that has done so little to explain what it wants to do in foreign policy.” [Washington Post, 9/11/2001] Two months before Bush’s election, many key members of Bush’s future administration signed a Project for the New American Century report that advocates a very aggressive US foreign policy. One British Member of Parliament will later call it a “blueprint for US world domination”(see September 2000). Yet there has been little sign of the foreign policy goals advocated in this report in the eight months before 9/11.

Entity Tags: Bush administration (43), George W. Bush, Colin Powell

Timeline Tags: Complete 911 Timeline

Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder.Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder. [Source: David Bohrer / White House]In the conference room of the Presidential Emergency Operations Center (PEOC), Vice President Cheney, National Security Adviser Condoleezza Rice, and their aides watch the South Tower collapsing on television. [Newsweek, 12/31/2001] Cheney will later say that the WTC coming down “was a shock to everybody—it certainly was to me.” [PBS, 9/9/2002] However, if he is indeed shocked, this is not how Cheney appears to others in the room. One witness who is present will later recall that, as the South Tower collapses, there is “a groan in the room that I won’t forget, ever. It seemed like one groan from everyone.” However, Cheney makes no sound, but closes his eyes for a long, slow blink. The witness says, “I remember turning my head and looking at the vice president, and his expression never changed.” [Washington Post, 6/24/2007] According to Mary Matalin, a counselor to the vice president, Cheney says nothing in response to the collapse, but “he emoted in a way that he emotes, which was to stop.” [CNN, 9/11/2002; CNN, 9/11/2002] When he is told that a casualty estimate ranges well into the thousands, the vice president reportedly just nods grimly. [Newsweek, 12/31/2001] According to the Washington Post, three people who are present say they see no sign now or later “of the profound psychological transformation that has often been imputed to Cheney.” What they see is “extraordinary self-containment and a rapid shift of focus to the machinery of power. While others assessed casualties and the work of ‘first responders,’ Cheney began planning for a conflict that would call upon lawyers as often as soldiers and spies.” He will promptly begin assembling the legal team that subsequently assists him in expanding presidential power (see (After 10:00 a.m.) September 11, 2001). [Washington Post, 6/24/2007]

Entity Tags: Mary Matalin, Richard (“Dick”) Cheney, Condoleezza Rice, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

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

During a phone call with Christopher Meyer, the British ambassador to the United States, National Security Adviser Condoleezza Rice suggests the possibility of Iraqi complicity in the attacks on New York and Washington. Following the strike on the Pentagon, Meyer held an emergency meeting of his staff at the British Embassy. He then calls Rice to offer condolences and support. He asks her who does she think was responsible for the attacks? In his 2005 memoirs, Meyer will recall: “The names al-Qaeda and Osama bin Laden were already in circulation. She said that the early evidence suggested that it was them. But there could also be a connection with Iraq. That would need investigating.” [BBC Radio 4, 2002 pdf file; Meyer, 2005, pp. 188 and 190] However, in a 2007 interview, he will suggest Rice might have made this reference to possible Iraqi complicity in a later call, saying, “I think it was in the same conversation [I had with Rice on the morning of September 11], or it may have been the next one we had very soon after, she said, ‘Well, one thing we need to look into is to see whether Iraq’s had anything to do with this.’” [PBS Frontline, 12/20/2007]

Entity Tags: Condoleezza Rice, Christopher Meyer

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

Will Chandler.Will Chandler. [Source: National Geographic]Vice President Dick Cheney phones President Bush and tells him the White House has received a credible threat against Air Force One. [Sammon, 2002, pp. 106-107; Woodward, 2002, pp. 18; CBS News, 9/11/2002] The White House has just received an anonymous phone call in which the caller said the president’s plane would be the next terrorist target (see (10:30 a.m.) September 11, 2001). [Woodward, 2002, pp. 18; 9/11 Commission, 7/24/2004, pp. 554] The caller referred to the plane as “Angel,” which is the Secret Service’s code name for Air Force One. [Fleischer, 2005, pp. 141-142] Details of the call were passed on to government officials, including Cheney, in the Presidential Emergency Operations Center (PEOC) below the White House. [White House, 11/19/2001; Newsweek, 12/30/2001; 9/11 Commission, 7/24/2004, pp. 554]
Cheney Tells Bush about a 'Credible' Threat - Cheney now tells Bush: “We’re getting reports of a threat against you. It appears credible,” Major Robert Darling of the White House Military Office, who is with Cheney in the PEOC, will later recall. Cheney says, “We’re scrambling fighter escorts and the Secret Service is taking internal precautions on board Air Force One.” [Darling, 2010, pp. 61] Bush turns to Lieutenant Colonel Thomas Gould, his military aide, and passes on the news, saying, “A call came into the White House switchboard saying, ‘Angel is next.’” Bush then continues talking with Cheney and says, “We’re at war, Dick, and we’re going to find out who did this and we’re going to kick their ass.” [Sammon, 2002, pp. 107; Fleischer, 2005, pp. 141-142]
Pilot Is Told of the Threat and Asks for a Guard at the Cockpit Door - Colonel Mark Tillman, the pilot of Air Force One, is told about the threat. [CBS News, 9/11/2002] Noting that “Angel” is “a classified call sign of Air Force One,” Tillman will comment that “the only people that knew that call sign was us, [the] Secret Service, and the staff.” Therefore, he will say, “for somebody [to] call into the White House and say that Angel was next, that was just incredible.” [US Air Force, 2/29/2012 pdf file] “It was serious before that, but now… no longer is it a time to get the president home,” Tillman will comment. “We actually have to consider everything we say. Everything we do could be intercepted and we have to make sure that no one knows what our position is.” Tillman asks to have an armed guard at his cockpit door. Will Chandler, the chief of security, is therefore summoned to the front of the plane and stands watch at the base of the stairs leading to the cockpit. No one is then allowed up these stairs. Secret Service agents double-check the identity of everyone on the plane, while the crew reviews the emergency evacuation plan. [CBS News, 9/11/2002; Politico Magazine, 9/9/2016]
Threat Influences the Decision to Fly to Nebraska - White House press secretary Ari Fleischer, who is on Air Force One with Bush, will say the threat against the president’s plane is what leads to the decision to take Bush to Offutt Air Force Base in Nebraska (see 2:50 p.m. September 11, 2001) and is also one of the reasons why Bush does not head back to Washington, DC, right away. [White House, 9/12/2001] However, during the afternoon, the Secret Service will determine that the reported threat was unfounded. [9/11 Commission, 7/24/2004, pp. 554] Shortly after Bush learns about the threat, Tillman will be informed that an aircraft that may have been hijacked is heading toward Air Force One (see (10:35 a.m.) September 11, 2001). [CBS News, 9/11/2002; CBS News, 1/17/2009] White House chief of staff Andrew Card will say he in fact learned a threat had been made against Air Force One almost an hour earlier, while he was being driven with Bush to Sarasota-Bradenton International Airport (see (Between 9:35 a.m. and 9:43 a.m.) September 11, 2001). [White House, 8/12/2002; White House, 8/16/2002; White House, 8/16/2002]

Entity Tags: Mark Tillman, Ari Fleischer, Richard (“Dick”) Cheney, George W. Bush, Robert J. Darling, US Secret Service, Will Chandler, Thomas Gould

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At around 8:00 p.m., Afghanistan time (11:30 a.m., New York time), Taliban leader Mullah Omar allegedly says, “Things have gone much further than expected.” This is according to what the New Yorker will describe as “Afghan intelligence sources” who monitor the call. (It is unclear what “Afghan intelligence sources” means, since the Taliban control nearly all of Afghanistan at this time, but it could be a reference to Northern Alliance forces; the CIA gave them equipment to monitor the Taliban (see Winter 1999-March 2000).) Omar’s comment takes place over an hour after one of the World Trade Center towers collapsed, which means thousands have been killed in the attacks, not hundreds (see 9:59 a.m. September 11, 2001). An Afghan intelligence official will later say: “They were expecting a reaction. But they thought it would be a Clinton-type reaction. They didn’t anticipate the kind of revenge that occurred.” [New Yorker, 6/10/2002] The “Clinton-type reaction” presumably is a reference to the August 1998 missile strikes on Sudan and Afghanistan during the Clinton administration (see August 20, 1998).

Entity Tags: Mullah Omar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, War in Afghanistan

Two sections from Rumsfeld’s notes, dictated to Stephen Cambone.Two sections from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department]Defense Secretary Rumsfeld aide Stephen Cambone is taking notes on behalf of Rumsfeld in the National Military Command Center. These notes will be leaked to the media nearly a year later. According to the notes, although Rumsfeld has already been given information indicating the 9/11 attacks were done by al-Qaeda (see 12:05 p.m. September 11, 2001) and he has been given no evidence so far indicating any Iraqi involvement, he is more interested in blaming the attacks on Iraq. According to his aide’s notes, Rumsfeld wants the “best info fast. Judge whether good enough hit S.H. [Saddam Hussein] at same time. Not only UBL [Osama bin Laden].… Need to move swiftly.… Go massive. Sweep it all up. Things related and not.” [CBS News, 9/4/2002; Bamford, 2004, pp. 285] In a 2004 book, author James Moore will write, “Unless Rumsfeld had an inspired moment while the rest of the nation was in shock, the notes are irrefutable proof that the Bush administration had designs on Iraq and Hussein well before the president raised his hand to take the oath of office.” [Moore, 3/15/2004, pp. 18]

Entity Tags: Stephen A. Cambone, Osama bin Laden, Saddam Hussein, Central Intelligence Agency, National Military Command Center, Donald Rumsfeld, Al-Qaeda

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

While President Bush is conducting a video conference with his principal advisers from a bunker beneath Offutt Air Force Base (see (3:15 p.m.) September 11, 2001), most of the people accompanying him are waiting in a conference room across the hallway. Among this group is Bush’s senior adviser Karl Rove. Rove later claims that, around this time, there are rumors that more planes remain unaccounted for. He says that, while “they’ve accounted for all four [hijacked] planes,” there are still concerns that “they’ve got another, I think, three or four or five planes still outstanding.” [New Yorker, 9/25/2001] However, according to the FAA, there are no such reports, and the White House and Pentagon had been quickly informed when US skies were completely cleared at 12:16 p.m. White House Communications Director Dan Bartlett later says he does not know from where Rove got the information about the additional unaccounted-for planes. [Wall Street Journal, 3/22/2004 pdf file] But according to tapes of the operations floor at NORAD’s Northeast Air Defense Sector later obtained by Vanity Fair, “False reports of hijackings, and real responses, continue well into the afternoon, though civilian air-traffic controllers had managed to clear the skies of all commercial and private aircraft by just after 12 p.m.” (See 10:15 a.m. and After September 11, 2001). [Vanity Fair, 8/1/2006] Despite the Secret Service’s advice that he should remain at Offutt, the president announces around this time that he is returning to Washington (see (4:00 p.m.) September 11, 2001).

Entity Tags: Dan Bartlett, Karl C. Rove, Federal Aviation Administration

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Tubb.Richard Tubb. [Source: US Air Force]Dr. Richard Tubb, the White House physician, gives everyone on Air Force One a week’s worth of Cipro, a drug used to treat anthrax. [Politico Magazine, 9/9/2016] Air Force One, with President Bush on board, took off from Offutt Air Force Base in Nebraska at around 4:33 p.m. (see (4:33 p.m.) September 11, 2001). [CNN, 9/12/2001; Draper, 2007, pp. 143]
Doctor Is Concerned about a Possible Biological Attack - Tubb will later recall that as the plane is then flying toward Washington, DC, “The thing at that moment I was most worried about was a biologic [attack].” In order to protect the White House staffers on the plane in the “unlikely but high-risk scenario” of such an attack occurring, he decides there is “little harm” in giving them antibiotics. He therefore gives everyone on the plane—presumably including the president—a week’s worth of Cipro. [Politico Magazine, 9/9/2016] Cipro is an antibiotic that is commonly used to treat anthrax. [Forbes, 10/17/2001]
Passengers Are Given an Envelope Containing Cipro - Brian Montgomery, the White House’s director of advance, notices Tubb giving the drug to the passengers on Air Force One. He sees the doctor leaning over each person, whispering to them, patting them on the shoulder, and giving them a small envelope containing Cipro. When Tubb reaches Montgomery, he asks him, “How do you feel?” Montgomery says he feels fine. “You don’t feel disoriented?” Tubb asks and Montgomery says no. Tubb asks, “Have you ever heard of Cipro?” and comments, “We don’t know what might’ve been in that school”—referring to the Emma E. Booker Elementary School in Sarasota, Florida, which Bush visited this morning (see (8:55 a.m.) September 11, 2001)—“so we’re just being careful.” Montgomery asks what the drug is used for and Tubb replies, “In case it’s anthrax.” [Politico Magazine, 9/9/2016]
Doctor Will Later Be Pleased at His Actions - Letters containing anthrax spores will be sent to media organizations and US government offices later this month and in October, leading to five people dying and a further 17 people becoming ill but surviving (see October 5-November 21, 2001). [South Florida Sun-Sentinel, 12/8/2001; BBC, 9/25/2006; CNN, 2/19/2010; National Public Radio, 2/15/2011] Commenting on this, Tubb will reflect, “It was scary later realizing later that fall [that] anthrax wasn’t as unimaginable as we’d thought.” “I was suddenly real pleased with how we’d reacted on the plane,” he will say. [Politico Magazine, 9/9/2016] Tubb is director of the White House Medical Unit and physician to the White House. He oversees all healthcare services within the White House and Camp David, and aboard executive aircraft. [US Air Force, 7/2006] Later today, staffers accompanying Vice President Dick Cheney to Camp David (see Shortly After 10:00 p.m. September 11, 2001) will also be given Cipro, supposedly as “a precaution” (see Evening, September 11, 2001). [Associated Press, 10/23/2001]

Entity Tags: Richard Tubb, Brian Montgomery

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Wurmser (left) and Michael Maloof (right).David Wurmser (left) and Michael Maloof (right). [Source: ThinkProgress.org (left) and PBS (right)]Deputy Defense Secretary Paul Wolfowitz and Undersecretary of Defense for Policy Douglas Feith set up a secret intelligence unit, named the Counter Terrorism Evaluation Group (CTEG—sometimes called the Policy Counterterrorism Evaluation Group), to sift through raw intelligence reports and look for evidence of a link between Iraq and al-Qaeda. [Risen, 2006, pp. 183-184; Quarterly Journal of Speech, 5/2006 pdf file]
Modeled after "Team B" - The four to five -person unit, a “B Team” commissioned by Secretary of Defense Donald Rumsfeld and modeled after the “Team B” analysis exercise of 1976 (see November 1976), is designed to study the policy implications of connections between terrorist organizations. CTEG uses powerful computers and software to scan and sort already-analyzed documents and reports from the CIA, the Defense Intelligence Agency, the National Security Agency, and other agencies in an effort to consider possible interpretations and angles of analysis that these agencies may have missed due to deeply ingrained biases. Middle East specialist Harold Rhode recruits David Wurmser to head the project. Wurmser, the director of Middle East studies for the American Enterprise Institute, is a known advocate of regime change in Iraq, having expressed his views in a 1997 op-ed piece published in the Wall Street Journal (see November 12, 1997) and having participated in the drafting of the 1996 policy paper for Israeli prime minister Benjamin Netanyahu, A Clean Break: A New Strategy for Securing the Realm (see July 8, 1996). F. Michael Maloof, a former aide to Richard Perle, is also invited to take part in the effort, which becomes known internally as the “Wurmser-Maloof” project. Neither Wurmser nor Maloof are intelligence professionals [Washington Times, 1/14/2002; New York Times, 10/24/2002; Mother Jones, 1/2004; Los Angeles Times, 2/8/2004; Reuters, 2/19/2004; Quarterly Journal of Speech, 5/2006 pdf file] , but both are close friends of Feith’s.
Countering the CIA - Since the days of Team B, neoconservatives have insisted the CIA has done nothing but underestimate and downplay the threats facing the US. “They have a record over 30 years of being wrong,” says Defense Policy Board member Richard Perle, who adds that the CIA refuses to even allow for the possibility of a connection between Iraq and al-Qaeda—one of the topics that most interests Wurmser and Maloof. [Unger, 2007, pp. 226-227]
Finding Facts to Fit Premises - Maloof and Wurmser set up shop in a small room on the third floor of the Pentagon, where they set about developing a “matrix” that charts connections between terrorist organizations and their support infrastructures, including support systems within nations themselves. Both men have security clearances, so they are able to draw data from both raw and finished intelligence products available through the Pentagon’s classified computer system. More highly classified intelligence is secured by Maloof from his previous office. He will later recall, “We scoured what we could get up to the secret level, but we kept getting blocked when we tried to get more sensitive materials. I would go back to my office, do a pull and bring it in.… We discovered tons of raw intelligence. We were stunned that we couldn’t find any mention of it in the CIA’s finished reports.” Each week, Wurmser and Maloof report their findings to Stephen Cambone, a fellow member of the Project for the New American Century (PNAC—see January 26, 1998) neoconservative and Feith’s chief aide. George Packer will later describe their process, writing, “Wurmser and Maloof were working deductively, not inductively: The premise was true; facts would be found to confirm it.” CTEG’s activities cause tension within the intelligence community. Critics claim that its members manipulate and distort intelligence, “cherry-picking” bits of information that support their preconceived conclusions. Although the State Department’s own intelligence outfit, the Bureau of Intelligence and Research (INR), is supposed to have access to all intelligence materials circulating through the government, INR chief Greg Thielmann later says, “I didn’t know about its [CTEG’s] existence. They were cherry-picking intelligence and packaging it for [Vice President] Cheney and [Defense Secretary] Donald Rumsfeld to take to the president. That’s the kind of rogue operation that peer review is intended to prevent.” A defense official later adds, “There is a complete breakdown in the relationship between the Defense Department and the intelligence community, to include its own Defense Intelligence Agency. Wolfowitz and company disbelieve any analysis that doesn’t support their own preconceived conclusions. The CIA is enemy territory, as far are they’re concerned.” Wurmser and Maloof’s “matrix” leads them to conclude that Hamas, Hezbollah, Islamic Jihad, and other groups with conflicting ideologies and objectives are allowing these differences to fall to the wayside as they discover their shared hatred of the US. The group’s research also leads them to believe that al-Qaeda has a presence in such places as Latin American. For weeks, the unit will attempt to uncover evidence tying Saddam Hussein to the 9/11 attacks, a theory advocated by both Feith and Wolfowitz. [Washington Times, 1/14/2002; New York Times, 10/24/2002; Mother Jones, 1/2004; Los Angeles Times, 2/8/2004; Quarterly Journal of Speech, 5/2006 pdf file; Unger, 2007, pp. 226-227]
Denial - Defending the project, Paul Wolfowitz will tell the New York Times that the team’s purpose is to circumvent the problem “in intelligence work, that people who are pursuing a certain hypothesis will see certain facts that others won’t, and not see other facts that others will.” He insists that the special Pentagon unit is “not making independent intelligence assessments.” [New York Times, 10/24/2002] The rest of the US intelligence community is not impressed with CTEG’s work. “I don’t have any problem with [the Pentagon] bringing in a couple of people to take another look at the intelligence and challenge the assessment,” former DIA analyst Patrick Lang will later say. “But the problem is that they brought in people who were not intelligence professionals, people were brought in because they thought like them. They knew what answers they were going to get.” [Unger, 2007, pp. 226-227]
Dismissing CIA's Findings that Iraq, al-Qaeda are Not Linked - One example is an early CTEG critique of a CIA report, Iraq and al-Qaeda: Interpreting a Murky Relationship. CTEG notes that the CIA included data indicating links between Iraq and al-Qaeda, and then blast the agency for “attempt[ing] to discredit, dismiss, or downgrade much of this reporting, resulting in inconsistent conclusions in many instances.” In CTEG’s view, policy makers should overlook any equivocations and discrepancies and dismiss the CIA’s guarded conclusions: “[T]he CIA report ought to be read for content only—and CIA’s interpretation ought to be ignored.” Their decision is powered by Wolfowitz, who has instructed them to ignore the intelligence community’s view that al-Qaeda and Iraq were doubtful allies. They also embrace the theory that 9/11 hijacker Mohammad Atta met with an Iraqi official in Prague, a theory discredited by intelligence professionals (see December 2001 and Late July 2002). Author Gordon R. Mitchell refers to the original Team B in calling the critique “1976 redux, with the same players deploying competitive intelligence analysis to sweep away policy obstacles presented by inconvenient CIA threat assessments.” In 1976, the Team B members were outsiders; now they are, Mitchell will write, “firmly entrenched in the corridors of power. Control over the levers of White House bureaucracy enabled Rumsfeld and Wolfowitz to embed a Team B entity within the administration itself. The stage was set for a new kind of Team B intelligence exercise—a stealth coup staged by one arm of the government against the other.” [Quarterly Journal of Speech, 5/2006 pdf file; Agence France-Presse, 2/9/2007]
Stovepiping Information Directly to White House - The group is later accused of stovepiping intelligence directly to the White House. Lang later tells the Washington Times: “That unit had meetings with senior White House officials without the CIA or the Senate being aware of them. That is not legal. There has to be oversight.” According to Lang and another US intelligence official, the two men go to the White House several times to brief officials, bypassing CIA analysts whose analyses they disagreed with. They allegedly brief White House staffers Stephen Hadley, the deputy national security adviser, and Lewis “Scooter” Libby, chief of staff for Vice President Richard Cheney, according to congressional staffers. [Washington Times, 7/29/2004] In October 2004, Senator Carl Levin (D-MI) will conclude, “[T]he differences between the judgments of the IC [intelligence community] and the DOD [Department of Defense] policy office [CTEG] might have been addressed by a discussion between the IC and DOD of underlying assumptions and the credibility and reliability of sources of raw intelligence reports. However, the IC never had the opportunity to defend its analysis, nor point out problems with DOD’s ‘alternative’ view of the Iraq-al-Qaeda relationship when it was presented to the policymakers at the White House.” Levin will add, “Unbeknownst to the IC, policymakers were getting information that was inconsistent with, and thus undermined, the professional judgments of the IC experts. The changes included information that was dubious, misrepresented, or of unknown import.” [Quarterly Journal of Speech, 5/2006 pdf file]
Passing Intelligence to INC - According to unnamed Pentagon and US intelligence officials, the group is also accused of providing sensitive CIA and Pentagon intercepts to the US-funded Iraqi National Congress, which then pass them on to the government of Iran. [Washington Times, 7/29/2004] “I knew Chalabi from years earlier,” Maloof later recalls, “so I basically asked for help in giving us direction as to where to look for information in our own system in order to be able to get a clear picture of what we were doing. [Chalabi and his Iraqi National Congress] were quite helpful.” [Unger, 2007, pp. 226-227]
CTEG Evolves into OSP - By August 2002, CTEG will be absorbed into a much more expansive “alternative intelligence” group, the Office of Special Plans (OSP—see September 2002). Wurmser will later be relocated to the State Department where he will be the senior adviser to Undersecretary Of State for Arms Control John Bolton.(see September 2002). [American Conservative, 12/1/2003; Mother Jones, 1/2004; Quarterly Journal of Speech, 5/2006 pdf file]
Public Finally Learns of CTEG's Existence - Over a year after its formation, Rumsfeld will announce its existence, but only after the media reveals the existence of the OSP (see October 24, 2002).

Entity Tags: Counter Terrorism Evaluation Group, David Wurmser, Donald Rumsfeld, Douglas Feith, F. Michael Maloof, Harold Rhode, Lewis (“Scooter”) Libby, Gordon R. Mitchell, ’Team B’, Stephen J. Hadley, Paul Wolfowitz, Greg Thielmann, Richard Perle

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

CIA Director George Tenet and Cofer Black, the director of the CIA’s Counterterrorist Center, meet at 9:30 a.m. in the White House Situation Room with President Bush and the National Security Council. Tenet presents a plan for tracking down Osama bin Laden, toppling the Taliban in Afghanistan, and confronting terrorism worldwide. According to journalist Bob Woodward, the plan involves “bringing together expanded intelligence-gathering resources, sophisticated technology, agency paramilitary teams and opposition forces in Afghanistan in a classic covert action. They would then be combined with US military power and Special Forces into an elaborate and lethal package designed to destroy the shadowy terrorist networks.” A key concept is to utilize the Northern Alliance, which is the main opposition force in Afghanistan. Despite being “a strained coalition of sometimes common interests,” Tenet says that along with the CIA teams “and tons of money, the Alliance could be brought together into a cohesive fighting force.” Black gives a presentation describing the effectiveness of covert action. He says they will need to go after the Taliban as well as al-Qaeda, as the two are joined at the hip. He wants the mission to begin as soon as possible, and adds, “When we’re through with them, they will have flies walking across their eyeballs.” Black claims that once they are on the ground, victory could be achieved in weeks. According to Bob Woodward, “No one else in the room, including Tenet, believed that was possible.” Black also warns the president, “Americans are going to die.… How many, I don’t know. Could be a lot.” Bush responds, “That’s war. That’s what we’re here to win.” This is the second presentation laying out an increasingly detailed set of CIA proposals for expanding its fight against terrorism. (George Tenet had given the first when he met with the president the day before (see September 12, 2001).) Tenet will give a more detailed presentation of the CIA’s covert action plan two days later, at Camp David (see September 15, 2001). [Woodward, 2002, pp. 50-53; Washington Post, 1/29/2002; Kessler, 2003, pp. 233-234]

Entity Tags: George J. Tenet, Central Intelligence Agency, Al-Qaeda, Cofer Black, George W. Bush, National Security Council, Osama bin Laden, Northern Alliance, Taliban

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, War in Afghanistan

The CIA intelligence liaison in Prague is told by the Czech intelligence agency (BIS) that one of its informants in the local Prague Arab community believes the Hamburg “student” he had seen meeting with Iraqi diplomat Ahmed Khalil Ibrahim Samir al-Ani on April 8, 2001 in a restaurant outside of Prague was 9/11 plotter Mohamed Atta. (see April 8, 2001) Czech intelligence treats the claim skeptically because it comes only after Atta’s picture has been broadcast on television and after the Czech press reported that records showed Atta had traveled to Prague. FBI agents go to the Czech Republic and are given full access to Czech intelligence material. This information leads hawks to come up with the so-called “Prague Connection” theory, which holds that 9/11 plotter Mohamed Atta flew to Prague on April 8, met with al-Ani to discuss the planning and financing of the 9/11 attacks, and returned to the US on either April 9 or 10. The theory will be widely debated but generally discounted by the end of 2004. [New York Times, 10/21/2002; New York Times, 11/19/2003 Sources: Jan Kavan]

Entity Tags: Ahmed Khalil Ibrahim Samir al-Ani, Mohamed Atta

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

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

Former CIA Director James Woolsey makes a secret trip to Europe to find evidence that could link the Iraqi government to various terrorist attacks. Deputy Defense Secretary Paul Wolfowitz funds and supports his trip. He visits Wales in a fruitless search for evidence to link Iraq to the 1993 World Trade Center bombing (see Late September 2001). But he also looks for evidence tying Iraq to 9/11 and the anthrax attacks once they become publicly known in early October (see October 5-November 21, 2001). The Village Voice will later report, “Woolsey was also asked to make contact with Iraqi exiles and others who might be able to beef up the case that hijacker Mohamed Atta was working with Iraqi intelligence to plan the September 11 attacks, as well as the subsequent anthrax mailings.” [Village Voice, 11/21/2001] In late October, the Iraqi National Congress (INC), the exile group opposed to Saddam Hussein, says it recently held meetings in London with him. [Daily Telegraph, 10/26/2001] Woolsey is a prominent neoconservative and already has extensive links with the INC (see 2000). It is unknown exactly what Woolsey does in Europe, but his trip has an apparent effect on the media. In addition to numerous articles about Atta’s alleged Prague visit, some articles appear attempting to tie Atta and the Iraqi government to the anthrax attacks as well. For instance, on October 14, 2001, The Observer will report, “According to sources in the Bush administration, investigators are talking to Egyptian authorities who say members of the al-Qaeda network, detained and interrogated in Cairo, had obtained phials of anthrax in the Czech Republic.” [Observer, 10/14/2001] And in late October, the London Times will not only report that Atta was given a vial of anthrax in Prague, but that he met with Iraqi agents numerous times all over Europe (see October 27, 2001). But no hard evidence will emerge supporting any of these allegations pushed by Woolsey.

Entity Tags: Mohamed Atta, Iraqi National Congress, Saddam Hussein, James Woolsey, Paul Wolfowitz

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Neoconservative Influence, 2001 Anthrax Attacks

The contents of the anthrax letter addressed to Tom Brokaw. The contents of the anthrax letter addressed to Tom Brokaw. [Source: FBI]A letter addressed to news anchor Tom Brokaw at NBC News is mailed from Princeton, New Jersey. It is postmarked September 18, 2001, which means it is dropped into a mailbox either some time after 5 p.m. on September 17 or some time before 5 p.m. on September 18. The letter contains deadly anthrax spores and a short message in slanting block letters:
bullet 09-11-01
bullet THIS IS NEXT
bullet TAKE PENACILIN NOW
bullet DEATH TO AMERICA
bullet DEATH TO ISRAEL
bullet ALLAH IS GREAT
There is no return address and the word penicillin is misspelled. The letter is opened on October 12, turned over to the FBI the same day, and tests positive for anthrax the next day. Several days later, an employee at the New York Post is diagnosed with cutaneous anthrax. An unopened letter is found at the Post’s editorial office, addressed to “Editor.” It also is found to contain real anthrax and the exact same message as the Brokaw letter, and was postmarked on the same day and from the same location. That same week, an employee at CBS News and the infant son of an ABC News employee are diagnosed with anthrax infections, but no letters are found in their New York offices. It is presumed those letters are mailed with the other two, but are thrown away. Also, several employees at a Florida building containing the offices of the Sun, a tabloid, get sick with anthrax infections. However, no letter is found there either. The victims at the Sun suffer from the more deadly inhalation anthrax instead of cutaneous anthrax, suggesting that letter could be sent separately. That letter appears to be directed at the National Enquirer, another tabloid owned by the same company as the Sun, but was redirected to the Sun due to a recent relocation of the Enquirer’s offices. [New York Times, 12/5/2001; Vanity Fair, 9/15/2003] A second wave of anthrax letters follows in early October (see October 6-9, 2001).

Entity Tags: CBS News, New York Post, NBC News, National Enquirer, Tom Brokaw, ABC News

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

On September 12, 2001, President Bush spoke to counterterrorism “tsar” Richard Clarke and told him to look into possible Iraqi links to the 9/11 attacks (see September 12, 2001). Clarke works with CIA and FBI experts to make a report on the issue. [Vanity Fair, 5/2004, pp. 238] On September 18, Clarke sends a memo to National Security Adviser Condoleezza Rice entitled, “Survey of Intelligence Information on Any Iraq Involvement in the September 11 Attacks.” It passes along a few foreign intelligence reports, including a report just coming out of the Czech Republic alleging that hijacker Mohamed Atta met an Iraqi agent in Prague in April 2001. But it concludes there is no compelling case that Iraq had planned the 9/11 attacks. It further points out that allegations of any ties between al-Qaeda and the Iraqi government are weak, especially since bin Laden resents the secular nature of Saddam Hussein’s government. [9/11 Commission, 7/24/2004, pp. 335, 559] Clarke will later claim that the first draft of his memo was returned by National Security Adviser Rice or her deputy Stephen Hadley because it did not find any link between Iraq and al-Qaeda. He says, “It got bounced and sent back, saying ‘Wrong answer…. Do it again.’” Rice and Hadley will later deny that they asked to have the memo redone for this reason. Clarke does not know if Bush ever sees his report. “I don’t think he sees memos that he doesn’t-wouldn’t like the answer.” [Vanity Fair, 5/2004, pp. 238; 9/11 Commission, 7/24/2004, pp. 559]

Entity Tags: Richard A. Clarke, George W. Bush, Condoleezza Rice, Stephen J. Hadley

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

The Defense Policy Board (DPB) meets in secret in Defense Secretary Donald Rumsfeld’s Pentagon conference room on September 19 and 20 for 19 hours to discuss the option of taking military action against Iraq. [New York Times, 10/12/2001] They also discuss how they might overcome some of the diplomatic and political pressures that would likely attempt to impede a policy of regime change in Iraq. [New York Times, 10/12/2001] Among those attending the meeting are Rumsfeld, Deputy Defense Secretary Paul Wolfowitz, Princeton academic Bernard Lewis, Iraqi National Congress leader Ahmed Chalabi (see 1992-1996), Chalabi’s aide Francis Brooke, and the 18 members of the DPB. [New York Times, 10/12/2001; Vanity Fair, 5/2004, pp. 236; New Yorker, 6/7/2004] Defense Intelligence Agency official Patrick Lang will later call the DPB “a neocon[servative] sanctuary,” boasting such members as former House Speaker Newt Gingrich, former CIA Director James Woolsey, former arms control adviser Ken Adelman, former Undersecretary of Defense Fred Ikle, and former Vice President Dan Quayle. [Middle East Policy Council, 6/2004]
Powell, State Officials Not Informed of Meeting - Secretary of State Colin Powell and other State Department officials in charge of US policy toward Iraq are not invited and are not informed of the meeting. A source will later tell the New York Times that Powell was irritated about not being briefed on the meeting. [New York Times, 10/12/2001]
Chalabi, Lewis Lead Discussion - During the seminar, two of Richard Perle’s invited guests, Chalabi and Lewis, lead the discussion. Lewis says that the US must encourage democratic reformers in the Middle East, “such as my friend here, Ahmed Chalabi.” Chalabi argues that Iraq is a breeding ground for terrorists and asserts that Saddam Hussein’s regime has weapons of mass destruction. [Vanity Fair, 5/2004, pp. 232; Middle East Policy Council, 6/2004] He also asserts “there’d be no resistance” to an attack by the US, “no guerrilla warfare from the Ba’athists, and [it would be] a quick matter of establishing a government.” [New Yorker, 6/7/2004]
Overthrow of Hussein Advocated - Attendees write a letter to President Bush calling for the removal of Saddam Hussein. “[E]ven if evidence does not link Iraq directly to the attack [of 9/11], any strategy aiming at the eradication of terrorism and its sponsors must include a determined effort to remove Saddam Hussein from power in Iraq. Failure to undertake such an effort will constitute an early and perhaps decisive surrender in the war on international terrorism,” the letter reads. The letter is published in the Washington Times on September 20 (see September 20, 2001) in the name of the Project for the New American Century (PNAC), a neoconservative think tank that believes the US needs to shoulder the responsibility for maintaining “peace” and “security” in the world by strengthening its global hegemony. [Project for the New American Century, 9/20/2001; Manila Times, 7/19/2003] Bush reportedly rejects the letter’s proposal, as both Vice President Dick Cheney and Powell agree that there is no evidence implicating Saddam Hussein in the 9/11 attacks. [New York Times, 10/12/2001]
Woolsey Sent to Find Evidence of Hussein's Involvement - As a result of the meeting, Wolfowitz sends Woolsey to London to find evidence that Saddam Hussein was behind the 9/11 attacks and the earlier 1993 attack on the World Trade Center (see Mid-September-October 2001). [Middle East Policy Council, 6/2004]

Entity Tags: Newt Gingrich, Paul Wolfowitz, James Woolsey, Kenneth Adelman, Patrick Lang, Harold Brown, Defense Policy Board, Francis Brooke, Adm. David E. Jeremiah, Fred C. Ikle, Ahmed Chalabi, Dan Quayle, Bernard Lewis, Henry A. Kissinger, Donald Rumsfeld

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

Neoconservative author, ad hoc White House foreign policy adviser, and one-time intelligence asset Michael Ledeen, one of the loudest voices for US military expansionism throughout the Middle East (see February 19, 1998 and October 29, 2001), writes that the US must use Iraq as the first battle of a much larger war.
Must Expand Mission to Destroy Governments, Not Merely Terror Organizations - In his book The War Against the Terror Masters: Why It Happened. Where We Are Now. How We’ll Win, Ledeen writes that the US must destroy the governments of the nations that he claims sponsor Islamist terrorism. “First and foremost, we must bring down the terror regimes, beginning with the Big Three: Iran, Iraq, and Syria,” Ledeen writes. “And then we have to come to grips with Saudi Arabia.… Once the tyrants in Iran, Iraq, Syria, and Saudi Arabia have been brought down, we will remain engaged.… We have to ensure the fulfillment of the democratic revolution.… Stability is an unworthy American mission, and a misleading concept to boot. We do not want stability in Iran, Iraq, Syria, Lebanon, and even Saudi Arabia; we want things to change. The real issue is not whether, but how to destabilize.”
US a Force for 'Creative Destruction' - The US’s current mission of battling Islamist terror is “unworthy” of such a militarily powerful nation, Ledeen asserts, and defines its true “historic mission:” “Creative destruction is our middle name, both within our society and abroad. We tear down the old order every day, from business to science, literature, art, architecture, and cinema to politics and the law. Our enemies have always hated this whirlwind of energy and creativity which menaces their traditions (whatever they may be) and shames them for their inability to keep pace.… [W]e must destroy them to advance our historic mission.” The US must be “imperious, ruthless, and relentless,” he continues, until there has been “total surrender” by the Muslim world. “We must keep our fangs bared, we must remind them daily that we Americans are in a rage, and we will not rest until we have avenged our deed, we will not be sated until we have had the blood of every miserable little tyrant in the Middle East, until every leader of every cell of the terror network is dead or locked securely away, and every last drooling anti-Semitic and anti-American mullah, imam, sheikh, and ayatollah is either singing the praises of the United States of America, or pumping gasoline for a dime a gallon on an American military base near the Arctic Circle.”
Buchanan: Ledeen's Statement Not Truly Conservative - Conservative author and commentator Pat Buchanan will write in 2003, “Passages like this owe more to Leon Trotsky than to Robert Taft and betray a Jacobin streak in neoconservatism that cannot be reconciled with any concept of true conservatism.” [American Conservative, 3/24/2003; Unger, 2007, pp. 231-232]

Entity Tags: Bush administration (43), Michael Ledeen

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

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

In an op-ed column for the neoconservative Weekly Standard, writers Thomas Donnelly and Gary Schmitt state that the US’s enemies “want to push the United States out of the Middle East. Our response must be to prevent that.” Donnelly and Schmitt, members of the Project for the New American Century think tank (PNAC—see January 26, 1998 and September 2000), say that such an effort “will require more than a vague, unfocused ‘war on terrorism.‘… Last week’s strikes represent a new and more complex phase of this war. But this is not a new war. This is a ‘theater war’ in the classic sense. Neither [O]sama bin Laden nor Saddam [Hussein] cares much about America’s role in Europe or East Asia. They want us out of their region.”
Reasserting Dominance in Middle East - The US can win this “struggle for power in the Persian Gulf” by “reasserting our role as the region’s dominant power; as the guarantor of regional security; and as the protector of Israel, moderate Arab regimes, and the economic interests of the industrialized world.” Donnelly and Schmitt trace the US’s problems in the region back to the decision not to overthrow Hussein in 1991 (see January 16, 1991 and After). “As Saddam has crawled back from defeat,” they write, “bin Laden has grown increasingly bold. Meanwhile, our regional allies have begun to hedge their bets, not only with the terrorists and Iraq, but with Iran as well.” The US should focus on routing both bin Laden and Hussein from the region, they say. It is unclear if Hussein was involved in the 9/11 attacks, they say, though they assert that Hussein was “implicated in the 1993 World Trade Center bombing (see February 26, 1993 and October 2000).… But as with bin Laden, we have long known that Saddam is our enemy, and that he would strike us as hard as he could. And if we have learned anything at all from [the] past week, it is that adopting a defensive posture risks attacks with unacceptable consequences. The only reasonable course when faced with such foes is to preempt and to strike first.” Overthrowing Hussein “is the key to restoring our regional dominance and preventing our enemies from achieving their war aims.… When Bush administration officials speak of ‘ending’ regimes that participate in the war against America, they must mean Saddam Hussein’s Iraq” (see Before January 20, 2001).
Cowing Other Nations, Restoring 'Global Credibility' - Overthrowing the Iraqi government will also cow Iran, Syria, and other regional threats, the authors say, and “will restore the global credibility tarnished in the Clinton years. Both our friends and our enemies will be watching to see if we pass this test.” Although attacking Afghanistan is not necessary, toppling the Saddam regime will not be difficult in a military sense, and “the larger challenge will be occupying Iraq after the fighting is over.”
Surpluses Will Pay for Effort - The so-called “lockboxes”—Social Security funds and others—previously kept from being spent on other government programs are, the authors write, “yesterday’s news,” but the sharp increases in defense spending that this war effort will require will not be difficult to fund: “given the surpluses that exist, there is no impediment to such increases.” [Weekly Standard, 9/24/2001]

Entity Tags: Thomas Donnelly, Gary Schmitt, Weekly Standard, Project for the New American Century

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]

Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

A letter postmarked September 26, 2001 is sent to the FBI that seems to blame scientist Ayaad Assaad for the upcoming anthrax attacks. Assaad is an Egyptian-American. The letter is sent days after the first anthrax-laced letters were sent out (see September 17-18, 2001), but days before the first media reports of any anthrax-related illnesses (see October 4, 2001 and Shortly Afterwards). The letter will be received by the FBI on October 2 (see October 2, 2001). [Associated Press, 5/16/2004]

Entity Tags: Ayaad Assaad

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

During a National Security Council meeting attended by CIA Director Tenet, National Security Adviser Rice, Secretary of State Powell, Vice President Cheney and others, President Bush says of the 9/11 attacks, “Many believe Saddam [Hussein] is involved. That’s not an issue for now. If we catch him being involved, we’ll act. He probably was behind this in the end.” He also says, “What we do in Afghanistan is an important part of our effort. It’s important to be serious and that’ll be a signal to other countries about how serious we are on terror.” He mentions Syria and Iran as countries he wants to warn. This is according to journalist Bob Woodward, who interviews many top officials at the meeting. [Woodward, 2002, pp. 167] One week earlier, the CIA advised Bush that there was no link between al-Qaeda and the Iraqi government. CIA Director Tenet also told Bush that the one alleged connection between Iraq and the 9/11 attack “just doesn’t add up” (see September 21, 2001).

Entity Tags: National Security Council, Bob Woodward, Colin Powell, Condoleezza Rice, Richard (“Dick”) Cheney, Saddam Hussein, George J. Tenet, George W. Bush

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

James Bamford.James Bamford. [Source: PBS]According to author James Bamford, SISMI passes on details of the alleged Iraq-Niger uranium deal “to the Executive Committee of the Intelligence and Security Services (CESIS), which in turn pass[es] it on to the Faresine, the Italian Foreign Ministry, and to Prime Minister Silvio Berlusconi at his office in Rome’s Palazzo Chigi. Only the Farnesina raise[s] ‘strong objection’ and ‘reservations’ about the report—primarily from the African Countries Directorate. They [are] greatly concerned about the reliability of the information.” [Bamford, 2004, pp. 303]

Entity Tags: Silvio Berlusconi, Italian Foreign Ministry, SISMI, Committee of the Intelligence and Security Services

Timeline Tags: Niger Uranium and Plame Outing

The FBI hires Hadia Roberts, the daughter of a former Pakistani general who is thought to have worked as a spy in the US, despite objections by the FBI agent that vets her. John Cole, manager of the FBI national counter-intelligence program for India, Pakistan, and Afghanistan, says he is alerted to her by the personnel security officer, who thinks the woman might not be suitable as an Urdu translator.
Alarming Information - Cole examines the file and “it stuck out a mile: she was the daughter of a retired Pakistani general who had been their military attaché in Washington.” Cole is aware that “[e]very single military attaché they’ve ever assigned has been a known intelligence officer.” [Vanity Fair, 9/2005; Antiwar (.com), 10/8/2005; Sunday Times (London), 1/6/2008] In addition, several hits appear for her father’s name when it is run through the FBI’s computer and at one time he had been the subject of an FBI investigation, which is “an alarming piece of information that was somehow overlooked in the preliminary background check.” Further, the former attaché spends six months in the US a year, and Cole will later comment, “He’s got a lot of friends that are still there in military intelligence, and he more than likely talks to them frequently, living there as he does six months out of the year.” What is more, the results of Roberts’ polygraph examination are inconclusive, so Cole recommends she not be hired.
Hired Anyway - However, a week later she is given a job, top secret security clearance, and access to sensitive compartmentalized information. Colleagues say that Roberts frequently boasts her father is a retired general and say she is such an Islamic “zealot” that she tries to convert her colleagues to Islam. [Sperry, 2005, pp. 155-8] A few weeks later, an FBI field office finds that classified information has been provided to Pakistanis, but it is not known who leaked it, although an investigation will determine that it must have been either the technical agent or one of the Urdu translators. Roberts will still be translating Urdu for the FBI in July 2005, when this incident is first mentioned in the press. [Sperry, 2005, pp. 155-8; Vanity Fair, 9/2005; Antiwar (.com), 10/8/2005] Around this time the FBI is investigating a nuclear technology smuggling ring headed by Pakistani intelligence and allegedly assisted by top US officials (see Mid-Late 1990s, (1997-2002), and 2000-2001).

Entity Tags: Federal Bureau of Investigation, John Cole

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

The Justice Department’s John Yoo, an official in the Office of Legal Counsel (OLC), issues a secret opinion regarding legal statutes governing the use of certain interrogation techniques. The opinion will not be made public; its existence will not be revealed until October 18, 2007, when future OLC head Steven Bradbury will note its existence as part of an American Civil Liberties Union (ACLU) lawsuit. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. [Source: Reuters and Associated Press] (click image to enlarge)Two waves of letters containing anthrax are received by media outlets including NBC and the New York Post (see September 17-18, 2001), and Democratic senators Tom Daschle and Patrick Leahy (see October 6-9, 2001). The letters sent to the senators both contain the words “Death to America, Death to Israel, Allah is Great.” Five people die:
bullet October 5: Robert Stevens, 63, an employee at the Sun, a tabloid based in Florida.
bullet October 21: Thomas Morris Jr., 55, a postal worker in Washington, DC.
bullet October 22: Joseph Curseen Jr., 47, a postal worker in Washington, DC.
bullet October 31: Kathy Nguyen, 61, a hospital employee in New York City.
bullet November 21: Ottilie Lundgren, 94, of Oxford, Connecticut.
At least 22 more people get sick but survive. Thirty-one others test positive for exposure. As a result of these deaths and injuries, panic sweeps the nation. On October 16, the Senate office buildings are shut down, followed by the House of Representatives, after 28 congressional staffers test positive for exposure to anthrax (see October 16-17, 2001). A number of hoax letters containing harmless powder turn up, spreading the panic further. [South Florida Sun-Sentinel, 12/8/2001; Associated Press, 8/7/2008] Initially it is suspected that either al-Qaeda or Iraq are behind the anthrax letters (see October 14, 2001, October 15, 2001, October 17, 2001, and October 18, 2001). [Observer, 10/14/2001; BBC, 10/16/2001] However, by November, further investigation leads the US government to conclude that, “everything seems to lean toward a domestic source.… Nothing seems to fit with an overseas terrorist type operation (see November 10, 2001).” [Washington Post, 10/27/2001; St. Petersburg Times, 11/10/2001]

Entity Tags: Iraq, Federal Bureau of Investigation, Patrick J. Leahy, Tom Daschle, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

The message of the anthrax letter addressed to Tom Daschle.The message of the anthrax letter addressed to Tom Daschle. [Source: FBI]On October 9, two letters containing deadly anthrax spores are postmarked. One letter is sent to Senator Tom Daschle (D-SD) and the other is sent to Senator Patrick Leahy (D-VT). The letters are sent from a mailbox in Trenton, New Jersey. They could be sent any time after 5 p.m. on October 6 (the last pick up on the day, a Saturday), and before 5 p.m. on October 9. (There is no pickup on October 7, a Sunday, and October 8 is Columbus Day.) The letter to Daschle is opened by one of his staffers on October 15 (see October 15, 2001). It contains the message:
bullet 09-11-01
bullet YOU CAN NOT STOP US.
bullet WE HAVE THIS ANTHRAX.
bullet YOU DIE NOW.
bullet ARE YOU AFRAID?
bullet DEATH TO AMERICA.
bullet DEATH TO ISRAEL.
bullet ALLAH IS GREAT.
The writing is the same slanted, block style used in the earlier wave of anthrax letters (see September 17-18, 2001), and the content of the message is very similar. The letter to Leahy is mis-routed and not discovered until mid-November (see October 15, 2001). It contains the exact same message. Unlike the earlier wave of letters, both of these letters contain return addresses, but to bogus addresses in other New Jersey towns. The anthrax in the letters is also deadlier than the anthrax in the earlier letters. [Vanity Fair, 9/15/2003]

Entity Tags: Patrick J. Leahy, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

It is reported that the FBI and Justice Department have ordered FBI agents across the US to cut back on their investigation of the September 11 attacks, so as to focus on preventing future, possibly imminent, attacks. According to the New York Times, while law enforcement officials say the investigation of 9/11 is continuing aggressively, “At the same time… efforts to thwart attacks have been given a much higher priority.” Attorney General John Ashcroft and FBI Director Robert Mueller “have ordered agents to drop their investigation of the [9/11] attacks or any other assignment any time they learn of a threat or lead that might suggest a future attack.” Mueller believes his agents have “a broad understanding of the events of September 11,” and now need “to concentrate on intelligence suggesting that other terrorist attacks [are] likely.” The Times quotes an unnamed law enforcement official: “The investigative staff has to be made to understand that we’re not trying to solve a crime now. Our number one goal is prevention.” [New York Times, 10/9/2001] At a news conference the previous day, Ashcroft stated that—following the commencement of the US-led attacks on Afghanistan—he had placed federal law enforcement on the highest level of alert. But he refused to say if he had received any specific new threats of terrorist attacks. [US Department of Justice, 10/8/2001] The New York Times also reports that Ashcroft and Mueller have ordered FBI agents to end their surveillance of some terrorist suspects and immediately take them into custody. However, some agents have been opposed to this order because they believe that “surveillance—if continued for days or weeks—might turn up critical evidence to prove who orchestrated the attacks on the World Trade Center and the Pentagon.” [New York Times, 10/9/2001] Justice Department communications director Mindy Tucker responds to the New York Times article, saying it “is not accurate,” and that the investigation into 9/11 “has not been curtailed, it is ongoing.” [United Press International, 10/9/2001]

Entity Tags: US Department of Justice, John Ashcroft, Mindy Tucker, Federal Bureau of Investigation, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI allows the original batch of the Ames strain of anthrax to be destroyed, making tracing the type of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) more difficult. The Ames strain actually originates from a dead cow in Texas, but Iowa State University in Ames has kept many vials of Ames and other anthrax strains collected over more than seven decades. This entire collection is destroyed. It is unclear who wanted the collection destroyed or why. The FBI learned the anthrax used in the attack letters was the Ames strain on October 5 (see October 5, 2001), but this will not be publicly confirmed until October 25. The FBI denies it approved the destruction and say they only did not oppose it, but university officials say the FBI gave explicit approval. [New York Times, 11/9/2001; South Florida Sun-Sentinel, 12/8/2001] The Ames strain is one of 89 known varieties of anthrax and is commonly used in US military research. The Washington Post will later report that “The [Ames strain identification], as compelling as a human fingerprint, shifted suspicion away from al-Qaeda and suggested another disturbing possibility: that the anthrax attacks were the work of an American bioweapons insider.” The identification of the Ames strain focuses much attention on two top US Army bioweapons laboratories in particular that have heavily used Ames: USAMRIID in Maryland and Dugway Proving Ground in Utah (see Late 2001). [Washington Post, 9/14/2003]

Entity Tags: Dugway Proving Ground, United States Army Medical Research Institute of Infectious Diseases, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

It is reported that Attorney General John Ashcroft and his Justice Department is assuming control of all terrorism-related prosecutions from the US Attorney’s office in New York, which has had a highly successful record of accomplishment in prosecuting cases connected to bin Laden. 15 of the 22 suspects listed on a most wanted terrorism list a month after 9/11 had already been indicted by the New York office in recent years. A former federal prosecutor says of the New York office, “For eight years, they have developed an expertise in these prosecutions and the complex facts that surround these groups. If ever there was a case where you’d want to play to your strength, this is it.” [New York Times, 10/11/2001] A grand jury in the New York district began investigating the 9/11 attacks one week after 9/11. But media accounts of this grand jury’s activity stop by late October 2001 and there appears to be no other grand jury taking its place (see September 18, 2001).

Entity Tags: US Department of Justice, Osama bin Laden

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

Vice President Dick Cheney suggests al-Qaeda could be behind the recent anthrax attacks (see October 5-November 21, 2001). Cheney tells PBS: “We know that [Osama bin Laden] has over the years tried to acquire weapons of mass destruction, both biological and chemical weapons. We know that he’s trained people in his camps in Afghanistan. For example, we have copies of the manuals that they’ve actually used to train people with respect to how to deploy and use these kinds of substances. So, you start to piece it altogether. Again, we have not completed the investigation and maybe it’s coincidence, but I must say I’m a skeptic.” He adds, “I think the only responsible thing for us to do is proceed on the basis that it could be linked.” [BBC, 10/13/2001] A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001).

Entity Tags: Al-Qaeda, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

The Observer reports that investigators of the anthrax attacks (see October 5-November 21, 2001) believe Iraq is the prime suspect. One CIA source says, “They aren’t making this stuff in caves in Afghanistan. ‘This is prima facie evidence of the involvement of a state intelligence agency. Maybe Iran has the capability. But it doesn’t look likely politically. That leaves Iraq.” [Observer, 10/14/2001] However, this theory only remains the predominant one for a few days. On October 19, the New York Times is dismissive of the Iraq theory and suggests al-Qaeda or a disgruntled American loner could be behind the attacks instead (see October 19, 2001). In November, the American loner theory will become predominant (see November 10, 2001). But in late 2002, with war against Iraq growing increasingly likely, the Iraq theory appears to make a comeback (see October 28, 2002).

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Italy’s military intelligence service (SISMI) provides Jeff Castelli, the CIA station chief in Rome, with papers documenting an alleged uranium deal between Iraq and Niger. Castelli, who is not permitted to duplicate the papers, writes a summary of them and sends the report to Langley. [New Yorker, 10/27/2003; Knight Ridder, 11/4/2005; La Repubblica (Rome), 11/11/2005]
The allegations - The report includes four allegations:
bullet The report states that Iraq first communicated its interest in purchasing uranium from Niger at least as early as 1999. [US Congress, 7/7/2004] As blogger ERiposte will conclude through his analysis at TheLeftCoaster.Org [ERiposte, 10/31/2005] , none of the documents that are later provided to the US as the basis for this allegation include actual proof of uranium negotiations in 1999. Two of the source documents for this allegation do mention a 1999 visit by Wissam Al-Zahawi to Niger; however, no evidence has ever surfaced suggesting that there were any discussions about uranium during that visit (see February 1999). The first document (possibly authentic) is a letter, dated February 1, 1999, from the Niger embassy in Rome to Adamou Chekou, the Minister of Foreign Affairs in Niger, announcing Zahawie’s trip. It does not mention uranium. (Note that the SISMI report does not mention Al-Zahawi’s trip, it only states that uranium negotiations between the two countries began by at least 1999.) The second document is a letter dated July 30, 1999 from the Niger Ministry of Foreign Affairs to his ambassador in Rome requesting that he contact Zahawie, concerning an agreement signed June 28, 2000 to sell uranium to Iraq. The letter is an obvious forgery because it refers to an event that it describes as taking place 11 months later. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003]
bullet The SISMI report states that in “late 2000,” the State Court of Niger approved an agreement with Iraq whereby Niger would sell Iraq a large quantity of uranium. This allegation appears to be based on a forged document titled “Annex 1,” which was possibly an annex to the alleged uranium agreement. It is evident that this document was forged because it says that the state court “met in the chamber of the council in the palace… on Wednesday, July 7, 2000.” But July 7, 2000 was, in fact, a Friday, not a Wednesday. One of SISMI’s reports to the US, possibly this one, actually reproduces this error. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003; ERiposte, 10/31/2005]
bullet According to the report, Nigerien President Mamadou Tandja approved the agreement and communicated this decision to Iraqi President Saddam Hussein. The source for this is apparently a forged letter from the president of Niger to Saddam Hussein, in which the president refers to his authority under the country’s obsolete 1966 constitution. At the time the letter was presumed to have been written, the constitution in effect would have been that of December 26, 1992, which was subsequently revised by national referendum on May 12, 1996 and again by referendum on July 18, 1999. [Unknown, n.d.; Reuters, 3/26/2003; La Repubblica (Rome), 7/16/2003; US Department of State, 9/2005]
bullet The report also alleges that in October 2000, Nigerien Minister of Foreign Affairs Nassirou Sabo informed one of his ambassadors in Europe that Niger had agreed to provide several tons of uranium to Iraq. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003] This is seemingly based on a forged letter that accompanied the alleged uranium sales agreement. The letter, dated October 10, 2000, is stamped as being received in Rome on September 28, 2000—nearly two weeks before the letter was presumably written. Furthermore, there is a problem with the signature. Unlike what is reported in the SISMI papers provided to the CIA, the actual letter is signed by Allele Elhadj Habibou, who left office in 1989. This indicates that someone must have corrected this information, replacing the name of Allele Elhadj Habibou with that of Nassirou Sabo (the minister in October 2000), before the letter was included in this report. [ERiposte, 10/31/2005]
Distribution within US Intelligence Community - After receiving the report from its Rome station, the CIA distributes it to other US intelligence agencies. According to a later Senate investigation, the “CIA, Defense Intelligence Agency (DIA), and Department of Energy (DOE) analysts considered the reporting to be ‘possible’ while the Department of State’s Bureau of Intelligence and Research (INR) regarded the report as ‘highly suspect,’ primarily because INR analysts did not believe that Niger would be likely to engage in such a transaction and did not believe Niger would be able to transfer uranium to Iraq because a French consortium maintained control of the Nigerien uranium industry.” [US Congress, 7/7/2004] Sources later interviewed by New Yorker’s Seymour Hersh portray US intelligence analysts’ assessment of the report in slightly harsher terms, saying that they “dismissed [it] as amateurish and unsubstantiated.” [New Yorker, 10/27/2003] “I can fully believe that SISMI would put out a piece of intelligence like that,” a CIA consultant later tells Hersh, “but why anybody would put credibility in it is beyond me.” [New Yorker, 5/17/2004, pp. 227] Langley asks for further clarification from Rome and receives a response three days later (see October 18, 2001). [La Repubblica (Rome), 11/11/2005]
Repeated Dissemination - The documents and reports based on the documents are sent to the CIA at least three separate times. They are also sent to the White House, the US embassy in Rome, British and French intelligence, and Italian journalist Elisabetta Burba of the news magazine Panorama. Each recipient in turn shares the documents, or their contents, with others, creating what author Craig Unger later calls “an echo chamber that gives the illusion that several independent sources had corroborated an Iraq-Niger uranium deal.” [Unger, 2007, pp. 237]

Entity Tags: Bureau of Intelligence and Research, Central Intelligence Agency, Craig Unger, Defense Intelligence Agency, Mamadou Tandja, SISMI, Elisabetta Burba, Nassirou Sabo, Wissam al-Zahawie, Saddam Hussein, Jeff Castelli, US Department of Energy

Timeline Tags: Niger Uranium and Plame Outing

Following a number of meetings in Rome and London between SISMI, Italy’s military intelligence, and the British MI6 [Bamford, 2004, pp. 303-304] , SISMI provides the British with an intelligence report on Iraq’s alleged efforts to obtain uranium from Niger. The report—delivered by freelance SISMI agent Rocco Martino to the Vauxhall Cross headquarters of Britain’s MI6 in south London—is reportedly based on the collection of mostly forged documents put together in Italy (see Between Late 2000 and September 11, 2001). MI6 will include this information in a report it sends to Washington saying only that it was obtained from a “reliable source.” Washington treats the report as an independent confirmation of the Italian report (see October 15, 2001). [La Repubblica (Rome), 10/24/2005; La Repubblica (Rome), 10/25/2005; San Francisco Chronicle, 10/30/2005; Independent, 11/6/2005; Unger, 2007, pp. 228-229]

Entity Tags: UK Secret Intelligence Service (MI6), SISMI, Rocco Martino

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

Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” [Woodward, 2002, pp. 244] No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.

Entity Tags: George J. Tenet, Bob Woodward, National Security Council, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2001 Anthrax Attacks

The CIA issues a senior executive intelligence brief (SEIB) summarizing a recent report from SISMI (see October 15, 2001), Italy’s military intelligence service, which suggested that Iraq had struck a deal with Niger to purchase uranium. The CIA report, titled “Iraq: Nuclear-Related Procurement Efforts,” notes, “There is no corroboration from other sources that such an agreement was reached or that uranium was transferred.” [US Congress, 7/7/2004] As blogger ERiposte of TheLeftCoaster.Org will point out [ERiposte, 11/4/2005] , there is a discrepancy between this report and the Italian intelligence report it is summarizing. In this report, the CIA states that the uranium purchase deal was approved by the State Court of Niger in “early 2001,” whereas the SISMI report had reported that the approval took place in “late 2000.” The document, upon which this reporting is presumably based, states that the deal was approved by the court on Wednesday July 7, 2000 (which was actually a Friday). [Unknown, n.d.]

Entity Tags: Central Intelligence Agency

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

Former US soldier and UN weapons inspector Scott Ritter decries efforts to blame the recent anthrax attacks (see October 5-November 21, 2001) on the Iraqi government. Ritter was a UN weapons inspector in Iraq until 1998, when inspections stopped. He points out that during these inspections, Iraq’s biological weapons programs were completely dismantled. For instance, al Hakum, Iraq’s biological weapons production facility where all its anthrax was produced, was blown up and all its equipment was destroyed (see 1998). He also says that when Iraq did have an anthrax program, it exclusively used the Vollum strain of anthrax, whereas evidence already points to the likelihood that the anthrax attacks used the US-based Ames strain. Ritter concludes: “Those who have suggested that Iraq is the source of the anthrax used in the current attacks—including Richard Butler, a former chairman of the UN weapons inspection effort—merely fan the flames of fear and panic. There is no verifiable link whatever and it is irresponsible for someone of Mr Butler’s stature to be involved in unsubstantiated speculation.” [Guardian, 10/19/2001]

Entity Tags: Scott Ritter, Richard Butler

Timeline Tags: 2001 Anthrax Attacks

Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali  Khan, right.Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali Khan, right. [Source: Associated Press]The New York Times reports that, although 830 people have been arrested in the 9/11 terrorism investigation (a number that eventually exceeds between 1,200 and 2,000 (see November 5, 2001), there is no evidence that anyone now in custody was a conspirator in the 9/11 attacks. Furthermore, “none of the nearly 100 people still being sought by the [FBI] is seen as a major suspect.” Of all the people arrested, only four, Zacarias Moussaoui, Ayub Ali Khan, Mohammed Azmath, and Nabil al-Marabh, are likely connected to al-Qaeda. [New York Times, 10/21/2001] Three of those are later cleared of ties to al-Qaeda. After being kept in solitary confinement for more than eight months without seeing a judge or being assigned a lawyer, al-Marabh pleads guilty to the minor charge of entering the United States illegally (see September 3, 2002) and is deported to Syria (see January 2004). There is considerable evidence al-Marabh did have ties to al-Qaeda and even the 9/11 plot (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). [Washington Post, 6/12/2002; Canadian Broadcasting Corporation, 8/27/2002] On September 12, 2002, after a year in solitary confinement and four months before he was able to contact a lawyer, Mohammed Azmath pleads guilty to one count of credit card fraud, and is released with time served. Ayub Ali Khan, whose real name is apparently Syed Gul Mohammad Shah, is given a longer sentence for credit card fraud, but is released and deported by the end of 2002. [Village Voice, 9/25/2002; New York Times, 12/31/2002] By December 2002, only 6 are known to still be in custody, and none have been charged with any terrorist acts (see December 11, 2002). On September 24, 2001, Newsweek reported that “the FBI has privately estimated that more than 1,000 individuals—most of them foreign nationals—with suspected terrorist ties are currently living in the United States.” [Newsweek, 10/1/2001]

Entity Tags: Nabil al-Marabh, Al-Qaeda, Mohammed Azmath, Syed Gul Mohammad Shah, Zacarias Moussaoui, Federal Bureau of Investigation

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

The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]

Entity Tags: John C. Yoo, George W. Bush, Robert J. Delahunty, US Department of Justice, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Patrick J. Fitzgerald is confirmed as US Attorney for the Northern District of Illinois, centering in Chicago. Senator Peter Fitzgerald (R-IL—no relation to Patrick Fitzgerald) nominated Fitzgerald for the position because he felt Fitzgerald, a native New Yorker and veteran prosecutor with no ties to Chicago, would be less likely to become corrupted by what he thought to be the “Chicago Democrat machine.” Fitzgerald had come highly recommended by, among others, Louis Freeh, then the director of the FBI. White House political chief Karl Rove later says that he did not oppose Fitzgerald’s nomination, though he was somewhat disturbed by Senator Fitzgerald’s insistence on the nomination. Rove will recall: “Senator Fitzgerald’s attitude was: ‘I’m not going to submit multiple names. I will take only one name, and this is all that is going to be acceptable.’ And we asked him to submit multiple names, and we also asked him to think about people from within the districts. Our predilection was to have people from within the district selected. We thought it, you know, encouraged a civic-minded attitude among lawyers. It made certain that you had some fresh blood that would flow in. If you pick people from outside the district, they tend to be career prosecutors. And Senator Fitzgerald was particularly unimpressed by this. He said that, in Chicago, the politics in Chicago were such that no US Attorney from Chicago could exist without being subverted by the political influence peddlers in Chicago, that they would be bought off by the big law firms and the Chicago Democrat machine. And so he was going to only provide us one name for each, the Northern District and the Southern District. Following my very effective telephone conversation with him, he responded by going out and announcing to the press that the president was nominating his two names from the Northern and Southern Districts.” Rove will say that he did not oppose Fitzgerald’s nomination, and it would not have been proper for him to do so: “That wasn’t mine—once that conversation was over, it wasn’t mine to have an opinion. I believe the president has a right to appoint. And that means that senators have, by tradition, the right to recommend. But they are usurping a presidential right when they go out and name the nominee before the president has even had a chance to evaluate multiple names and settle on who he wants and do the necessary staff work to arrive at it. Fortunately, Senator Fitzgerald recommended two good names, and both of them worked out. But it was an unusual process that involved, in my opinion, a congressional usurpation of a presidential power.” Senator Fitzgerald will later say that Rove told him the selection of Patrick Fitzgerald “ticked off the [Illinois Republican] base,” a statement Rove will call “inaccurate.… I chalk it up to an overactive imagination.” Rove will go on to imply, without directly saying, that US Attorney Fitzgerald prosecutes Governor George Ryan (R-IL) as something of a political favor to Senator Fitzgerald, as the governor and the senator are political rivals within the Illinois Republican Party. Experienced in prosecuting high-profile terrorism cases (see January 1996), Fitzgerald will go on to chair the terrorism subcommittee of the Attorney General’s Advisory Committee (AGAC) and later become special counsel for the Lewis Libby leak investigation (see December 30, 2003). [The American Lawyer, 12/11/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, George Ryan, Louis J. Freeh, Peter Fitzgerald, Karl C. Rove

Timeline Tags: Civil Liberties

Maj. Gen. John Parker.Maj. Gen. John Parker. [Source: Public domain]On October 25, 2001, Homeland Security Director Tom Ridge tells reporters that the anthrax used in a letter sent to Sen. Tom Daschle (D-SD) was “highly concentrated” and “pure” and that a binding material was used, resulting in small spore clusters that are more easily spread. In contrast, the anthrax in a letter sent to the New York Post was coarser and less concentrated. Both letters used the same Ames strain of anthrax bacterium. (The Post letter was part of a less sophisticated first wave of letters (see September 17-18, 2001) and the Daschle letter was from the second wave (see October 6-9, 2001).) On October 29, Major General John Parker, commanding general of USAMRIID, the US Army’s top bioweapons laboratory, makes similar comments at a White House briefing. He says silica was found in the Daschle letter anthrax and the anthrax spore concentration in the Daschle letter was ten times that of the New York Post letter. The presence of a binding agent like silica supports theories that the anthrax used in the attacks was “weaponized” (highly sophisticated and deadly) and more likely made by a government team than a single individual. But in 2006, the FBI will reverse course and say there was no silica or any other type of binding agent in any of the anthrax letters (see August 2006). An anonymous former government official will later claim, “Those judgments were premature and frankly wrong.” He will say that top government officials with no scientific background received briefings from people who also were not scientists and “the nuances got lost.” [Chemical and Engineering News, 12/4/2006] But the idea of the data being lost in translation does not jibe with Parker’s comments at the time, especially since Parker is a qualified scientist. For instance, he says, “I have looked at the specimen under the microscope, both the electron microscope and the scanning microscope, and I can say that the sample was pure spores.” [ABC News, 11/1/2001]

Entity Tags: Tom Ridge, John Parker

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. [Washington Post, 10/27/2001] Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. [St. Petersburg Times, 11/10/2001]

Entity Tags: Central Intelligence Agency, Osama bin Laden, Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

Arthur Cebrowski.Arthur Cebrowski. [Source: Publicity photo]Defense Secretary Donald Rumsfeld announces the establishment of a new unit within the Office of the Secretary of Defense, called the Office of Force Transformation (OFT). Rumsfeld had called for the establishment of this office “as part of President Bush’s broad mandate to transform the Department of Defense. This transformation process challenges the organizational status quo with a new architecture for American defense in order to ensure an overwhelming and continuing competitive advantage for America’s military for decades to come.” He appoints retired Navy Vice Admiral Arthur Cebrowski—the former president of the Naval War College in Newport, Rhode Island—as its director. [US Department of Defense, 11/26/2001; New York Times Magazine, 3/10/2002] Also recruited for this new department, as assistant for strategic futures, is Thomas Barnett, a senior strategic researcher at the Naval War College. As the “vision guy,” Barnett’s job is “to generate and deliver a compelling brief that would mobilize the Defense Department toward generating the future fighting force demanded by the post-9/11 strategic environment.” Barnett claims that, over time, senior military officials will come to cite his brief as “a Rosetta stone for the Bush administration’s new national security strategy.” [Barnett, 2004, pp. 5-6] Prior to 9/11, Barnett was the director of a research partnership between the Naval War College and the Wall Street bond firm Cantor Fitzgerald, called the New Rule Sets Project (see May 1, 2000-June 4, 2001). Considering that the OFT is a personal initiative of the defense secretary, it is interesting that Rumsfeld was in the late 1990s one of the founders of the neoconservative think tank, Project for the New American Century (PNAC) (see June 3, 1997). [BBC, 8/25/2005; Washington Post, 6/12/2006; Federal Computer Week, 9/4/2006] In September 2000, PNAC published a strategy document called “Rebuilding America’s Defenses” (see September 2000). Among other things, this laid out the need to establish “four core missions” for US military forces, one of these being to “transform US forces to exploit the ‘revolution in military affairs.’” The OFT appears to be fulfilling this mission. However, the PNAC document had continued, “the process of transformation, even if it brings revolutionary change, is likely to be a long one, absent some catastrophic and catalyzing event—like a new Pearl Harbor.” [Project for the New American Century, 9/2000, pp. iv and 51 pdf file]

Entity Tags: Donald Rumsfeld, Thomas Barnett, Office of Force Transformation, Art Cebrowski

Timeline Tags: Complete 911 Timeline

Deputy White House counsel Timothy Flanigan presents his subordinate, associate counsel Bradford Berenson, with a draft presidential order he has written establishing military tribunals for suspected terrorists. The draft order declares that President Bush is invoking his wartime powers as commander in chief to establish a system of military tribunals, sometimes called military commissions.
Commissions More 'Flexible' - In the White House’s view, military tribunals offer several advantages over either civilian court trials or military courts-martial, as is being discussed in the interagency working group on prosecuting terrorists at the State Department (see Shortly Before September 23, 2001). Civilian trials would be subject to public scrutiny and media spectacle, and would pose a problem of security risks. Military courts-martial are quite rigid in their procedures and rules of evidence. Military commissions, as envisioned by Flanigan and the two other White House lawyers who put together the scheme—Berenson and David Addington, the chief counsel for Vice President Cheney—would offer more “flexibility” for the use of evidence gathered either under battlefield conditions or in interrogations, evidence that might not meet the standards of either a court-martial or a civilian trial. And, as author Charlie Savage will later note, “commissions enhanced presidential power by concentrating the process in the executive branch alone.”
A 'Relic' - Savage will explain: “Under normal trials, Congress defines a crime and sets the sentence for it; the executive branch investigates and prosecutes people who are accused of committing the crime; and the judicial branch runs the trial, decides whether to admit evidence, determines whether the defendant is guilty or innocent, and hears any appeal. With a military commission, all these powers were collapsed into the hands of the armed forces and, ultimately, their commander in chief. Although fairly common in nineteenth-century conflicts, military commissions were a relic: They had not been used by the United States since World War II.”
Support from Justice Department Lawyer - Their work will be bolstered when Justice Department lawyer Patrick Philbin issues a secret memo declaring that the president has the inherent authority to order military commissions (see November 6, 2001). Flanigan, Berenson, and Addington never inform the interagency working group of their own work, although they made use of the working group’s research. Flanigan, Berenson, and Addington cite Philbin’s memo as the definitive word on the president’s authority. When President Bush announces the order establishing the commissions (see November 13, 2001), the order abruptly short-circuits the interagency working group and renders its work irrelevant. [Savage, 2007, pp. 134-135]

Entity Tags: Patrick F. Philbin, Bush administration (43), Bradford Berenson, Charlie Savage, George W. Bush, US Department of State, David S. Addington, Richard (“Dick”) Cheney, Timothy E. Flanigan

Timeline Tags: Civil Liberties

According to a September 2002 USA Today article, the decision to invade Iraq is made at this time. Significantly, the decision is made independent of normal policy-making procedures—a National Intelligence Estimate (NIE) on Iraq was not requested, members of Congress were not consulted, and the concerns of senior military officers and intelligence analysts were ignored. Explaining why the White House did not request a NIE on Iraq, an unnamed US intelligence official explains it didn’t want to detail the uncertainties regarding the threat Iraq allegedly poses to the US. A senior administration official says the White House did not believe an NIE would be helpful. However in September 2002, an NIE will finally be requested as a result of pressure from Congress. The classified version of the document will include many qualified and nuanced statements, but the shorter, unclassified version, which is given to Congress, will not include these uncertainties (see October 1, 2002). [USA Today, 9/10/2002 Sources: officials at the White House, State Department, Pentagon, intelligence agencies, Congress and elsewhere]

Entity Tags: George W. Bush, US Congress

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

Margaret Chiara.Margaret Chiara. [Source: MLive (.com)]Margaret Chiara and Daniel Bogden are sworn in as US Attorneys for the Western District of Michigan and Nevada, respectively. Bogden served for five years in the Air Force’s Judge Advocate General’s Office before moving on to become a prosecutor in Reno, Nevada. He became an Assistant US Attorney in Nevada in 1990. He was recommended for the US Attorney position by Senator John Ensign (R-NV). Chiara was unanimously confirmed by the US Senate and is Michigan’s first female US Attorney. She has extensive experience as a prosecutor, and before her selection as US Attorney, was the policy and planning director for the Michigan Supreme Court. She will serve on three subcommittees of the Attorney General’s Advisory Committee (AGAC): Native American Issues, Management and Budget, and US Attorneys’ Offices Outreach. Chiara replaces Interim US Attorney Phillip Green, who becomes First Assistant US Attorney. Joan Meyer, formerly the First Assistant, becomes a line assistant. Meyer will later be appointed Criminal Chief of the office. These personnel decisions will impact later events in Chiara’s office. Chiara will successfully prosecute Michigan’s first death-penalty case since 1938, will increase felony prosecutions and convictions in her district by 15 percent, and will develop a widely used attorney training and mentoring program. [CBS News, 2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Atlantic Monthly, 4/2009; Talking Points Memo, 2011] There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: US Department of Justice, Margaret M. Chiara, Daniel G. Bogden

Timeline Tags: Civil Liberties

In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” [Rivkin, Casey, and Bartram, 11/5/2001; Rivkin, Casey, and Bartram, 11/5/2001] It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.

Entity Tags: US Department of Justice, Geneva Conventions, Heritage Foundation, Federalist Society, Bush administration (43)

Timeline Tags: Torture of US Captives

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]

Entity Tags: Patrick F. Philbin, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [New York Times, 11/8/2001]

Entity Tags: George W. Bush

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Attorney General John Ashcroft announces that the Justice Department is now on what he calls a “wartime footing.” The agency is revamping its priorities to refocus its efforts on battling terrorism. According to Ashcroft, a plan, which he intends to submit to Congress, mandates a reorganization of the Justice Department, as well as component agencies such as the FBI and the Immigration and Naturalization Service (INS), both of which will be overhauled to take a more aggressive stance in the effort to ward off terrorism. The plan will take five years to fully implement. Ashcroft is reticent about the details of the plans, but some proposals include:
bullet Allowing federal prison authorities to eavesdrop on prisoners conferring with their attorneys, effectively voiding the attorney-client privilege, if those prisoners are considered to be a threat to national security;
bullet Redirecting 10 percent of the Justice Department’s budget, or about $2.5 billion, to counterterrorism efforts;
bullet Restructuring the INS to focus on identifying, deporting, and prosecuting illegal aliens, with a special focus on potential terrorists.
The eavesdropping privilege causes an immediate stir among civil libertarians and Constitutional scholars. Justice Department spokeswoman Mindy Tucker notes that the order has already been published in the Federal Register and is, essentially, the law. Information gathered by authorities during such eavesdropping sessions would not be used in criminal prosecutions of the suspects, Tucker promises. “The team that listens is not involved in the criminal proceedings,” she says. “There’s a firewall there.” Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, says he agrees with the general idea of refocusing the agency on terrorism, but suggests Ashcroft’s plan be reviewed by an existing commission that is now examining the FBI’s counterintelligence operations. That commission is headed by former FBI Director William Webster. Leahy’s fellow senator, Charles Grassley (R-IA), says: “As with any reorganization, the devil will be in the details. I hope for new accountability measures, not just structural changes.” Ashcroft says: “Defending our nation and defending the citizens of America against terrorist attacks is now our first and overriding priority. To fulfill this mission, we are devoting all the resources necessary to eliminate terrorist networks, to prevent terrorist attacks, and to bring to justice all those who kill Americans in the name of murderous ideologies.” [New York Times, 11/3/2001; Rich, 2006, pp. 35] “It is amazing to me that Ashcroft is essentially trying to dismantle the bureau,” says a former FBI executive director. “They don’t know their history and they are not listening to people who do.” [Harper's, 12/4/2001]

Entity Tags: Federal Bureau of Investigation, Mindy Tucker, John Ashcroft, US Immigration and Naturalization Service, Patrick J. Leahy, Charles Grassley, US Department of Justice, William H. Webster

Timeline Tags: Civil Liberties

Th Los Angeles Times reports, “The FBI is increasingly convinced that the person behind the recent anthrax attacks is a lone wolf within the United States who has no links to terrorist groups but is an opportunist using the Sept. 11 hijackings to vent his rage…” The FBI is said to base this conclusion on “case studies, handwriting and linguistic analysis, forensic data and other evidence.” FBI investigators say they are looking for “an adult male with at least limited scientific expertise who was able to use laboratory equipment easily obtained for as little as $2,500 to produce high-quality anthrax.” They believe he is an “anti-social loner” who “has little contact with the public and carries deep-seated resentments but does not like direct confrontation.” However, these investigators admit that psychological profiling is a rough science, especially since they have little more than a small number of words written on the anthrax-laced letters. The letters appear to have tried to frame Muslims for the attacks. For instance, each letter contains the phrase “Allah is great.” Investigators say they are not completely ruling out an overseas connection to the letters, such as an Iraqi or Russian connection, but they consider it very unlikely. Investigators have not explained why they are so confident the attacks were caused by only one person. [Los Angeles Times, 11/10/2001]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

Asif Kasi.Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. [Washington Post, 11/15/2001; Newsweek, 8/4/2002; New York Times, 8/9/2008] Even a year later, an FBI spokesperson says the raids are still “a pending matter.” [Associated Press, 9/5/2002] Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. [New York Times, 8/9/2008]

Entity Tags: Asif Kazi, Masood Shaikh, Irshad Shaikh, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

Richard Perle, chairman of the Defense Policy Board, says in a speech delivered at the Foreign Policy Research Institute’s annual dinner that Saddam Hussein “is busily at work on a nuclear weapon” and that “it’s simply a matter of time before he acquires nuclear weapons.” His assertion is based on information that was provided to him personally by Iraqi defector Khidir Hamza. According to Perle, Hamza said that after the Israeli strikes against Iraq’s Osirak reactor in 1981 (see June 7, 1981), Iraq built some 400 uranium enrichment facilities all over the country in order to protect its nuclear program from future attacks. “Some look like farmhouses, some of them look like classrooms, some of them look like warehouses. You’ll never find them. They don’t turn out much but every day they turn out a little bit of nuclear materials.” [Foreign Policy Research Institute, 11/14/2001]

Entity Tags: Khidir Hamza, Richard Perle

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Hazrat Ali.Hazrat Ali. [Source: Robert Nickelsberg / Getty Images]Hazrat Ali and Haji Zaman Ghamsharik, warlords in the Tora Bora region of Afghanistan, both later claim that they are first approached in the middle of November by US officers and asked to take part in an attack on Tora Bora. They agree. [Christian Science Monitor, 3/4/2002] By late November, the US-allied warlords assemble a motley force of about 2,500 Afghans supported by a fleet of old Russian tanks at the foot of the Tora Bora mountains. They are poorly equipped and trained and have low morale. The better-equipped Taliban and al-Qaeda are 5,000 feet up in snow-covered valleys, forests, and caves. [New York Times Magazine, 9/11/2005] On December 3, a reporter for the Christian Science Monitor overhears Ali in a Jalalabad, Afghanistan, hotel making a deal to give three al-Qaeda operatives safe passage out of the country. [Christian Science Monitor, 3/4/2002] The US chooses to rely mainly on Hazrat Ali’s forces for the ground offensive against Tora Bora. Ali supposedly pays one of his aides $5,000 to block the main escape routes to Pakistan. But in fact this aide helps Taliban and al-Qaeda escape along these routes. Afghan villagers in the area later even claim that they took part in firefights with fighters working for Ali’s aide who were providing cover to help al-Qaeda and Taliban escape. [Christian Science Monitor, 3/4/2002] Author James Risen later claims, “CIA officials are now convinced that Hazrat Ali’s forces allowed Osama bin Laden and his key lieutenants to flee Tora Bora into Pakistan. Said a CIA source, ‘We realized those guys just opened the door. It wasn’t a big secret.’” While the US will never publicly blame Ali for assisting in the escape, the CIA will internally debate having Ali arrested by the new Afghan government. But this idea will be abandoned and Ali will become the new strongman in the Jalalabad region. [Risen, 2006, pp. 168-169] CIA official Michael Scheuer later will comment, “Everyone who was cognizant of how Afghan operations worked would have told Mr. Tenet that [his plan to rely on Afghan warlords] was nuts. And as it turned out, he was.… The people we bought, the people Mr. Tenet said we would own, let Osama bin Laden escape from Tora Bora in eastern Afghanistan into Pakistan.” [PBS Frontline, 6/20/2006]

Entity Tags: Osama bin Laden, Taliban, Michael Scheuer, Hazrat Ali, Al-Qaeda, Haji Zaman Ghamsharik

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Defense Policy Board member Richard Perle, discussing the US’s planned reaction to the 9/11 attacks, says that Iraq is next on the US’s military strike list. CNN anchor John King asks, “Next phase Saddam Hussein?” and Perle replies, “Absolutely.” The day before, on ABC, Perle explained why the US had to make such a move: “Weapons of mass destruction in the hands of Saddam Hussein, plus his known contact with terrorists, including al-Qaeda terrorists, is simply a threat too large to continue to tolerate.” And what would the upshot of such an invasion be? Perle tells his CNN listeners, “We would be seen as liberators in Iraq.” [PBS, 4/25/2007]

Entity Tags: ABC News, Richard Perle, CNN, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

The US Embassy in Niamey, Niger’s capital, disseminates a cable summarizing a recent meeting between the US ambassador and the director general of Niger’s French-led mining consortium. The director general reportedly explained that “there was no possibility” that the government of Niger could have diverted any of the 3,000 tons of uranium produced by the consortium’s two mines. [US Congress, 7/7/2004]

Timeline Tags: Niger Uranium and Plame Outing

The Spanish intelligence agency CESID (later renamed CNI) frustrates the arrest of a senior member of al-Qaeda in Europe, Amer el-Azizi, by Spanish police. Most members of the cell of which el-Azizi was a member were arrested shortly before, but el-Azizi had avoided the round-up by fleeing abroad (see October 2001). After returning to Spain, he again falls under police surveillance, but, according to Spanish police union head Jose Manuel Sanchez Fornet, his arrest is prevented by “interference” from CESID. Fornet will later say that a police recording made at this time shows two CESID agents going to el-Azizi’s house. This alerts el-Azizi that he is under surveillance and he flees his home. [El Mundo (Madrid), 4/29/2004] El-Azizi then remains in Spain for some weeks, selling his car to an associate. When his apartment is searched, police find more than a dozen bags with radical Islamic books and videos. They also find videos of bin Laden on his computer and pamphlets from groups like Hamas. [Wall Street Journal, 3/19/2004; Wall Street Journal, 4/7/2004; Los Angeles Times, 4/29/2004] El-Azizi was arrested and released twice before (see October 10, 2000). He helped plan a meeting for Mohamed Atta just before 9/11 (see Before July 8, 2001 and July 8-19, 2001), and will go on to be involved in the Madrid train bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Centro Nacional de Inteligencia, Amer el-Azizi, Jose Manuel Sanchez Fornet

Timeline Tags: Complete 911 Timeline

Assistant Secretary of Defense Peter Rodham, who works in Undersecretary of Defense Douglas Feith’s office, asks Deputy Defense Secretary Paul Wolfowitz to “[o]btain approval of creation of a Team B” (see Early 1976) which “[t]hrough independent analysis and evaluation… would determine what is known about al-Qaeda’s worldwide terror network, its suppliers, and relationship to states and other international terrorist organizations.” The 1976 Team B exercise was a deeply flawed effort by conservatives and neoconservatives to second-guess the US intelligence community’s findings about Soviet military and intelligence capabilities (see November 1976). Feith studied under Team B leader Richard Pipes at Harvard, and shares his fundamental distaste and mistrust of US intelligence capabilities. Feith and Wolfowitz believe that “Team B” showed just how limited and misguided the CIA’s intelligence reporting could be, and think that the same “Team B” approach could provide heretofore-unrevealed information about Islamist terrorism. Feith sets about producing a report “proving” a sinister relationship between al-Qaeda and Iraq (see July 25, 2002), while Wolfowitz begins work on what will become the Office of Special Plans (see September 2002). [Scoblic, 2008, pp. 218-220]

Entity Tags: Paul Wolfowitz, ’Team B’, Al-Qaeda, Central Intelligence Agency, Douglas Feith, Office of Special Plans, US Department of Defense, Richard Pipes, Peter Rodham

Timeline Tags: Complete 911 Timeline, US International Relations, Neoconservative Influence

Christopher DeMuth.Christopher DeMuth. [Source: American Enterprise Institute]Deputy Secretary of Defense Paul Wolfowitz arranges for Christopher DeMuth, president of the neoconservative think tank The American Enterprise Institute (AEI), to create a group to strategize about the war on terrorism. The group DeMuth creates is called Bletchley II, named after a team of strategists in World War II. The dozen members of this secret group include:
bullet Bernard Lewis, a professor arguing that the US is facing a clash of civilizations with the Islamic world.
bullet Fareed Zakaria, a Newsweek editor and columnist.
bullet Mark Palmer, a former US ambassador to Hungary.
bullet Fouad Ajami, director of the Middle Eastern Studies Program at the Paul H. Nitze School of Advanced International Studies.
bullet James Wilson, a professor and specialist in human morality and crime.
bullet Ruel Marc Gerecht, a former CIA Middle East expert.
bullet Steve Herbits, a close consultant to Defense Secretary Donald Rumsfeld.
According to journalist Bob Woodward, the group comes to quick agreement after just two days of discussions and a report is made from their conclusions. They agree it will take two generations for the US to defeat radical Islam. Egypt and Saudi Arabia are the keys to the problems of the Middle East, but the problems there are too intractable. Iran is similarly difficult. But Iraq is weak and vulnerable. DeMuth will later comment: “We concluded that a confrontation with Saddam [Hussein] was inevitable. He was a gathering threat - the most menacing, active, and unavoidable threat. We agreed that Saddam would have to leave the scene before the problem would be addressed.” That is the key to transform the region. Vice President Dick Cheney is reportedly pleased with their report. So is National Security Adviser Condoleezza Rice, who finds it “very, very persuasive.” It is said to have a strong impact on President Bush as well. Woodward later notes the group’s conclusions are “straight from the neoconservative playbook.” [Woodward, 2006, pp. 83-85]

Entity Tags: Richard (“Dick”) Cheney, Steve Herbits, Paul Wolfowitz, Fareed Zakaria, Fouad Ajami, George W. Bush, Donald Rumsfeld, Condoleezza Rice, Mark Palmer, Reuel Marc Gerecht, Bernard Lewis, Christopher DeMuth, James Wilson

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

Former FBI director William Webster and eight former FBI officials publicly criticize Attorney General John Ashcroft’s post-9/11 policies (see Spring 2001, September 12, 2001, October 9, 2001, October 11, 2001, and November 9, 2001). The criticisms come less over Ashcroft’s civil liberties abrogations and more because Ashcroft’s policies violate law-enforcement common sense. By capturing suspected low-level terrorists in public sweeps, the Justice Department and the FBI lose the ability to track those suspects to their superiors in their organizations and groups. (None of the 900 or so suspects rounded up in the Ashcroft sweeps will be charged with any 9/11-related crimes—see October 20, 2001 and November 5, 2001.) [Rich, 2006, pp. 35-36] Webster says that long-term surveillance and undercover operations are much more effective than mass arrests. [Harper's, 12/4/2001] The former FBI officials also ridicule Ashcroft’s idea of interviewing 5,000 Middle Eastern men (none of whom will ever be convicted of a terrorism-related crime). Kenneth Walton, who founded the FBI’s first Joint Terrorism Task Force, says: “It’s the Perry Mason school of law enforcement, where you put them in there and they confess. Well, it just doesn’t work that way. You say, ‘Tell me everything you know,’ and they give you the recipe to Mom’s chicken soup.… It is ridiculous.” Most of those “invited” to interview never showed up, the officials note, and those who did merely answered “yes” or “no” to rote questions. [Time, 11/29/2001; Rich, 2006, pp. 35-36] Many local police officers are reluctant to participate in Ashcroft’s public sweeps. Eugene, Oregon police spokeswoman Pam Alejandere tells reporters, “Give us some legitimate reason to talk to the people—other than that they’re from the Middle East—and we’ll be glad to.” [Time, 11/29/2001]

Entity Tags: William H. Webster, John Ashcroft, Pam Alejandere, Kenneth Walton, Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Greg Thielmann, director for strategic proliferation and military affairs at the State Department’s Bureau of Intelligence and Research (INR), reviews Iraq’s alleged WMD programs for Secretary of State Colin Powell. Thielmann’s review concludes that Italian reports of a possible uranium deal between Iraq and Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, Late April or Early May 2002-June 2002, and Late June 2002) are completely false. Thielmann will later recall: “A whole lot of things told us that the report was bogus. This wasn’t highly contested. There weren’t strong advocates on the other side. It was done, shot down” (see March 1, 2002). [Unger, 2007, pp. 229]

Entity Tags: Bureau of Intelligence and Research, Colin Powell, Greg Thielmann, US Department of State

Timeline Tags: Niger Uranium and Plame Outing

Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place.Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place. [Source: Canal+]FBI translator Sibel Edmonds receives a call from co-worker Melek Can Dickerson, whom she barely knows. Dickerson says she and her husband Major Douglas Dickerson are in the area and would like to stop by for a visit. [Vanity Fair, 9/2005] Douglas is a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern governments. [Anti-War (.com), 8/15/2005] “I’m in the area with my husband and I’d love you to meet him. Is it OK if we come by?” Edmonds recalls Dickerson saying. When the couple arrives, Douglas Dickerson encourages Edmonds and her husband Matthew Edmonds to join the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Joining the organizations would get them tied in with a network of high-level people, including officials at the Turkish Embassy. When Sibel’s husband Michael suggests that there are probably strict eligibility requirements for becoming a member of this organization, Douglas says to Sibel, “All you have to do is tell them who you work for and what you do and you will get in very quickly.” Sibel attempts to steer the conversation toward another topic. As part of her job at the FBI, some of the wiretapped conversations she translates involve the very same people the Dickersons are describing as “high-level friends.” She is concerned that the ultimate goal of the Dickersons’ offer is to get Sibel involved in espionage and to help shield those groups from FBI surveillance. [Washington Post, 6/19/2002; CBS News, 10/25/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] Major Dickerson brings up the name of a wealthy Turkish man living in nearby McLean, Virginia, who is involved with the ATC and has access to US military information. Sibel Edmonds is surprised because she recognizes his name from an investigation she is working on and knows that he is the target of an FBI counterintelligence operation. The Dickersons intimate that they are so close to this man that they shop for him and his wife. [Sperry, 2005, pp. 163] “They wanted to sell me for the information I could provide,” she later explains in an interview. They promised her she would receive enough to “live a very comfortable life wherever we wanted. We would never have to work again.” [Anti-War (.com), 7/1/2004]

Entity Tags: Matthew Edmonds, Douglas Dickerson, Assembly of Turkish American Associations, Melek Can Dickerson, Sibel Edmonds, American-Turkish Council

Timeline Tags: Complete 911 Timeline

US Special Forces unloading equipment in the Tora Bora region.US Special Forces unloading equipment in the Tora Bora region. [Source: Banded Artists Productions] (click image to enlarge)Around December 5, 2001, about three-dozen US special forces position themselves at strategic spots in the Tora Bora region to observe the fighting. Using hand-held laser target designators, they “paint” targets to bomb. Immediately the US bombing becomes more accurate. With this improved system in place, the ground battle for Tora Bora begins in earnest. However, as the Christian Science Monitor later notes, “The battle was joined, but anything approaching a ‘siege’ of Tora Bora never materialized.” No other US troops take part, and US-allied afghans fight unenthusiastically and sometimes even fight for the other side (see Mid-November 2001-Mid-December 2001). [Christian Science Monitor, 3/4/2002] The Tora Bora battle will end with a victory for the US-allied forces by December 17, 2001 (see December 17, 2001). However, the Daily Telegraph will later report, “In retrospect, and with the benefit of dozens of accounts from the participants, the battle for Tora Bora looks more like a grand charade.” Eyewitnesses express shock that the US pinned in Taliban and al-Qaeda forces, thought to contain many high leaders, on three sides only, leaving the route to Pakistan open. An intelligence chief in Afghanistan’s new government says, “The border with Pakistan was the key, but no one paid any attention to it. In addition, there were plenty of landing areas for helicopters had the Americans acted decisively. Al-Qaeda escaped right out from under their feet.” [Daily Telegraph, 2/23/2002]

Entity Tags: Taliban, Al-Qaeda, US Department of Defense, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Michael Ledeen, an avid admirer of Machiavelli, argues in a piece published by National Review Online that the US must be “imperious, ruthless, and relentless” against the Muslim world until there has been “total surrender.” Any attempt on the part of the US to be “reasonable” or “evenhanded” will only empower Islamic militants, he asserts. He writes: “We will not be sated until we have had the blood of every miserable little tyrant in the Middle East, until every leader of every cell of the terror network is dead or locked securely away, and every last drooling anti-Semitic and anti-American mullah, imam, sheikh, and ayatollah is either singing the praises of the United States of America, or pumping gasoline, for a dime a gallon, on an American military base near the Arctic Circle.” [National Review, 12/7/2001] The piece is republished in the Jewish World Review four days later. [Jewish World Review, 12/11/2001]

Entity Tags: Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Manucher Ghorbanifar.Manucher Ghorbanifar. [Source: Ted Thai / Getty Images]The Bush administration sends two defense officials, Harold Rhode and Larry Franklin, to meet with Iranians in Rome in response to an Iranian government offer to provide information relevant to the war on terrorism. The offer had been backchanneled by the Iranians to the White House through Manucher Ghorbanifar, an Iranian arms trader and a central person in the Iran-Contra affair, who contacted another Iran-Contra figure, Michael Ledeen of the American Enterprise Institute. Ledeen passed the information on to his friends in the Defense Department who then relayed the offer to Deputy National Security Adviser Stephen Hadley. Hadley, who expressed no reservations about the proposed meeting, informed CIA Director George Tenet and Deputy Secretary of State Richard L. Armitage. According to officials interviewed by the New York Times, the United States Embassy in Rome was not notified of the planned meeting as required by standard interagency procedures. Neither the US embassy nor the CIA station chief in Rome learns of the three-day meeting until after it happens (see December 12, 2001). When they do catch wind of the meeting, they notify CIA and State Department headquarters in Washington which complain to the administration about how the meetings were arranged. [Newsday, 8/9/2003; Washington Post, 8/9/2003; New York Times, 12/7/2003] In addition to Ghorbanifar, Ledeen, Franklin, and Rhode, the meeting is attended by Nicolo Pollari, head of SISMI, and Antonio Martino, Italy’s minister of defense. [Washington Monthly, 9/2004]
Destabilizing the Iraqi Government - According to the Boston Globe, either at this meeting, a similar one in June (see June 2002), or both, Ledeen and Ghorbanifar discuss ways to destabilize the Iranian government, possibly using the Mujahedeen-e Khalq (MEK), a US-designated terrorist group, as a US proxy. [Boston Globe, 8/31/2004] The meetings are suspected of being an attempt by what investigative reporters Joshua Micah Marshall, Laura Rozen, and Paul Gastris will later call “a rogue faction at the Pentagon… trying to work outside normal US foreign policy channels to advance a ‘regime-change’ agenda.” The fact that MEK members attend the meetings adds weight to the claim. [Unger, 2007, pp. 234-235]
Italian Intelligence on Iraq-Niger Allegations - Additionally, according to an unnamed SISMI source, Pollari speaks with Ledeen about intelligence his agency has collected (see October 15, 2001) suggesting that Iraq made a deal with Niger to purchase several tons of uranium. SISMI already sent a report to Washington on the matter in mid-October (see October 15, 2001). Reportedly, Pollari has also approached CIA Station Chief Jeff Castelli about the report, but Castelli has since indicated he is not interested in the information. [La Repubblica (Rome), 10/25/2005]

Entity Tags: Manucher Ghorbanifar, People’s Mujahedin of Iran, Paul Gastris, Stephen J. Hadley, Michael Ledeen, Larry Franklin, Nicolo Pollari, Harold Rhode, Joshua Micah Marshall, Laura Rozen, George J. Tenet, Antonio Martino

Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, Iran-Contra Affair, Neoconservative Influence, Niger Uranium and Plame Outing

According to a later report by the Senate Intelligence Committee, Pentagon officials conceal potentially life-saving intelligence gleaned from Iranian agents. The report will find that in 2001, the officials, Larry Franklin and Harold Rhode, fail to pass along information gained from Iranian agents to US intelligence agencies, including reports that Iran has sent “hit squads” to Afghanistan to kill Americans. The findings will be based on information from highly unreliable sources: Iranian arms merchant Manucher Ghorbanifar and former Pentagon official Michael Ledeen, both of whom have often provided false or questionable information gathered from questionable sources (see April 3, 2005). In a series of meetings authorized by then-Deputy National Security Adviser Stephen Hadley (see December 9, 2001, December 12, 2001, June 2002, July 2002, and June 2003), two Pentagon officials, including one who reported to then-Undersecretary of Defense for Policy Douglas Feith (see September 2002), meet with Ghorbanifar, Ledeen, and other Iranians. Hadley does not fully brief CIA Director George Tenet and Deputy Secretary of State Richard Armitage about the meetings. The head of the DIA is briefed on the meeting but is not authorized to keep a written summary of it or to discuss it on the orders of then-Deputy Defense Secretary Paul Wolfowitz. For his part, Ledeen will say he twice briefed the US ambassador to Italy about the meetings. “Any time the CIA wanted to find out what was going on all they had to do was ask,” he will say. Though the report will admit that the sources of the intelligence are unreliable, it will still criticize the Pentagon for failing to allow what it calls “potentially useful and actionable intelligence” to be shared with intelligence agencies. [Associated Press, 6/5/2008; Senate Intelligence Committee, 6/5/2008 pdf file]

Entity Tags: US Department of Defense, George J. Tenet, Douglas Feith, Manucher Ghorbanifar, Stephen J. Hadley, Michael Ledeen, Richard Armitage, Paul Wolfowitz, Senate Intelligence Committee

Timeline Tags: US confrontation with Iran

Vice President Cheney says on Fox News, “I never say anything is inevitable, but if I were Saddam Hussein, I’d be thinking very carefully about the future and I’d be looking very closely to see what happened to the Taliban in Afghanistan.” [PBS Frontline, 6/20/2006]

Entity Tags: Richard (“Dick”) Cheney, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Haji Zaman Ghamsharik  speaking to reporters on December 16, 2001.Haji Zaman Ghamsharik speaking to reporters on December 16, 2001. [Source: Chris Hondros / Getty Images]US-allied warlord Haji Zaman Ghamsharik makes radio contact with some al-Qaeda commanders in Tora Bora and offers a cease-fire so bin Laden can negotiate a surrender. The other US-allied warlord, Hazrat Ali, is also in secret talks with al-Qaeda and acquiesces to the deal. The US military is reportedly furious, but the fighting stops for the night. US intelligence later concludes that about 800 al-Qaeda fighters escape Tora Bora that night during the cease fire. [New York Times Magazine, 9/11/2005] Other rival Afghan commanders in the area later accuse Ghamsharik of accepting a large bribe from al-Qaeda so they can use the cease fire to escape. [New York Times, 9/30/2002] There are other accounts that the US-allied warlords helped instead of hindered al-Qaeda (see Mid-November 2001-Mid-December 2001).

Entity Tags: Haji Zaman Ghamsharik, Hazrat Ali, Al-Qaeda

Timeline Tags: Complete 911 Timeline, War in Afghanistan

US nuclear missiles such as this one will no longer be restricted under the ABM treaty.US nuclear missiles such as this one will no longer be restricted under the ABM treaty. [Source: Associated Press / CNN]President Bush announces that the US is unilaterally withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972). The treaty, negotiated with the former Soviet Union in 1972, sets strict limitations on missile and missile defense developments by both Russia and the US. After the six-month withdrawal period is concluded in mid-2002, the US will begin developing an anti-missile defense system, an outgrowth and extension of the old “Star Wars” system (see March 23, 1983). Bush tells reporters: “Today I am giving formal notice to Russia that the United States of America is withdrawing from this almost 30-year-old treaty.… I have concluded the ABM treaty hinders our government’s ability to develop ways to protect our people from future terrorist or rogue state missile attacks.” Bush explains: “The 1972 ABM treaty was signed by the United States and the Soviet Union at a much different time, in a vastly different world. One of the signatories, the Soviet Union, no longer exists and neither does the hostility that once led both our countries to keep thousands of nuclear weapons on hair-trigger alert, pointed at each other.… Today, as the events of September 11 made all too clear, the greatest threats to both our countries come not from each other, or from other big powers in the world, but from terrorists who strike without warning or rogue states who seek weapons of mass destruction.” Defense Secretary Donald Rumsfeld calls the treaty “outdated.” [White House, 12/13/2001; CNN, 12/14/2001]
Follows Failure to Persuade Russia to Drop Treaty - The decision follows months of talks in which Bush officials attempted without success to persuade Russia to set the treaty aside and negotiate a new one more favorable to US interests. Bush says that he and Russian President Vladimir Putin “have also agreed that my decision to withdraw from the treaty will not in any way undermine our new relationship or Russian security.” Putin calls Bush’s decision a “mistake,” and says the two nations should move quickly to create a “new framework of our strategic relationship.” Putin says on Russian television that the US decision “presents no threat to the security of the Russian Federation.” He also says that the US and Russia should decrease their present stockpiles of nuclear weapons. He wants what he calls “radical, non-reversible and verifiable reductions in offensive weapons”; in turn, the Bush administration is against any sort of legally binding agreements. Putin says, “Today, when the world has been faced with new threats, one cannot allow a legal vacuum in the sphere of strategic stability.” [CNN, 12/14/2001; CNN, 12/14/2001]
'Abdication of Responsibility' - Senate Democrats (see December 13-14, 2001) and non-proliferation experts (see December 13, 2001) strongly question the decision to withdraw. Singapore’s New Straits Times writes: “History will one day judge the US decision to withdraw from the Anti-Ballistic Missile Treaty in the same way it views the US failure in 1919 to join the League of Nations—as an abdication of responsibility, a betrayal of humankind’s best hopes, an act of folly. By announcing the decision now, in the midst of a war on terrorism that commands worldwide support, the Bush administration has also displayed a cynicism that will adversely affect the mood of cooperation that has characterized international relations since September 11.” [Carter, 2004, pp. 272-273] Sweden’s foreign ministry warns of possibly “serious consequences for the future of international disarmament.” [BBC, 12/13/2001]
Seizure of Presidential Power - Regardless of the wisdom of withdrawing from the treaty, Bush’s decision has another effect that is subjected to far less public scrutiny: by unilaterally withdrawing the US from the treaty on his own authority, Bush, in the words of author Charlie Savage, “seized for the presidency the power to pull the United States out of any treaty without obtaining the consent of Congress.” Savage, writing in 2007, will note that the Constitution does not provide a clear method of withdrawing the US from an international treaty. However, he will write, judging from the fact that the US Senate must vote to ratify a treaty before it becomes binding, it can be inferred that the Founders intended for the legislature, not the executive branch, to have the power to pull out of a treaty. In Volume 70 of the Federalist Papers, Alexander Hamilton wrote that treaties are far too important to entrust to the decision of one person who will be in office for as few as four years. Hamilton wrote, “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a president of the United States.” [Savage, 2007, pp. 140]

Entity Tags: Vladimir Putin, Charlie Savage, George W. Bush, Singapore Straits Times, Bush administration (43)

Timeline Tags: US International Relations

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Richard Smith]In mid-October 2001, investigators mistakenly believe that the anthrax letters were mailed from somewhere in West Trenton, New Jersey and are said to have narrowed down the location of the mailbox to a one square mile radius. [New York Times, 10/19/2001] But around December 2001, contamination at a New Jersey postal processing center indicates that the letters in the anthrax attacks (see October 5-November 21, 2001) had been mailed on one of a limited number of routes near Princeton, New Jersey. However, seven months pass before FBI investigators test hundreds of mailboxes and identify the mailbox where the letters were mailed from. Congressman Rush Holt (D-NJ), whose congressional district includes the area where the letters were mailed from, will later say that he was surprised by how slow and shoddy the investigation was. He will point out, “Within two days they could have dispatched 50 people to wipe all those mailboxes.” He will also say that he was surprised when anthrax was found in his Congressional office in October 2001, but investigators never returned to conduct systematic testing to trace the path of the anthrax spores. [New York Times, 8/4/2008] The FBI tests about 600 mailboxes for several weeks and finds and removes the right one in early August. It is located in Princeton, New Jersey, on the corner of Nassau and Bank Streets and opposite the Princeton University campus. [New York Times, 8/14/2002] However, there are doubts that the right mailbox was identified (see August 14, 2002).

Entity Tags: Rush Holt, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

After fleeing Iraq, Adnan Ihsan Saeed al-Haideri, 43, defects to the US. Before he is debriefed by the CIA, he spends several days in a Bangkok hotel room being coached by Zaab Sethna, the spokesman of the Iraqi National Congress, on what he should tell his debriefer. On December 17, he meets with a CIA official who questions him. Strapped to a polygraph machine [Rolling Stone, 11/17/2005] , al-Haideri proceeds to tell the agent he is a civil engineer who helped hide Iraq’s illicit weapons in subterranean wells, private villas, and even beneath the Saddam Hussein Hospital. After reviewing the polygraph, which was requested by the Defense Intelligence Agency, the intelligence debriefer concludes that Haideri made the entire story up. [New Yorker, 6/7/2004; Rolling Stone, 11/17/2005]

Entity Tags: Zaab Sethna, Adnan Ihsan Saeed al-Haideri, Central Intelligence Agency, Defense Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

Zaab Sethna of the Iraqi National Congress (INC) arranges for Iraqi defector Adnan Ihsan Saeed al-Haideri to be interviewed by Judith Miller of the New York Times. Miller, who has known Chalabi for about eight years (see May 1, 2003), immediately flies out to Bangkok for the interview. Her story is published on December 20, just three days after Haideri told his story to a CIA agent who subjected him to a polygraph and determined Haideri’s story was a complete fabrication (see December 17, 2001). Miller’s front-page article, titled “An Iraqi defector tells of work on at least 20 hidden weapons sites,” reports: “An Iraqi defector who described himself as a civil engineer, said he personally worked on renovations of secret facilities for biological, chemical and nuclear weapons in underground wells, private villas and under the Saddam Hussein Hospital in Baghdad as recently as a year ago.” If verified, Miller notes, “his allegations would provide ammunition to officials within the Bush administration who have been arguing that Mr. Hussein should be driven from power partly because of his unwillingness to stop making weapons of mass destruction, despite his pledges to do so.” Sethna also contacts freelance journalist Paul Moran. Moran is a former employee of the INC and has been employed for years by the Rendon Group, a firm specializing in “perception management” and which helped develop the INC (see May 1991). Moran’s on-camera interview with Haideri is broadcast worldwide by the Australian Broadcasting Corp. [New York Times, 12/20/2001; SBS Dateline, 7/23/2003; New York Review of Books, 2/26/2004; Rolling Stone, 11/17/2005] Reporter Jonathan Landay will later say that he and others were skeptical from the outset: “There were some red flags that the New York Times story threw out immediately, which caught our eye, immediately. The first was the idea that a Kurd—the enemy of Saddam—had been allowed into his most top secret military facilities. I don’t think so. That was, for me, the biggest red flag. And there were others, like the idea that Saddam Hussein would put a biological weapons facility under his residence. I mean, would you put a biological weapons lab under your living room? I don’t think so.” Landay’s partner Warren Strobel will add, “The first rule of being an intelligence agent, or a journalist, and they’re really not that different, is you’re skeptical of defectors, because they have a reason to exaggerate. They want to increase their value to you. They probably want something from you. Doesn’t mean they’re lying, but you should be—journalists are supposed to be skeptical, right? And I’m afraid the New York Times reporter in that case and a lot of other reporters were just not skeptical of what these defectors were saying. Nor was the administration…” [PBS, 4/25/2007]

Entity Tags: Zaab Sethna, Warren Strobel, Jonathan Landay, Judith Miller, Paul Moran, Adnan Ihsan Saeed al-Haideri, Ahmed Chalabi, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Dick Cheney, sometimes accompanied by his chief of staff, Lewis “Scooter” Libby, visits the offices of US intelligence analysts working at CIA headquarters in Langley, Virginia “approximately 10” times. He interrogates them on their intelligence work on Iraq. Some analysts later complain that Cheney’s visits made them feel pressured to provide the administration with conclusions that supported the case for war. Other analysts will say they did not feel pressured. [Washington Post, 6/5/2003; Sydney Morning Herald, 6/5/2003; Guardian, 7/17/2003; Bamford, 2004, pp. 336; Vanity Fair, 5/2004, pp. 242] Michael Sulick, deputy chief of the CIA’s Directorate of Operations, will later recall, “It was like they were hoping we’d find something buried in the files or come back with a different answer.” As a result of these visits, Sulick believes that agency analysts became “overly eager to please.” [Isikoff and Corn, 2006, pp. 4-5] According to Ray McGovern, a 27-year veteran CIA analyst, these visits were “unprecedented.” [Common Dreams, 7/23/2003] In 2006, author Craig Unger will call the visits “a highly irregular occurrence.” Former CIA analyst Melvin Goodman will recall: “I was at the CIA for 24 years. The only time a vice president came to the CIA building was for a ceremony, to cut a ribbon, to stand on a stage, but not to harangue analysts about finished intelligence.… When they go, it’s usually for some ceremonial reason, to hand out an award or to cut a ribbon. Then they get the hell out.” Former DIA analyst Patrick Lang will say: “Many, many of them [CIA analysts] have told me they were pressured. And there are a lot of ways. Pressure takes a lot of forms.” A State Department official will note: “For the vice president to be meeting with analysts, that was a real red flag. It was so unusual. It was clear that people were being leaned on. Usually, if a high-ranking official wants information, it gets tasked out through appropriate channels. It was highly unusual to lock these people in a room and keep pressing. It crossed the line between… intellectual inquiry and not accepting the real answer.” Another intelligence source says: “[Cheney] wanted them to make a connection between Iraq and al-Qaeda. He already got them to agree on nuclear weapons. But he wanted the al-Qaeda connection.” Retired CIA officer Richard Kerr, brought back to the agency to study intelligence failures, later describes “overwhelming consumer demand” on agency analysts, which Kerr will say results in flawed intelligence reports. The pressure brought on analysts, another source says, is “brutal.” [Dubose and Bernstein, 2006, pp. 211; Unger, 2007, pp. 262-263] Former House Speaker Newt Gingrich (R-GA) also makes visits to CIA headquarters in Langley. [Guardian, 7/17/2003]

Entity Tags: Richard (“Dick”) Cheney, Melvin A. Goodman, Lewis (“Scooter”) Libby, Craig Unger, Richard Kerr, Newt Gingrich, Patrick Lang, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion

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

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

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

William Howard Taft IV.William Howard Taft IV. [Source: PBS]William Howard Taft IV, the State Department’s chief legal adviser, responds to John Yoo’s January 9,2002, memo (see January 9, 2002) saying that Yoo’s analysis is “seriously flawed.” Taft writes: “In previous conflicts, the United States has dealt with tens of thousands of detainees without repudiating its obligations under the [Geneva] Conventions. I have no doubt we can do so here, where a relative handful of persons is involved.” [Newsweek, 5/24/2004] Applying the Geneva Conventions, according to Taft, would demonstrate that the United States “bases its conduct on its international legal obligations and the rule of law, not just on its policy preferences.” Taft ends with a scorching criticism. “Your position is, at this point, erroneous in its substance and untenable in practice. Your conclusions are as wrong as they are incomplete. Let’s talk.” [Le Monde (Paris), 10/25/2004]

Entity Tags: William Howard Taft IV, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

The “military analysts” named by the New York Times as participants in the Pentagon’s propaganda operation to manipulate public opinion on the Iraq war (see April 20, 2008 and Early 2002 and Beyond) appear over 4,500 times on network and television news broadcasts between January 1, 2002 and May 13, 2008. The news outlets included in the May 13, 2008 count, performed by the media watchdog group Media Matters, includes ABC, ABC News Now, CBS, CBS Radio Network, NBC, CNN, CNN Headline News, Fox News, MSNBC, CNBC, and NPR. Media Matters uses the Lexis/Nexis database to compile their report. Media Matters releases a spreadsheet documenting each analyst’s appearance on each particular broadcast outlet. [Media Matters, 5/13/2008] Salon columnist Glenn Greenwald notes, “If anything, the Media Matters study actually under-counts the appearances, since it only counted ‘the analysts named in the Times article,’ and several of the analysts who were most active in the Pentagon’s propaganda program weren’t mentioned by name in that article.” [Salon, 5/15/2008]

Entity Tags: US Department of Defense, New York Times, National Public Radio, Media Matters, CNBC, CBS News, ABC News, NBC, Fox News, MSNBC, Glenn Greenwald, CNN

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

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

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

Timeline Tags: Civil Liberties

Two analysts in CIA’s WINPAC division review the Niger documents and notice some inconsistencies. But as they later explain to congressional investigators, they don’t see anything “jumping out at [them] that the documents [are] forgeries.” [Isikoff and Corn, 2006, pp. 164] By this time, at least three other US intelligence analysts, and one Italian journalist have reviewed the documents and raised questions about their authenticity (see Afternoon October 7, 2002, October 9, 2002, October 15, 2002, and Mid-October 2002).

Entity Tags: Central Intelligence Agency

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

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

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

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

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

President Bush’s State of the Union speech describes an “axis of evil” consisting of Iraq, Iran, and North Korea. Osama bin Laden is not mentioned in the speech. [US President, 2/4/2002] Bush says: “States like these and their terrorist allies, constitute an axis of evil, arming to threaten the peace of the world. By seeking weapons of mass destruction, these regimes pose a grave and growing danger. They could provide these arms to terrorists, giving them the means to match their hatred. They could attack our allies or attempt to blackmail the United States. In any of these cases, the price of indifference would be catastrophic.” Bush goes on to suggest for the first time that the US might be prepared to launch pre-emptive wars by saying, “The United States of America will not permit the world’s most dangerous regimes to threaten us with the world’s most destructive weapons.” [Vanity Fair, 5/2004] When Bush advisor Richard Perle was asked one month before 9/11 about new challenges the US faced, he replied by naming these exact three countries (see August 6, 2001). Michael Gerson, head of the White House speechwriting team at the time, will later claim that, as Newsweek will later put it, “Bush was already making plans to topple Saddam Hussein, but he wasn’t ready to say so.” Iran and North Korea are inserted into the speech in order to avoid focusing solely on Iraq. The speech is followed by a new public focus on Iraq and a downplaying of bin Laden (see September 15, 2001-April 6, 2002). Prior to the speech, the Iranian government had been very helpful in the US fight against the Taliban, since the Taliban and Iran were enemies. [Newsweek, 2/12/2007] At the time, al-Qaeda operatives had been streaming into Iran from Afghanistan following the defeat of the Taliban. Iran has been turning over hundreds of suspects to US allies and providing US intelligence with the names, photographs, and fingerprints of those it is holding. [Washington Post, 2/10/2007] Newsweek will later say that it is “beyond doubt” the Iranian government was “critical… to stabilizing [Afghanistan] after the fall of Kabul.” But all this cooperation comes to an end after the speech. Iranian Deputy Foreign Minister Mohammad Hossein Adeli will later say that “Those [inside the Iranian government] who were in favor of a rapprochement with the United States were marginalized. The speech somehow exonerated those who had always doubted America’s intentions.” [Newsweek, 2/12/2007] In August 2003, reporter Jeffrey St. Clair will write that “the Axis of Evil [is not] an ‘axis’ at all, since two of the states, Iran and Iraq, hate… each other, and neither [have] anything at all to do with the third, North Korea.” [CounterPunch, 8/13/2003]

Entity Tags: George W. Bush, Mohammad Hossein Adeli, Jeffrey St. Clair, Michael Gerson

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations

Stephen Hadley, Condoleezza Rice’s chief deputy on the National Security Council, instructs former Iran-Contra figure Michael Ledeen and officials in Douglas Feith’s office to cease their dealings (see December 9, 2001) with Manucher Ghorbanifar. [Washington Monthly, 9/2004]

Entity Tags: Stephen J. Hadley, Douglas Feith, Michael Ledeen, Manucher Ghorbanifar

Timeline Tags: Events Leading to Iraq Invasion, Iran-Contra Affair, Neoconservative Influence

The State Department’s Bureau of Intelligence and Research (INR) sends Colin Powell a memo warning that the current draft (see January 30-February 4, 2003) of Powell’s UN speech contains 38 “weak” and “unsubstantiated” allegations. It says the allegation that Saddam has plans to conceal his WMDs is from mostly “questionable sources” and that the alleged decontamination vehicles—purported to be evidence of Iraqi WMD—are “water trucks that can have legitimate uses.” The memo emphatically warns that the section on the aluminum tubes is “WEAK” and contains “egregious errors.” It also disputes the speech’s claim that terrorists “could come through Baghdad and pick-up biological weapons.” As a result of the memo’s warnings, 28 of the 38 allegations identified by INR as weak are removed from the draft. Two days later, three more claims are removed when INR objects to seven more of the speech’s allegations. [Isikoff and Corn, 2006, pp. 179]

Entity Tags: Colin Powell, Bureau of Intelligence and Research

Timeline Tags: Events Leading to Iraq Invasion

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

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

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

In a reply to White House Counsel Alberto Gonzales (see January 25, 2002), the State Department’s Legal Director, William Howard Taft IV, tries again (see January 11, 2002) to put his view forward supporting obeying the Geneva Conventions. He writes: “The president should know that a decision that the Conventions do apply is consistent with the plain language of the Conventions and the unvaried practice of the United States in introducing its forces into conflict over fifty years.” [US Attorney General, 2/1/2002]

Entity Tags: William Howard Taft IV, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

The CIA Directorate of Operations issues a second intelligence report from SISMI, Italy’s military intelligence service, on Iraq’s alleged agreement with Niger to purchase 500 tons of uranium annually. This report provides details that were not included in Italy’s October 15 report (see October 15, 2001), including a “verbatim text” of the accord. (It is not clear what the source is for the “verbatim text”. [ERiposte, 3/6/2006] ) According to the report, the purported agreement was signed by Iraqi and Niger officials during meetings held July 5-6, 2000. [US Congress, 7/7/2004; Knight Ridder, 11/4/2005] The SISMI report also draws attention to a 1999 trip to Niger made by Wissam al-Zahawie (see February 1999), Iraq’s former ambassador to the Vatican, and alleges that its mission was to discuss the future purchase of uranium. This is the first report from SISMI that names al-Zahawie and refers directly to his 1999 trip. (SISMI’s previous report had only stated that negotiations had begun by at least 1999.) This report, as well as the previous report, is based on the forged Niger documents. [New Yorker, 10/27/2003; US Congress, 7/7/2004; ERiposte, 11/3/2005] Analysts at the CIA and the DIA are more impressed with the detail and substance of this second report, but analysts at the Department of State’s Bureau of Intelligence and Research (INR) remain skeptical of the report’s allegations noting that it was unlikely that Niger would sell uranium to Iraq because the Nigeriens would have considered the risk of being caught too great. An INR analyst asks the CIA if the source of the report would submit to a polygraph. A CIA analyst who also asks about the source is told by the DO that the source is “very credible.” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, Bureau of Intelligence and Research, Defense Intelligence Agency

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

Unnamed US intelligence officials tell the New York Times that the CIA has no evidence that Saddam Hussein’s government has participated in any militant operations against the United States in nearly a decade. The agency also believes that Saddam Hussein has not provided chemical or biological weapons to al-Qaeda or other militant Islamic organizations. [New York Times, 2/6/2002 Sources: Unnamed US Intelligence Officials]

Entity Tags: Saddam Hussein

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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