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Context of 'July 31-August 5, 1972: Vice Presidential Candidate Leaves Democratic Ticket over Controversial Medical History'

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Many legal experts say Timothy McVeigh’s defense lawyers may have inadvertently helped sentence their client to death (see June 11-13, 1997). At McVeigh’s behest, the defense lawyers’ strategy was to paint McVeigh as a political idealist who believed that the government’s actions at Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and the Branch Davidian compound near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), constituted the first wave of a larger assault by the government against its citizenry. Instead, many analysts say, the jury may have taken account of those beliefs in deciding McVeigh deserved to die. Law professor Laurence H. Tribe says, “The more he seemed like a person who misguidedly, but deliberately, schemed a form of revenge that involved the sacrifice of innocent life, the less likely the jury was to spare his life.” Fellow law professor Erwin Chemerinsky agrees, saying: “We especially want to deter people from thinking they can commit mass murder in the name of politics. My guess is that the defense was hoping that the jury would see this as a person outraged and maybe feel more empathy with him. I certainly think that from the defense perspective it was a counterproductive instruction.” Tribe believes McVeigh himself insisted that his lawyers emphasize his political ideology, saying: “Clearly Mr. McVeigh was unwilling to portray any kind of remorse through his demeanor or what he would allow his lawyers to argue. They must have decided that their only remaining recourse was to make what he did understandable, if outrageous.” [New York Times, 6/14/1997] McVeigh’s mother blames the government and the news media for McVeigh’s conviction and death sentence (see June 13, 1997).

Entity Tags: Timothy James McVeigh, Laurence Tribe, Erwin Chemerinsky

Timeline Tags: US Domestic Terrorism

Former White House counsel John Dean reaches a successful settlement over his libel suit against St. Martin’s Press, the publisher of the 1991 book Silent Coup (see May 6, 1991). Dean has alleged that the book, which accused him of masterminding the Watergate conspiracy and his wife Maureen of being involved with a prostitution ring, is defamatory. Dean’s suit was for $150 million in damages; he is not at liberty to divulge the terms of the settlement, but says, “All I can say is that we’re satisfied.” Dean is still suing authors Leonard Colodny and Robert Gettlin, and convicted Watergate burglar G. Gordon Liddy, who not only helped write the book, but has recently called Maureen Dean a prostitute. St. Martin’s Press issued a revision of Silent Coup which removed defamatory material about Mrs. Dean. [Washington Post, 7/23/1997] In 2006, Dean will write that the lawsuit took years to settle, largely because “St. Martin’s tried every possible ploy to prevent its going to trial.” One of the key witnesses would have been lawyer Philip Macklin Bailey, who was allegedly involved in the purported prostitution ring, and had a notebook supposedly containing Maureen Dean’s name (under her maiden name, “Mo” Biner). Dean will call Bailey “the worst possible source of information in the annals of defamation law.” Bailey has shuttled in and out of mental institutions for decades, and if Bailey had testified, his lawyer would have presented medical evidence that Bailey was unable to distinguish fact from fiction. Dean will write that by the time the other lawsuits would have gone to trial, he was prepared to present evidence that the central thesis of the book was entirely fabricated. Colodny will eventually settle with Dean; a judge will then terminate the litigation, essentially letting Liddy and Gettlin off the hook. (Dean will note that it was pointless from a financial viewpoint to sue Liddy, since Liddy had long since transferred all of his assets to his wife’s name, and St. Martin’s Press is paying all of his legal expenses.) [Dean, 2006, pp. xxv-xxvi] Colodny will continue to maintain a Web site, the “Nixon Era Times,” that features material from Silent Coup and adds further, equally questionable, allegations to the book’s main contentions. [Leonard Colodny, 2008] Dean will note that the book has continued to gain followers, largely among right-wing media personages such as MSNBC’s Monica Crowley and Fox News anchor Brit Hume. The book also played a large role in gaining Liddy a position as a radio talk show host. [Dean, 2006, pp. xxvi-xxvii]

Entity Tags: Leonard Colodny, Brit Hume, John Dean, G. Gordon Liddy, St. Martin’s Press, Philip Macklin Bailey, Monica Crowley, Maureen Dean, Robert Gettlin

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), facing execution for his crimes (see June 11-13, 1997), is officially sentenced to death by Judge Richard P. Matsch. The hearing is a formality, as a jury sentenced McVeigh to death the day before; the entire proceeding takes nine minutes. Before Matsch pronounces sentence, he allows McVeigh to speak on his own behalf. McVeigh does so—briefly and cryptically. McVeigh says: “If the court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote: ‘Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.’ That’s all I have.” McVeigh is referring to a dissent written by Supreme Court Justice Louis D. Brandeis in a 1928 decision, Olmstead v. United States, which upheld the use of wiretap evidence. Brandeis’s dissent said that the government may not commit crimes to enforce the law, and warned of “terrible retribution” if it did. Stephen Jones, McVeigh’s lead lawyer, refuses to speculate as to why McVeigh chose to use that quote, though Jones says it is a favorite of his client. McVeigh believes the government broke the law in the Branch Davidian siege (see April 19, 1993 and April 19, 1993 and After). Jones’s defense partner, Christopher Tritico, tells reporters he is unfamiliar with the quote and will have to look it up. US Attorney Patrick M. Ryan, part of the prosecution team, later says that McVeigh’s remarks were so fleeting that “I didn’t catch it all.” Many families of the bombing victims find McVeigh’s quote cryptic and unclear. Roy Sells, who lost his wife in the bombing, says: “I don’t know if he was referring to the Waco deal or what. I wish he would’ve quoted something from his own heart instead of out of somebody else’s book. I wanted to hear what he had to say about it.” A survivor of the bombing, Paul Heath, says McVeigh’s statement makes it clear he remains unrepentant and still considers himself a revolutionary. During the proceeding, Matsch asks McVeigh for permission to release a letter McVeigh wrote to him on June 22, which asked that Jones be replaced by other lawyers from the defense team for his appeals: Richard Burr, Robert Nigh Jr., and Randall Coyne. The letter was not specific about McVeigh’s reason for requesting Jones’s removal, but cited “problems and difficulties I have had with my appointed counsel in the past.” McVeigh will publicly blame Jones for “screwing up” his trial, and has reportedly told a Buffalo News reporter that he believes Jones repeatedly lied to him about unnamed aspects of the trial (see August 14-27, 1997). Jones merely reminds reporters: “I did not seek this appointment. I am, as I said, a draftee” (see May 8, 1995). [New York Times, 8/14/1997; Serrano, 1998, pp. 320; University of Missouri-Kansas City School of Law, 2006; University of Missouri-Kansas City School of Law, 2006] McVeigh will later explain his choice of quote to Buffalo News reporter Lou Michel. “I want people to think about the statement,” McVeigh will say. “What [lead prosecutor Joseph] Hartzler is trying to do is not have people learn. He wants to have them put their heads in the sand.” The Brandeis quote, McVeigh will say, reflects on the death penalty: the government says it is wrong for McVeigh to have killed, and yet “now they’re going to kill me. They’re saying that’s an appropriate way to right a wrong?” [Serrano, 1998, pp. 321]

Entity Tags: Paul Heath, Lou Michel, Joseph H. Hartzler, Christopher L. Tritico, Patrick M. Ryan, Timothy James McVeigh, Roy Sells, Richard Burr, Richard P. Matsch, Stephen Jones, Robert Nigh, Jr, Randall Coyne, Louis Brandeis

Timeline Tags: US Domestic Terrorism

Disbarred lawyer and convicted Watergate figure Charles Colson (see June 1974), now the head of the Christian Prison Fellowship ministry, writes that “the Constitution does not give the Supreme Court final say on constitutional questions.” Colson, a traditional social conservative, makes this startling claim in an op-ed about the recent Boerne v. Flores decision of the Court, in which the Court struck down the Religious Freedom Restoration Act (RFRA) as an unconstitutional encroachment on the fundamental concept of the separation of church and state. Colson writes that the decision has “precipitat[ed] what may be the greatest constitutional crisis of our age.” Colson, a supporter of the RFRA, says the striking down of the act makes “religious liberties… once again vulnerable.” The overarching question Colson raises is whether the Supreme Court is the final judicial arbiter of the Constitution. Colson gives a blunt answer: “Contrary to what most Americans think, the Constitution does not give the Supreme Court final say on constitutional questions. And the Founders resisted the idea.” Colson cites the landmark 1803 case of Marbury v. Madison, in which the Court, he says, took up the power of judicial review, then gives three examples of presidents defying Court orders. However, fellow convicted Watergate figure John Dean, a former White House counsel, refutes Colson’s arguments. In 2006, Dean will write that “Colson, like [televangelist Pat] Robertson and others on the religious right, is seeking, in effect, to nullify Supreme Court decisions of which he does not approve.” Dean will note that although Colson has long since lost his license to practice law, he is considered a scholar of some importance by his conservative contemporaries, and therefore has some influence.
'Marbury' and Judicial Review - Dean notes that Colson’s interpretation of the bedrock Marbury case is wrong. Judicial review by federal courts of Congressional legislation was a long-established principle by the time the Court issued its ruling. Even before the Constitutional Conventions, state courts had routinely overturned state legislative acts. The assumption of most during the debates over the contents of the Constitution was that federal courts, and most specifically the Supreme Court, would have similar power over federal legislation.
Thomas Jefferson and the Alien Imposition Act - Colson writes that “Thomas Jefferson refused to execute the Alien Imposition Act.” Colson is wrong: there was never such an act. Dean writes, “If Colson is referring to the infamous Alien and Sedition Act of 1798, it had nothing to do with a court order, and the example is therefore very misleading.” Jefferson’s predecessor, John Adams, enforced the law, which Jefferson considered unconstitutional. Jefferson pardoned those convicted of sedition under the statute when he gained the presidency. He never “refused to execute” it because it expired the day before he was inaugurated, March 4, 1801.
Andrew Jackson and the Bank of the United States - Colson writes that Andrew Jackson “spurned a Court order in a banking case.” Again, as Dean notes, the citation is misleading. Dean believes Colson is referring to Jackson’s 1832 veto of a bill to recharter the Bank of the United States. The Court had not issued an opinion on the rechartering of a federal bank, so Jackson did not defy a Court order.
Abraham Lincoln and the 'Dred Scott' Decision - Colson concludes his historical argument by saying that Abraham Lincoln “rejected the Dred Scott decision. Lincoln even asked Congress to overrule the Court—which it did, passing a law that reversed Dred Scott (1862).” Dean calls Colson’s argument “a stunning summation, not to mention distortion, of history.” The infamous 1857 Dred Scott v. Sanford decision found that slaves were neither citizens nor persons under the Constitution, that Congress could not prohibit slavery in the territories, and that the Declaration of Independence’s statement that “all men are created equal” applied only to white men. Lincoln argued passionately against the decision during his 1858 debates with his Senate opponent, Stephen Douglas, and swore that he would seek to reverse the decision. But, as Dean will note, “Seeking reversal is not defiance of the law.” Lincoln did defy the Court in 1861 by suspending the writ of habeas corpus, and explained his unprecedented action to Congress by arguing that he did so to save the Union from dissolution. Dred Scott was overturned, not by Congressional legislation, but by the Thirteenth and Fourteenth Amendments to the Bill of Rights.
The Danger Inherent in Colson's Arguments - Dean will note: “Colson’s baseless arguments are unfortunately typical of those that authoritarian conservatives insist on making, using facts that are irrelevant or misleading, if not demonstrably wrong. The self-righteousness of authoritarians [such as] Colson and Pat Robertson… has become so pronounced that at times it seems as if they believe themselves actually to be speaking ex cathedra [a sardonic reference to the infallibility of the Pope]. Their contention that the president of the United States is not bound by rulings of the Supreme Court, or, for that matter, by the laws of Congress, when these rulings or laws relate to the functions of the presidency, has gained increasing currency with authoritarian conservatives, both leaders and followers.” Such acceptance “is truly frightening in its implications.” [Christianity Today, 10/6/1997; Dean, 2006, pp. 111-115; Catholic Encyclopedia, 2008]

Entity Tags: Charles Colson, Andrew Jackson, Abraham Lincoln, Thomas Jefferson, Religious Freedom Restoration Act, Pat Robertson, US Supreme Court, John Dean

Timeline Tags: Civil Liberties

Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see May 19, 1995, August 8, 1995, and May 12-13, 1997), testifies against McVeigh’s alleged co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997). Fortier tells the jury that Nichols and McVeigh took him to an Arizona storage locker filled with explosives seven months before the bombing (see October 4 - Late October, 1994). Fortier has pleaded guilty to four felonies related to the bombing.
Saw Nichols in McVeigh's Company, Changes Testimony Previously Identifying Nichols as Co-Conspirator - He says he saw Nichols three times in Kingman, Arizona, the town in which McVeigh resided; two of those times, Nichols was in the company of McVeigh. Fortier testifies that he met both Nichols and McVeigh when they were Army soldiers stationed at Fort Benning, Georgia (see March 24, 1988 - Late 1990); Nichols, he says, was his platoon leader, but not his friend. Fortier says McVeigh sent him a letter saying that he and Nichols planned some sort of “positive offensive action” against the government (see September 13, 1994), and later McVeigh told him the “action” was the bombing of a federal building, to take place on the anniversary of the Branch Davidian massacre (see April 19, 1993 and April 19, 1993 and After). “He told me… that they were planning on bombing a building,” Fortier says. When asked by a prosecutor who was the “they” that McVeigh was referring to, Fortier replies, “He didn’t say specifically,” a drastic change from his testimony in the McVeigh trial, when he told the jury that McVeigh was referring to himself and Nichols. [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997]
Says McVeigh Told Him Nichols Robbed Gun Dealer - Fortier does identify Nichols as the man who robbed Arkansas gun dealer Roger Moore to help finance the bombing (see November 5, 1994); Fortier says that McVeigh told him, “Terry did Bob,” meaning “Bob Miller,” the name Moore used at gun shows. [New York Times, 12/16/1997]
Says He Refused to Take Active Part in Bombing, Says Nichols Withdrew - Fortier testifies that McVeigh asked him to rent a storage unit under a false name, but Fortier did not do so. He also testifies that McVeigh asked him to join him and Nichols in the bombing, but Fortier says he refused (see October 21 or 22, 1994). Later, Fortier says, McVeigh told him that Nichols “no longer wanted to help him mix the bomb” (see March 1995), testifying: “Tim told me that Terry no longer wanted to help him mix the bomb. He told me that there was some problem between—or the problem had to do with Terry’s wife, Marife. I asked Tim what he was going to do if Terry didn’t help him. I made a joke and said: ‘What would you do? Would you kill him if he doesn’t help you?’ And he answered me seriously and said he would not do that. And he went on to say that Terry would have to help him because he’s in it so far up till now.” Fortier identifies a length of explosives brought to his home for safekeeping by McVeigh as being from one of the Arizona storage lockers; an FBI expert, testifying immediately after Fortier, identifies a fingerprint on the wrapper for the explosives as belonging to Nichols.
Defense: Fortier a Lying Drug Addict - In cross-examination, Nichols’s lead lawyer, Michael Tigar, elicits that Nichols never mentioned anything to Fortier about bombing a building. As defense lawyers did in McVeigh’s trial, Tigar depicts Fortier as a drug user and self-admitted liar who has admitted to lying to FBI investigators about his knowledge and involvement in the bomb plot (see April 23 - May 6, 1995), and to planning to use his knowledge of the bomb plot to wangle profitable book and movie deals. Fortier admits that Tigar’s depictions are essentially accurate. Tigar asks, “Was there ever a time in your life where Mr. McVeigh and you and Mr. Nichols were standing side by side… when Mr. McVeigh said, ‘My friend Terry and I are going to blow up a building with people in it and kill people?’” Fortier replies, “No, sir.” [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997] Legal experts later say that Fortier’s testimony against Nichols is much less compelling than his testimony against McVeigh. Fortier did not know Nichols well, and had comparatively few dealings with him. [New York Times, 11/17/1997] The Washington Post describes the defense’s cross-examination of Fortier as “withering.” One of the defense’s contentions is that Fortier was far more involved in the bomb plot than his testimony indicates, and that he may have been more involved than Nichols. [Washington Post, 11/14/1997]

Entity Tags: Roger E. (“Bob”) Moore, Michael Joseph Fortier, Terry Lynn Nichols, Michael E. Tigar, Washington Post, Timothy James McVeigh, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

The ex-wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) testifies in Nichols’s trial. Lana Padilla, frequently breaking into tears during her stint in the witness stand, testifies that Nichols gave her a package that he told her not to open unless she heard that he had died; worried for his safety, she opened it anyway and found letters and evidence that prosecutors say tie Nichols to the Oklahoma City bombing. Nichols gave Padilla the package in the days before he left on a trip to the Philippines (see November 5, 1994 - Early January 1995). He told her to wait at least 60 days before opening the package, but she opened it the day after he left. “I was concerned that there was something awful, that he was not coming back,” she says. Inside were two envelopes, one addressed to her and one addressed to Jennifer McVeigh, the sister of his alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). The letter to Padilla explained how she could gain entry to a storage unit Nichols had rented in Las Vegas, Padilla’s home town, and how she could find a bag of valuables he had hidden in her kitchen. All of the items in storage, Nichols wrote, were for their teenaged son Joshua, while the items in the kitchen were for his daughter Nicole, whom he had with his second wife Marife, a Filipino native (see July - December 1990). A tearful Padilla reads from the letter: “There is no need to tell anyone about the items in storage and at home. Again only the three of us will know. I have the most trust in you here in the US to do as I’ve written.” Nichols, sitting at the defense table, puts his head down and weeps during the letter-reading. The envelope to Jennifer McVeigh contained a second envelope addressed to her brother that advised him to remove everything from a Council Grove, Kansas, locker and “liquidate” the contents of a second locker in that same town (see October 17, 1994), or failing that, to pay to keep it longer under the alias “Ted Parker” of Decker, Michigan. “Ted Parker” is an alias used by Nichols to rent one of the lockers (see November 7, 1994). The letter says Padilla “knows nothing” and concludes with the exhortation: “Your [sic] on your own. Go for it!! Terry.” Prosecutors believe that Nichols’s final exhortation referred to the Oklahoma City bombing. In December 1994, Padilla found the item Nichols had stashed in her kitchen: a WalMart bag filled with $20,000 in $100 bills. Padilla testifies: “My first reaction was surprise, because I didn’t really think—I mean, Terry was in between employment. His wife was away. I didn’t expect him to have any money.” Later that day, Padilla and her son Barry (from another marriage) went to the AAAABCO storage unit in Las Vegas that Nichols had indicated, and the two found a briefcase and a number of boxes. The boxes contained gold and silver coins, and a paper estimating their value at between $36,000 and $38,000; a bag containing a dark wig, panty hose, makeup, and a black ski mask; a cigar box containing jade stones; and other items. Many of those items will later be identified as proceeds from the robbery. When she saw the bag, she testifies: “I looked at the mask, and I thought that—I said: ‘What is he doing? You know, what is he doing? Robbing banks?’ And that was my reaction.” Prosecutors believe that the cash in the kitchen and the goods in the storage unit were obtained by a robbery Nichols had carried off days before (see November 5, 1994). Padilla also testifies that Nichols called her the day after the robbery, November 6, 1994, and spoke of the Branch Davidian debacle near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), and the possibility that the government would be destabilized by civil unrest (see November 6, 1994). “When I hung up the phone,” she testifies, “I realized that it was a very odd conversation. And I’m sorry to say that Waco didn’t enter my mind before the call and Waco didn’t enter my mind after the call. It was just something that seemed to be on Terry’s mind.” Nichols came to Padilla’s home in Las Vegas a few days later, she says, in order to visit Joshua before leaving for the Philippines. When Nichols returned from the Philippines on January 16, 1995, he stayed for a few days with Padilla before leaving for Kansas. Padilla testifies that on January 17: “Terry was standing in the kitchen. He looked at me puzzled. I knew the look was because he had gone behind the drawer” and not found the cash he had left. Padilla had taken the cash to her office for safekeeping, she testifies, and asked Nichols to give her some of it. He refused, she says, and she turned over $17,000 of the money to him. They agreed that she would put the remaining $3,000 in a savings account for Joshua, but she admits to not doing so. “Things changed in my household,” she testifies. She left her current husband, and, she says, “the money was used for the household.” [Washington Post, 11/19/1997; New York Times, 11/20/1997]

Entity Tags: Marife Torres Nichols, Jennifer McVeigh, Lana Padilla, Roger E. (“Bob”) Moore, Terry Lynn Nichols, Nicole Nichols, Timothy James McVeigh, Joshua Nichols

Timeline Tags: US Domestic Terrorism

FBI agent Stephen E. Smith testifies in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997).
Nichols Told of Picking Up McVeigh - Smith testifies that Nichols told him and other FBI agents that on Easter Sunday, April 16, 1995, three days before the bombing, he drove around downtown Oklahoma City looking for his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols, says Smith, drove around the Murrah Federal Building, McVeigh’s target, several times before finding McVeigh in a nearby alley (see April 16-17, 1995). McVeigh, according to what Nichols told Smith, had asked Nichols for a ride from Oklahoma City back to Nichols’s Herington, Kansas, home (see (February 20, 1995)) because his car had broken down. Nichols found McVeigh, Smith says: “[H]e was standing in a light rain with Mr. Nichols’s TV set and a green laundry bag.” Smith was one of the agents who interrogated Nichols for nine hours after the bombing (see 3:15 p.m. and After, April 21-22, 1995). He was not allowed to testify in McVeigh’s trial, but was allowed to introduce the 22 pages of handwritten notes taken during Nichols’s interrogation. Smith’s testimony is the first to describe what Nichols said about the trip from Oklahoma City to Herington. McVeigh was going to bring Nichols a television set, Nichols told Smith, when his car broke down. Nichols said after he received the telephone call from McVeigh at around 3 p.m., he left about 10 minutes later and drove straight to Oklahoma City. McVeigh had told him to “drive around the block a couple times,” Nichols told the agents, and added that he passed “that building” several times. The alley McVeigh was standing in was, Smith testifies, next to the YMCA near the Murrah Building. Nichols told Smith and the other agents that McVeigh was “hyper” during the return trip to Herington, and they talked about the upcoming anniversary of the federal assault on the Branch Davidian compound in Texas (see April 19, 1993 and April 19, 1993 and After). Nichols told the agents that McVeigh told him “he would see something big in the future.” Nichols, Smith testifies, asked if McVeigh was planning to rob a bank; McVeigh replied, “No, but I’ve got something in the works.” Nichols was shocked to learn that McVeigh was a suspect in the bombing, Smith testifies: “He thought Tim was driving back east to see his family.” Nichols told the agents he could not discern any motive for the bombing, since McVeigh “was supposed to receive an inheritance from his grandfather and he would have money” to do whatever he wanted. Smith testifies that when the agents asked Nichols if he was worried about what McVeigh might say about him, Nichols replied that “he’d be shocked if Mr. McVeigh implicated him.… Terry Nichols said he trusted Timothy McVeigh more than anyone. Timothy McVeigh lived up to his arrangements and took responsibility for his actions.” Smith adds that Nichols never clarified what he meant. Nichols told the agents that the Easter telephone call was the first contact he had had with McVeigh since November 1994. However, other testimony has shown numerous contacts between McVeigh and Nichols since that time period (see November 7, 1994, March 1995, April 13, 1995, April 15, 1995, and April 15-16, 1995). [New York Times, 11/21/1997] Nichols also told federal agents that he spent the morning of April 18 at an auction in Fort Riley, Kansas, and that the same morning, McVeigh had borrowed his pickup truck to run errands. Nichols told agents that the morning of April 18, McVeigh called at 6:00 a.m. and asked to borrow the truck. Nichols agreed, and the two met at a McDonald’s restaurant in Junction City, Kansas, around 7:30 a.m. The two drove to the auction site, and McVeigh took the truck, leaving Nichols at the auction. McVeigh returned after 1:00 p.m. Nichols told agents he signed in at the auction site sometime around noon. [New York Times, 11/26/1997]
Story Contradicted by Other Evidence - Other evidence has shown that Nichols’s story about driving to Oklahoma City to pick up McVeigh and a television set is false. That evidence has shown that on April 16, Nichols met McVeigh at a Dairy Queen in Herington, then the two drove separately to Oklahoma City to scout the location for the bomb. McVeigh left his getaway car at the scene (see April 13, 1995) and the two drove back to Herington in Nichols’s pickup truck (see April 16-17, 1995). On the morning of April 18, McVeigh, staying at a motel in Junction City with his rented Ryder truck (see April 15, 1995), met Nichols at a Herington storage unit (see (February 20, 1995)). The two loaded bags of fertilizer and drums of nitromethane into the Ryder truck, and McVeigh told Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” They drove separately to Geary County State Fishing Lake, where they met and mixed the explosive components. Nichols later told investigators that he cleaned out the storage shed on April 20. One witness told investigators that he saw McVeigh with a man resembling Nichols at the motel. Other witnesses recalled seeing the Ryder truck parked behind Nichols’s house on April 17, and the Ryder truck and a pickup truck resembling Nichols’s at Geary Lake on April 18. Other witnesses said that on either April 17 or 18, they saw what appeared to be Nichols’s pickup truck parked behind the Herington storage shed (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Videotape from the Regency Towers Apartments, one and a half blocks from the bombed Murrah Federal Building, showed Nichols’s dark blue pickup with a white camper shell passing the building on April 16, though the videotape does not itself disprove Nichols’s claims of driving to Oklahoma City to pick up McVeigh and a television set. [Denver Post, 12/24/1997; Fox News, 4/13/2005] Prosecutors will soon submit evidence showing that Nichols’s claims of his whereabouts on April 18 are incorrect (see November 25, 1997).
Shared Interest in Bombs - Nichols also said that he and McVeigh were curious about bombs. They read books and magazines about them, and discussed how they worked. Nichols told the agents that “it’s possible he [McVeigh] could make a device to blow up a building without my knowledge.” Nichols, Smith testifies, insisted that their interest in bombs was strictly out of curiosity. Nichols told Smith and the other agents that he had learned about explosives from people “who came by the table at gun shows and literature he had read.” Nichols also said that he had learned “ammonium nitrate fertilizer can be used to make a bomb.… I imagine you have to put a blasting cap on it.” Smith testifies that someone had informed Nichols that ammonium nitrate could be mixed with diesel fuel to make a bomb, but adds that Nichols said he had not done that.
Cross-Examination - Nichols’s defense lawyer, Ronald G. Woods, has Smith read the entire 22-page sheaf of handwritten notes he took during his interviews with Nichols, then tells Judge Richard P. Matsch that the typewritten transcript of those notes “was not accurate or complete.” Woods also questions why the interviews were not tape-recorded. Smith calls his notes accurate, but admits that he had not written down what he now testifies was Nichols’s silence when shown a letter he had written to McVeigh the previous November urging him to “Go for it.” During the interview, Smith says Nichols admitted to having the knowledge needed to build a fertilizer bomb after initially denying it. [Washington Post, 11/21/1997; New York Times, 11/22/1997; Denver Post, 12/24/1997]

Entity Tags: Geary State Fishing Lake And Wildlife Area, Murrah Federal Building, Ronald G. Woods, Federal Bureau of Investigation, Richard P. Matsch, Terry Lynn Nichols, Stephen E. Smith, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Marife Nichols (see July - December 1990), the wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), gives what analysts call a powerful defense of her husband during trial testimony. Her testimony is combined with that of three others to cast doubt on the prosecution’s assertions that Nichols conspired with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to build and detonate the bomb that killed 168 people. The defense, already having attempted to establish that an unidentified person and not Nichols conspired with McVeigh (see December 2-3, 1997, December 4, 1997, and December 9, 1997), now tries to allege that McVeigh was a member of a much larger conspiracy that federal law-enforcement officials never seriously explored. The indictments against both McVeigh and Nichols say that “persons unknown” may have assisted McVeigh and Nichols in the bomb plot. The Washington Post observes that while the others’ testimonies may have helped Nichols, Nichols’s wife’s testimony may have “done more harm than good.” The New York Times agrees, saying that her testimony “seemed to confirm some of the strongest evidence against him.” [New York Times, 12/11/1997; Washington Post, 12/12/1997; New York Times, 12/12/1997]
Mechanic Testifies to Seeing Five Men at Bomb Building Site - Charles Farley, a mechanic from Wakefield, Kansas, testifies that on April 18, 1995, around 6:00 p.m., he came across five men and four vehicles, including a large Ryder truck and a farm truck laden with bags of ammonium nitrate fertilizer, at Geary State Fishing Lake, near Herington, Kansas. Prosecutors believe that McVeigh and Nichols alone built the bomb at the state park sometime on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Farley says he later saw one of the men, an older man with gray hair and a beard, on television. A photo of the man is shown to the jury, but the man is not identified. Sources say the man is the leader of a Kansas paramilitary group.
BATF Informant Testifies - Carol Howe, a former informant for the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995), then testifies, linking McVeigh to white supremacist Dennis Mahon and a group of Christian Identity supremacists living at Elohim City, Oklahoma (see (April 1) - April 18, 1995). Howe says in the spring of 1994, Mahon took a call from a man he identified as “Tim Tuttle,” a known alias of McVeigh’s (see October 12, 1993 - January 1994). Howe says she never told BATF or any other federal agents about the conversation because she did not know “Tuttle” was McVeigh. Howe also says she saw McVeigh at Elohim City in July 1994, in the company of two Elohim City residents, Peter Ward and Andreas Strassmeir. She says at the time she did not know McVeigh. After the bombing, Howe testifies, she told FBI investigators that Ward and his brother might be “John Doe No. 1 and No. 2,” the suspects portrayed in composite sketches circulated in the days after the bombing (see April 20, 1995). She testifies that in the days following the bombing, BATF agents showed her a videotape of McVeigh, and she told the agents she had seen McVeigh at a Ku Klux Klan rally.
White Supremacist Settlement Resident Testifies about Phone Call - Joan Millar, the daughter-in-law of Elohim City religious leader Robert Millar, testifies that on April 5, 1995, she believes she spoke to McVeigh on the telephone. Phone records show that McVeigh called a number in Elohim City on that date (see April 5, 1995). “When I answered the phone, it was a male voice,” she says. “He gave a name, but it wasn’t ‘McVeigh.’ He said that he had—he would be in the area within the next couple weeks and he wanted to know if he could come and visit Elohim City.” She says the caller was reluctant to explain how he knew of the settlement, then says he met some residents at a gun show. A man with “a very broad foreign accent” had given him a card with a telephone number on it, she says he told her. She asked if he had spoken to “Andy,” meaning Strassmeir, and the caller said that may be correct. Millar says the caller told her he would call again for directions, but never called back and never came to the settlement. Millar says that while Elohim City residents were angry and worried about the federal assault on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993 and April 19, 1993 and After), they planned no retaliation. Howe, however, testifies that she heard Strassmeir, Mahon, and Robert Millar advocate some sort of direct action against the federal government. Prosecutors have always maintained that Nichols and McVeigh bombed the Murrah Federal Building in Oklahoma City to avenge the people who died at the Branch Davidian compound.
Testimony of Wife - Marife Nichols testifies that she heard her husband talk about the Davidian tragedy with McVeigh and his brother James Nichols, but says she “did not see Terry being so mad about Waco.” Marife Nichols walks the jury through the events of April 21, when she accompanied her husband to the Herington, Kansas, police station to give voluntary statements about the bombing (see 3:15 p.m. and After, April 21-22, 1995). She describes her husband as “pale and scared,” and says, “He told me his name was in the news and James Nichols was in the news, and they’re supposed to be armed and dangerous.” Her husband worried that they were being followed by “a black car” on their way to the police station. When he said that, she testifies, “I asked him right then, ‘Are you involved in this?’ and he said, ‘No.’” She testifies that before he returned from a November 1994 trip to the Philippines (see November 5, 1994 - Early January 1995) he had told her that he was no longer having dealings with McVeigh (see March 1995). “I didn’t want Tim McVeigh in our life,” she says. [New York Times, 12/11/1997]
Cross-Examination Damaging to Defense Portrayal - Lead defense attorney Michael Tigar asserts that Marife Nichols’s testimony shows that “Terry Nichols was building a life, not a bomb.” However, under cross-examination, prosecutors quickly elicit details about the Nichols’s marriage that shows the two as distant and estranged, casting a new light on Marife Nichols’s attempt to portray their relationship as close and loving. She admits that for much of their seven-year marriage, they lived apart from one another, with her returning frequently to her home in the Philippines. She also admits that Nichols lied to her about breaking off his relationship with McVeigh, and that she suspected her husband was living a “secret life” that included numerous aliases and secret storage lockers, though she says as far as she knows, McVeigh was never in their home. She responds to questions about her husband’s shadowy activities by saying: “I don’t know. I didn’t ask him.” She recalls finding a letter to Nichols from McVeigh the week before the bombing, and though she says she did not understand the letter entirely, she remembers some phrases, including “shake and bake” and “needed an excuse for your second half.” US Attorney Patrick M. Ryan shows her a pink receipt found in the Nichols home for a ton of ammonium nitrate that prosecutors say was used to make the bomb, a receipt made out to “Mike Havens,” an alias used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). The receipt was wrapped around gold coins found at the back of her kitchen drawer; federal analysts found McVeigh’s fingerprints on the receipt. Ryan places two gold coins on the receipt, fitting them precisely into two dark impressions left on the receipt, presumably by the coins. The coins belong to Nichols, and may have come from a robbery Nichols perpetrated to help finance the bombing (see November 17-18, 1997). On April 16, she says, Nichols told her he was going to Omaha, Nebraska, to pick up McVeigh, when in reality he went to Oklahoma City (see April 16-17, 1995). Prosecutors have said that Nichols helped McVeigh stash the getaway car to be used on April 19 after the bomb was detonated (see April 13, 1995). He admitted lying to her about the April 16 trip just seconds before turning himself in on April 21, she says. She admits that Nichols had used a mail-order bride service to find her, and says he once told her, “Young ones were easier to train.” Marife Nichols was 17 when she married Nichols in November 1990; after they married in Cebu City, Philippines, he left her there and returned to the US without her, only bringing her to America months later. She says that she could not remember the exact date of their wedding. She also admits that when she joined Nichols in July 1991, she was pregnant with another man’s child. That child was found in 1993 dead with a plastic bag wrapped around his head; his death was ruled an accident. The two have two more children together. She is unable to offer an alibi for Nichols’s whereabouts on the morning of April 18, when prosecutors say he helped McVeigh construct the bomb. In saying she knew nothing about the storage lockers rented under aliases, she seems to contradict Tigar’s previous assertions that the storage lockers were used for storing innocent items and Nichols chose to use aliases merely to avoid creditors (see November 3, 1997). She also contradicts Nichols’s statements to the FBI that he had not seen McVeigh for months before the bombing.
Defense Rests - After Marife Nichols’s testimony concludes, the defense rests. The Post observes: “The defense’s eight-day case was aimed at generating confusion among jurors by poking holes in the government’s scenario, with the specter of additional accomplices and a second Ryder truck. At times, it seemed like the defense was trying to put the mysterious suspect John Doe No. 2—who was never identified and never found—on trial, instead of Nichols.” Nichols does not testify in his own defense.
Prosecutors Rebut Testimonies - The prosecution offers a brief rebuttal to the testimonies of witnesses who say they saw the Ryder truck at Geary Park earlier than April 17. State park employee Kerry L. Kitchener testifies that in April 1995, he was conducting a fishing survey at the park, and he saw no Ryder truck on April 10, 11, 13, 16, or 17, dates when defense witnesses said they had seen such a truck there. He testifies that he was not at the park on April 18, when prosecutors say Nichols and McVeigh built the bomb there in a Ryder truck. [Washington Post, 12/12/1997; New York Times, 12/12/1997]

Entity Tags: Geary State Fishing Lake And Wildlife Area, Charles Farley, Washington Post, Elohim City, Carole Howe, Andreas Strassmeir, Terry Lynn Nichols, Robert Millar, Timothy James McVeigh, Patrick M. Ryan, Kerry L. Kitchener, Joan Millar, Marife Torres Nichols, Michael E. Tigar, James Nichols, New York Times, Peter Ward

Timeline Tags: US Domestic Terrorism

The prosecution and defense in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) give their closing statements.
Prosecution: Nichols an Eager Participant - Prosecutor Beth Wilkinson tells the jury that even though Nichols was at home on the day of the bombing, he was an eager participant in the bomb plot, and shares the violent anti-government views of his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Like McVeigh, she says, Nichols wanted to strike back at the federal government for its role in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He intended death, destruction, and chaos in Oklahoma City on April 19, 1995,” she says. His favorite quote is from Founding Father Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” However, “Thomas Jefferson never bombed a day care center.” Nichols was involved in the plot from its inception in September 1994, when he left his job on a Kansas ranch “to begin gathering bomb components” (see September 13, 1994 and September 23, 1994), Wilkinson says. Nichols used aliases, such as “Mike Havens,” to purchase several tons of ammonium nitrate fertilizer, a key component in the bomb (see September 22, 1994 and September 30, 1994). He took part in the robbery of a quarry to secure explosives and explosive components (see October 3, 1994), and took part in the purchase of three barrels of nitromethane racing fuel from a Texas dealer (see October 21 or 22, 1994). Nichols also robbed an Arkansas gun dealer to help finance the bombing (see November 5, 1994), a fact confirmed by testimony given by McVeigh’s friend Michael Fortier (see November 12-13, 1997) and by the FBI finding items taken in that robbery in Nichols’s possession (see 3:15 p.m. and After, April 21-22, 1995). Nichols and McVeigh had assembled most of what they needed by November 1994, she says, when Nichols went to the Philippines (see November 5, 1994 - Early January 1995); after that point, she says, “all they had to do was wait.” When Nichols returned from his trip, they resumed their activities, using sales of guns and ammonium nitrate at gun shows to give themselves alibis. In contrast to a claim made in the opening statement by Nichols’s lead lawyer, Michael E. Tigar, she says Nichols was not building a life, “he was building a bomb, and he was building an alibi.” Wilkinson says that witnesses who testified they saw McVeigh with an unidentified person, and not Nichols, in the days before the bombing (see December 2-3, 1997, December 4, 1997, and December 9, 1997), were just plain wrong. Referring to the now-infamous “John Doe No. 2,” she says: “As a result of the media frenzy, sightings of John Doe 2 were about as common and credible as sightings of Elvis. No one is telling you Tim McVeigh was never with anyone else. The issue here is, who is on trial? John Doe 2 is not on trial. Tim McVeigh is not on trial. This is the trial of Terry Nichols.” Concluding the prosecution’s close, lead prosecutor Larry Mackey tells the jury, “It’s finally time—it’s time for justice” in what he calls “America’s most horrific crime.”
Defense: Nichols Victimized by Government - Tigar tells the jury that Nichols is the victim of a farrago of errors and circumstance; the evidence against him, Tigar says, is comprised of dishonest witnesses, sloppy investigation, and misleading circumstantial evidence. “It’s kind of like a stick on the ground, as Sherlock Holmes told Watson,” Tigar says. “If you stand here and look, it seems to point there. But if you walk around to the other side, it points in the opposite direction.” A fellow defense lawyer, Ronald G. Woods, attacks the government’s case, saying, “Anything that differs from the government’s theory, they discount, put aside, ridicule.” The witnesses who saw other men in McVeigh’s company during key moments in the bomb construction timeline were neither wrong nor mistaken, he says. Neither Tigar nor Woods refer at any length to the testimony of Nichols’s wife Marife, which is largely viewed as damaging to their client (see December 10-11, 1997). Tigar continues his previous attack on Fortier, saying: “Michael Fortier is the only witness who says he ever heard anyone say they wanted to bomb the Murrah Building. His testimony was bought and paid for, not with money but with a coin that only the government has the ability to print and hand out, and that is immunity from punishment.” Tigar says that Fortier was far more of a conspirator in the McVeigh plot than Nichols, and accuses the government of turning Fortier from a co-conspirator into a witness. Woods accuses the FBI of manipulating and fabricating witness testimony. Tigar concludes tearfully: “One hundred sixty-eight people died in Oklahoma City. We have never denied the reality of that.” But this is a nation that promises equal justice under law, he says, “rich or poor, neighbor or stranger, tax protester or not, someone who’s different from us, or not.… Members of the jury, I don’t envy you the job that you have,” he says, placing his hand on Nichols’s shoulders. “But I tell you, this is my brother. He’s in your hands.” [New York Times, 12/16/1997; New York Times, 12/17/1997]

Entity Tags: Michael Joseph Fortier, Beth Wilkinson, Larry A. Mackey, Michael E. Tigar, Terry Lynn Nichols, Timothy James McVeigh, Ronald G. Woods, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

John Ehrlichman.John Ehrlichman. [Source: PBS]After years of protracted legal wrangling, selected portions of former President Richard Nixon’s secret White House recordings (see July 13-16, 1973) are made public. In a January 2, 1997 panel discussion on PBS, two former Nixon aides, John Ehrlichman and Monica Crowley, and former New York Times reporter Tom Wicker, discuss the content and dissemination of the tapes. All three have listened to the released portions of the tapes, currently housed at the National Archives.
Context - Ehrlichman complains that the selections lack context: “The archivist has snipped little tiny segments, in some cases six or eight seconds, and you don’t know what was said before or after. And it’s tough on a listener.… I think there could be a lot more context given. What they’ve done is try and select out the things that embodied abuses of government power under their regulations, and that’s what they’re giving you.” Wicker says it is hard to know when Nixon’s “popping off” about this or that supposed enemy was ever acted upon and when his instructions to “get” a particular person were ignored. Crowley says: “I think all presidents say things in the heat of disappointment, frustration, anger, even fatigue, that they never intend to have acted upon. And Nixon’s rantings have become a lightning rod for criticism because we can hear his but we can’t hear those of other presidents.”
Brookings Institution Burglary Halted - Ehrlichman explains why Nixon’s 1972 order to burglarize the Brookings Institution (see June 30-July 1, 1971) was never carried out: “because I shot it down.… I tracked down who had followed up—who was proposing to do this thing and I told ‘em to stop. It sounded ridiculous to me. So that was the end of it.”
Comparison of Ellsberg and Hiss - Ehrlichman says that, listening to the tapes, it seems as if Nixon was comparing Daniel Ellsberg, who leaked the notorious “Pentagon Papers” (see June 13, 1971), to his “Communist” nemesis of the 1950s, Alger Hiss. Hiss, prosecuted by Nixon for allegedly selling US intelligence to the Soviet Union, helped Nixon vault to national prominence. Ehrlichman now says Nixon seemed to hope that Ellsberg could provide him with another, similar boost to his political stature before the 1972 presidential elections. In general, Ehrlichman says, Nixon was “very sensitive” to press leaks, especially those that he considered a threat to national security, and “his reaction in some cases was pretty extreme.”
Mentions of Jews - Ehrlichman goes on to address Nixon’s well-documented diatribes against Jews (see September 1971), and says that such outbursts were not confined to Jews: another day “it was major Italian donors to the Democrats, and [the next] it would be black contributors.… He broke it down along ethnic lines. He broke it down along socioeconomic lines. I wouldn’t put too much emphasis on the fact that he was talking about Jewish people in this particular segment.” Wicker says the tapes largely confirm the public impression of Nixon as a “dark… evil man” because of his blatant orders of criminal behavior and his rampant ethnic slurs. [PBS, 1/2/1997]

Entity Tags: Tom Wicker, Monica Crowley, Daniel Ellsberg, John Ehrlichman, Brookings Institution, Alger Hiss, National Archives and Records Administration

Timeline Tags: Nixon and Watergate

PNAC logo.PNAC logo. [Source: Project for the New American Century]The Project for the New American Century (PNAC), an influential neoconservative think tank, publishes a letter to President Clinton urging war against Iraq and the removal of Saddam Hussein because he is a “hazard” to “a significant portion of the world’s supply of oil.” In a foretaste of what eventually happens, the letter calls for the US to go to war alone, attacks the United Nations, and says the US should not be “crippled by a misguided insistence on unanimity in the UN Security Council.” The letter is signed by many who will later lead the 2003 Iraq war. 10 of the 18 signatories later join the Bush Administration, including Defense Secretary Donald Rumsfeld, Assistant Defense Secretary Paul Wolfowitz, Deputy Secretaries of State Richard Armitage and Robert Zoellick, Undersecretaries of State John Bolton and Paula Dobriansky, presidential adviser for the Middle East Elliott Abrams, Defense Policy Board chairman Richard Perle, and George W. Bush’s special Iraq envoy Zalmay Khalilzad. Other signatories include William Bennett, Jeffrey Bergner, Francis Fukuyama, Robert Kagan, William Kristol, Peter Rodman, William Schneider, Vin Weber, and James Woolsey. [Project for the New American Century, 1/26/1998; Sunday Herald (Glasgow), 3/16/2003; Unger, 2007, pp. 158] Clinton does heavily bomb Iraq in late 1998, but the bombing doesn’t last long and its long term effect is the break off of United Nations weapons inspections. [New York Times, 3/23/2003] The PNAC neoconservatives do not seriously expect Clinton to attack Iraq in any meaningful sense, author Craig Unger will observe in 2007. Instead, they are positioning themselves for the future. “This was a key moment,” one State Department official will recall. “The neocons were maneuvering to put this issue in play and box Clinton in. Now, they could draw a dichotomy. They could argue to their next candidate, ‘Clinton was weak. You must be strong.’” [Unger, 2007, pp. 158]

Entity Tags: Robert B. Zoellick, Vin Weber, William Kristol, William Jefferson (“Bill”) Clinton, Zalmay M. Khalilzad, William Schneider Jr., Richard Perle, William J. Bennett, Richard Armitage, Robert Kagan, Paula J. Dobriansky, Donald Rumsfeld, Craig Unger, Peter Rodman, Elliott Abrams, John R. Bolton, James Woolsey, Francis Fukuyama, Jeffrey T. Bergner, Paul Wolfowitz

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

The New York Times reports on previously undisclosed letters written by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), as well as similarly undisclosed suspicions among McVeigh’s family members that he carried out the bombing—suspicions that they later shared with FBI investigators. According to the letters, all written to his younger sister and confidant Jennifer McVeigh, McVeigh was despondent over not being able to confide the extent of his anti-government activities to his family, even Jennifer, and at at least one point contemplated suicide. The Times obtained copies of the letters and summaries of the interviews, which were not presented at McVeigh’s trial last year.
Letters - An October 1993 letter to Jennifer (see October 20, 1993) expresses his distress over not being able to fully discuss his anti-government feelings and “lawless behavior,” and alleges that he left Special Forces training, not because he could not meet the physical requirements (see January - March 1991 and After), but because he learned that if he became a Green Beret, he could be required to take part in government-sanctioned assassinations and drug trafficking. A Christmas 1993 letter to Jennifer hints that he might be involved in bank robberies and/or other illegal activities (see December 24, 1993). And another letter, written four months before the bombing, warns her that he may “disappear” or go “underground” (see January 1995).
Family Suspicions - Jennifer told FBI investigators (see April 21-23, 1995) that she had an “eerie feeling” her brother was involved with the bombing. His father, William McVeigh, told investigators he was worried that McVeigh would do something to get in trouble; he also told investigators that his mother, Mildred Frazer, thought her son “did the bombing.” William McVeigh was not convinced of the government’s theory that his son’s anger over the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After) was the trigger that set him on a path of destruction, a stance other family members emulated. William McVeigh told investigators that his son’s real problems may have begun over money, starting with the Army’s demand that he repay an “overpayment” (see March 1992 - February 1993), a demand that infuriated McVeigh. William McVeigh acknowledged that his son was obsessed with the deaths of the Branch Davidians, and told investigators that he and his son were at “opposite ends politically.” He said his son was bright but never really succeeded in life because he did not handle pressure well, did not take orders well, and had trouble handling the responsibilities of day-to-day work. But Jennifer thought that her brother’s breaking point came earlier, when he withdrew as a candidate for the Army’s Special Forces, as he wrote to her in an October 1993 letter (see October 20, 1993).
Undisclosed Evidence Suggesting Militia Ties - The Times also reports on previously undisclosed witness statements that indicate Timothy McVeigh may have had militia ties, something long suspected (see November 1992, January 23, 1993 - Early 1994, April 1993, April 19, 1993 and After, September 1993, October 12, 1993 - January 1994, March 1994, August - September 1994, September 12, 1994 and After, November 1994, and December 1994), but never made a large factor in McVeigh’s trial. One witness, a corrections officer who worked as a security guard in Kingman, Arizona, around the time McVeigh worked as a guard (see May-September 1993), told FBI investigators that he and his father once saw McVeigh with 10 or 15 other people dressed in camouflage in the desert north of Kingman in the fall of 1994. The group had firearms spread over the hood of an old yellow or tan station wagon, he said. The officer also said that he saw McVeigh’s friends Michael and Lori Fortier, whom he knew from high school, arrive—presumably at the desert meeting—in a small blue pickup truck with a white camper shell, a description that fits the truck owned at the time by McVeigh’s accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). The Fortiers have testified that Nichols came to their Kingman home in his blue pickup in October 1994, shortly after McVeigh had them rent a storage locker for him in which he stored stolen detonators and other explosives (see October 4 - Late October, 1994). [New York Times, 7/1/1998]

Entity Tags: Terry Lynn Nichols, Jennifer McVeigh, Federal Bureau of Investigation, Lori Fortier, New York Times, William (“Bill”) McVeigh, Michael Joseph Fortier, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Wissam al-Zahawie, Iraq’s ambassador to the Vatican, sets off on a trip to several African countries as part of an effort to convince African heads of state to visit Iraq. Saddam Hussein hopes that these visits will help break the embargo on flights to Iraq and undermine the UN sanctions regime. Zahawie’s first stop is Niger, where he meets with the country’s President Ibrahim Bare Mainassara for one hour. Mainassara promises that he will visit Baghdad the following April. (He is assasinated before he has an opportunity to do this.) [Sunday Herald (Glasgow), 7/13/2003; Independent, 8/10/2003; Time, 10/2/2003; New Yorker, 10/27/2003] In early 2002, the Italian military intelligence service, SISMI, will allege in a report (see February 5, 2002) sent to the US that the motive behind the visit is to discuss the future purchase of uranium oxide, also known as “yellowcake” (see October 15, 2001). [New Yorker, 10/27/2003] However, no one at this time suggests that the trip’s motives have anything to do with acquiring uranium. Zahawie’s trip is reported in the local newspaper as well as by a French news agency. The US and British governments are aware of the trip and show no concern about Niger, which is actively seeking economic assistance from the United States. [New Yorker, 10/27/2003] In 2003, al-Zawahie will tell British reporters: “My only mission was to meet the president of Niger and invite him to visit Iraq. The invitation and the situation in Iraq resulting from the genocidal UN sanctions were all we talked about. I had no other instructions, and certainly none concerning the purchase of uranium.” [Independent, 8/10/2003]

Entity Tags: Wissam al-Zahawie, Ibrahim Bare Mainassara

Timeline Tags: Niger Uranium and Plame Outing

Yellowcake.Yellowcake. [Source: CBC]Pakistani nuclear scientist A. Q. Khan takes a trip to West Africa. Ostensibly, he is going to oversee the construction of the Hendrina Khan Hotel in Timbuktu, Mali, which he bought the year before and is named after his wife, but it is believed that is just a cover for nuclear-related business. He spends several days in Khartoum, Sudan, where he is spotted touring the al-Shifa factory, bombed by the US the year before in response to al-Qaeda bombings in Africa (see August 20, 1998). In 2006, intelligence sources in India and Israel will claim that Khan actually partly owns the factory. Khan then travels to N’Djamena, the capital of Chad, Timbuktu in Mali, and Niamey, the capital of Niger. Niger has considerable uranium deposits and had been a major supplier of yellowcake uranium to Pakistan in the 1970s. Khan returns to Sudan, where he meets with the Sudanese president, and then returns to Pakistan. He is accompanied by his top nuclear aides and a number of Pakistani generals, and all expenses on the trip are paid for by the Pakistani government.
CIA Investigates Khan Trip - CIA undercover agent Valerie Plame Wilson learns about the trip, and the CIA is so concerned that it launches an investigation, especially to find out if Khan could be buying yellowcake from Niger. Plame Wilson’s husband Joseph Wilson, a former National Security Council official and US ambassador to the nearby country of Gabon who has close ties to important politicians in Niger, and who who has just set up a private consulting firm with a focus on advising clients who want to do business in Africa, is approached by officials from the CIA’s National Resources Division (NR) to visit Niger. The agency asks Wilson, who already has a business trip planned to West Africa, to find out what he can about Khan’s trip.
Illicit Uranium Sales Highly Unlikely - Wilson concludes that illicit uranium sales are very unlikely since the French government tightly controls Niger’s uranium mines and uranium sales. However, Khan’s trip does raise concern that he could be working with Osama bin Laden, because of his interest in the al-Shifa factory in Sudan, and because of intelligence that the hotel he owns in Timbuktu was paid for by bin Laden as part of a cooperative deal between them. The CIA writes and distributes a report on the trip. (In 2004, the Senate Intelligence Committee will erroneously conclude that the CIA did not distribute the Wilson-Niger report—see July 9, 2004.) Wilson will keep this trip secret, even refusing to mention it in his 2004 memoir The Politics of Truth, presumably because he signed a confidentiality agreement with the CIA. In 2002, he will return to Niger to investigate if Saddam Hussein could be buying uranium in Niger (see February 21, 2002-March 4, 2002). That will lead to the eventual outing of his wife Plame Wilson’s status as a CIA agent. [Levy and Scott-Clark, 2007, pp. 283-285, 516; Wilson, 2007, pp. 358-360]

Entity Tags: Valerie Plame Wilson, Abdul Qadeer Khan, Osama bin Laden, Joseph C. Wilson

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

Former President George H. W. Bush, a former director of the CIA, speaks at the dedication ceremony of the new intelligence center bearing his name. In the course of his speech, Bush says: “We need more human intelligence. That means we need more protection for the methods we use to gather intelligence and more protection for our sources, particularly our human sources, people that are risking their lives for their country.… I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious, of traitors.” [Central Intelligence Agency, 4/26/1999] These remarks will later be unearthed in conjunction with the White House’s leaking of the identity of covert CIA agent Valerie Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), and the publication of her name and status by conservative columnist Robert Novak (see July 14, 2003).

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

Timeline Tags: Niger Uranium and Plame Outing

A businessman reportedly approaches Nigerien Prime Minister Ibrahim Mayaki and insists that he meet with an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. Mayaki reportedly interprets “expanding commercial relations” to mean that Iraq is interested in discussing uranium sales. According to Mayaki, he does meet the delegation but avoids discussion of trade issues because of UN sanctions on the country. They reportedly never discuss what the businessman had meant when he said Iraq was interested in “expanding commercial relations.” [US Congress, 7/7/2004] A US embassy official later tells former ambassador Joseph Wilson, who himself will visit Niger to determine the facts behind American concerns that Iraq is attempting to secure Nigerien uranium (see Fall 1999), that Mayaki is extremely wary of dealing with Iraq, and keeps the conversations on very general levels. The Iraqi may have wanted to discuss uranium, the embassy official later recalls, but nothing is ever said on the subject. Wilson later learns from the official that Mayaki speaks to the Iraqi information minister, Muhammad Saeed al-Sahhaf, disparagingly called “Baghdad Bob” by the Americans. At the time, Wilson is not aware of the Iraqi’s identity, so he does not include the name in his report to the CIA. [Wilson, 2004, pp. 27-28] Alan Foley, the director of the CIA’s Nonproliferation Center (see February 5, 2003), will later tell a reporter that an item in Wilson’s report (see March 4-5, 2002) leads him to believe that there may be some truth to the Iraq-Niger allegations. Writing about Foley’s assertion in 2004, Wilson says he believes that Foley is referring to the 1999 conversation between the embassy official and al-Sahhaf. Wilson will ask, “Could it be that we went to war over a conversation in which the word ‘uranium’ was not spoken at all?” The Nigerien official later tells Wilson that he wondered if al-Sahhaf might have intended to ask about a possible uranium deal in subsequent conversations. “Was that the smoking gun that could supposedly have become a mushroom cloud?” Wilson will ask. “And so is it possible that, because of that non-conversation, [thousands of] Americans have been killed, and [billions] of national treasure spent?” [Wilson, 2004, pp. 424]

Entity Tags: Muhammad Saeed al-Sahhaf, Joseph C. Wilson, Ibrahim Mayaki, Alan Foley

Timeline Tags: Niger Uranium and Plame Outing

President Clinton signs the National Missile Defense Act of 1999 (NMDA), which states in its entirety, “It is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).” The NMDA mandates that the US will deploy some sort of missile defense system (see March 23, 1983 and January 29, 1991), but Clinton will refuse to order the system’s deployment in 2000, in part because it has failed its tests and in part because to deploy the system would require the US to withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972), a move Clinton is unwilling to make. Clinton will acknowledge that the US makes its own national security decision, but will add, “We can never afford to overlook the fact that the actions and reactions of others in this increasingly interdependent world do bear on our security.” [US Senate, 7/22/1999; White House, 7/22/1999; Scoblic, 2008, pp. 173-174]

Entity Tags: National Missile Defense Act, William Jefferson (“Bill”) Clinton

Timeline Tags: US International Relations

The media learns that members of the US Army’s elite Delta Force were involved in a March 1993 meeting to discuss the management of the Branch Davidian siege near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993). Former CIA officer Gene Cullen, who was a senior officer in the CIA’s Office of Security, says that he attended that meeting, which took place at CIA headquarters. Federal law prohibits military involvement in law enforcement matters and precludes CIA operations on domestic soil. The Delta Force members were “mostly observers,” Cullen recalls, but he says that they offered to lend more overt assistance if any more federal agents were killed. “Their biggest fear was that more agents would be killed,” says Cullen. Participants at the meeting also discussed the use of “sleeping gas” which could be used to peacefully end the siege. Cullen tells reporters: “My charter at the agency was facilities personnel and operations worldwide. So we called this meeting [at CIA] during the Waco crisis… to see how the [FBI’s Hostage Rescue Team] would respond if it was one of our buildings in this country, and if it were overseas, how Delta would respond. So we’re all sitting around the room talking about scenarios. The FBI gave us a briefing on what had transpired. The Delta guys didn’t say much. They were playing second fiddle to the FBI.” Pentagon officials deny any military involvement in the Waco siege. [Salon, 8/28/1999] In late October, Army officials will confirm they were asked to assist in the BATF assault that precipitated the crisis (see 5:00 A.M. - 9:30 A.M. February 28, 1993), and say they questioned the legality of military involvement, which would require a presidential order to allow their involvement in domestic law enforcement matters. A Pentagon official says no consideration was ever given to making a request of President Clinton to allow Army involvement in the situation. Pentagon officials will also admit that three Delta Force members were present at the April assault that destroyed the Davidians and killed almost all of the members, but say that they participated only as observers. They also admit that Delta Force officers did meet with Reno to discuss strategies of forcing the Davidians out of their compound. [Associated Press, 10/31/1999]

Entity Tags: Janet Reno, Branch Davidians, FBI Hostage Rescue Team, Gene Cullen, US Special Forces, Federal Bureau of Investigation, US Department of the Army

Timeline Tags: 1993 Branch Davidian Crisis

John C. Danforth.John C. Danforth. [Source: Huffington Post]Attorney General Janet Reno names former Senator John Danforth (R-MO) as a special counsel to investigate the events of the April 1993 tragedy outside of Waco, Texas (see April 19, 1993), and specifically to determine whether actions by the FBI led to the fire that destroyed the Branch Davidian compound and killed almost 80 Davidians. Reno opens the investigation after learning that the FBI concealed evidence of the use of incendiary gas cartridges during the assault on the Davidian compound, actions that some believe may have started some of the fires (see August 10, 1999 and After, August 25, 1999 and After, and August 26, 1999). Danforth is a former US attorney general and an Episcopal priest. According to an Associated Press report, “both admirers and detractors have noted his emphasis on morals as well as his stubborn independence.” Former Senator Thomas Eagleton (D-MO), who served in the Senate with Danforth for 10 years, says: “He calls them like he sees them. Members of the Senate or House will have full faith in his finding.” [Associated Press, 9/7/1999; Associated Press, 9/9/1999; Fort Worth Star-Telegram, 7/21/2000] Republicans in Congress have called on Reno to resign, while Democrats defend her tenure and say her actions during and after the Waco assault have been “commendable.” House Judiciary Chairman Henry Hyde (R-IL) says that he will hold off on attempting to launch a five-member commission to probe the Waco debacle. He will allow the Danforth investigation to proceed unimpeded, unless he feels the Justice Department is not cooperating with the probe. “Should events prove otherwise, we will reconsider this decision,” Hyde says. [Associated Press, 9/9/1999] Danforth’s investigation will clear the FBI and the federal government of any wrongdoing (see July 21, 2000).

Entity Tags: Janet Reno, Henry Hyde, John C. Danforth, Branch Davidians, Thomas F. Eagleton, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Investigators say that a spent illumination flare found in evidence stored after the Branch Davidian tragedy (see April 19, 1993 and September 7, 1999) may have been one of two such devices fired by FBI agents to stop an intruder from entering the sect’s compound during the early days of the standoff (see 5:00 A.M. - 9:30 A.M. February 28, 1993). At least two such flares were fired during the 51-day standoff, which ended in flames that killed almost 80 Davidians. Some believe the FBI started the fires, either deliberately or accidentally, that consumed the compound. FBI spokesman John Collingwood says, “From talking to people in our Hostage Rescue Team, at one time, when your floodlight illumination was not active, they shot two parachute illumination rounds because of concern about people trying to sneak into the compound.” Rangers discovered the spent remains of one of the devices, a star parachute flare, when they recently searched a Waco storage facility for missing pyrotechnic tear-gas grenades (see August 10, 1999 and After). Currently, the government is enacting an investigation to determine if the FBI fired flammable devices into the compound, and why it took six years to acknowledge the use of military tear-gas canisters (see September 7-8, 1999). [Associated Press, 9/9/1999]

Entity Tags: Federal Bureau of Investigation, John Collingwood, Branch Davidians, FBI Hostage Rescue Team

Timeline Tags: 1993 Branch Davidian Crisis

Richard Schwein, the former special agent in charge of the El Paso division of the FBI who was involved in the Branch Davidian siege of 1993 (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993), says the bureau was worried about more than just the possibility that the Davidians might torch their own compound. Schwein recalls that the FBI and the Bureau of Alcohol, Tobacco and Firearms (BATF) contacted former Davidians around the world (see Around 4:00 p.m. February 28, 1993). He says, “We were trying to find out as much as we could—what this was all about.” Schwein says the FBI feared an armed assault from the Davidians. “There was a concern they would burst out of the building shooting,” he says. “I know at one point, they intended to come out wired with explosives and set them off to kill FBI agents. We had a lot of concerns. We tried to plan for every eventuality.” [Daytona Beach Sunday News-Journal, 9/12/1999]

Entity Tags: Richard Schwein, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Branch Davidians, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

The Texas Rangers release a report to Congress that says they found spent cartridges from two different makes of sniper rifles carried by FBI agents during the final assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The cartridges indicate that FBI agents may have fired shots at the compound during the final assault on the Davidian compound, an assertion the FBI has long denied. Officials of the Bureau of Alcohol, Tobacco and Firearms (BATF) say that the cartridges may have come from shots their agents fired during the initial BATF raid on the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Federal law enforcement officials say the cartridges were collected by FBI agents after they arrived in Waco (see March 1, 1993). [New York Times, 9/14/1999]

Entity Tags: Texas Rangers, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Branch Davidians, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Copies of FBI infrared surveillance tapes taken during the first hours of the FBI assault against the Branch Davidian compound near Waco, Texas (see April 19, 1993), clearly show repeated bursts of rhythmic flashes from agents’ positions and from the compound; two experts hired by the surviving Davidians say the flashes must be gunfire. A third expert retained by the House Government Reform Committee, Carlos Ghigliotti, an expert in thermal imaging and videotape analysis, says he, too, believes the flashes to be gunfire. “The gunfire from the ground is there, without a doubt,” he says. FBI officials have long maintained that no agent fired a shot during either the 51-day standoff or during the final assault. Michael Caddell, the lead lawyer for the Davidians in their lawsuit against the government (see April 1995), says he has shown the tapes and the expert analysis to John Danforth, the former senator who is leading a government investigation into the FBI’s actions during the siege and the assault (see September 7-8, 1999). Caddell says his two experts are former Defense Department surveillance analysts. One of Caddell’s two experts also says the FBI’s infrared videotapes that have been released to the public, Congress, and the courts may have been altered. “There’s so much editing on this tape, it’s ridiculous,” says Steve Cain, an audio and video analysis expert who has worked with the Secret Service and the Internal Revenue Service. Cain says his analysis is preliminary because he has not been granted access to the original tapes. But, he says, the tapes appear to have been erased. There are significant erasures during the 80-minute period before the compound began burning. Cain says: “It’s just like the 18-minute gap on the Watergate tape. That was erased six times by Rose Mary Woods (see November 21, 1973). That’s why we’re trying to get to the originals.” Cain also says that he believes images were inserted into the videotapes, perhaps from different video cameras. Caddell says, “I think at this point, it’s clear that the whole investigation, and particularly the fire investigation, was garbage in-garbage out.” The videotapes were used in a 1993 Treasury Department review of the siege (see Late September - October 1993) and as evidence in a 1994 criminal trial against some of the surviving Davidians (see January-February 1994), both of which concluded that the Davidians themselves set the fires that consumed the compound. [Associated Press, 10/6/1999; Dallas Morning News, 10/7/1999]

Entity Tags: John C. Danforth, Branch Davidians, Carlos Ghigliotti, House Committee on Oversight and Government Reform, Steve Cain, Michael Caddell, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

The special counsel’s office investigating the Branch Davidian tragedy (see April 19, 1993) asks for court-supervised tests to determine if flashes recorded by FBI infrared cameras during the final assault on the Davidian compound were made by gunshots fired by FBI agents (see October 7, 1999). The FBI has always insisted that its agents fired no shots during the assault. The Justice Department has refused similar requests from lawyers representing surviving Davidians in a lawsuit against the government (see April 1995). Justice Department officials say that such testing would be without critical data that the government has chosen to withhold under the rubric of national security. However, deputy special counsel Edward L. Dowd believes otherwise. In a letter to Judge Walter Smith, presiding over the civil suit, Dowd writes: “Both the trust of the public and the truth-seeking process are not best served by the course of events as they are unfolding. We propose therefore that the court supervise a neutral FLIR [forward-looking infrared] re-creation.” The Justice Department is facing growing criticism over what some perceive as its lack of cooperation in providing documents and other evidence relating to the Davidian siege and final assault. Even some FBI officials have privately complained that the department’s handling of the matter has further damaged the bureau’s credibility. Experts hired by lawyers in the suit have determined that the flashes captured by FBI cameras may well have been gunfire. Michael Caddell, lead lawyer for the Davidians in the civil suit, says that the special counsel’s request “forces the issue.” Caddell adds: “The procedure that’s been proposed is clearly designed to protect any legitimate security concerns by the FBI and the Department of Justice. They’ve taken away the one legitimate reason that they could have for refusing. Any refusal now is because they already know what the answer is going to be. I think that would be the most damning admission of liability they could possibly make. It’s clear now that the office of special counsel, the courts, and the plaintiffs are all interested in getting to the truth of what happened on April 19. The question that’s lingering out there is, is the government interested in getting at the truth?” FBI officials have offered to secretly conduct an examination of the FLIR videotapes for the special counsel’s investigation. [Dallas Morning News, 11/10/1999; Dallas Morning News, 11/16/1999] Smith will order the tests (see November 15, 1999).

Entity Tags: Michael Caddell, Branch Davidians, Edward Dowd, John C. Danforth, Walter Smith, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: 1993 Branch Davidian Crisis

NSA servers used to collect and sift data.NSA servers used to collect and sift data. [Source: FrancesFarmersRevenge.com]The National Security Agency (see 1952) begins building a massive data-mining system, code-named “Trailblazer,” that is intended to sift through reams of digital communications intercepts and find nuggets of information relevant to national security. The program’s task is huge—to sort through the 2 million bits of data the NSA collects every hour—and one made even more complex by the relatively new types of wireless, Internet, cell phone, and instant messaging communications now becoming ever more commonplace. Trailblazer is strongly embraced by General Michael Hayden, who became the NSA’s director in March 1999. Hayden recognizes from the outset that the NSA is years behind the technological curve, and casts Trailblazer as the future of the agency’s intelligence gathering and sorting. In November 1999, Hayden makes Trailblazer the centerpiece of his “100 Days of Change,” his plan to transform the agency into a leaner, more efficient organization, fast-tracking the program to vault it ahead of other initiatives. “It was going to structure us to handle the digital revolution,” a former intelligence official will recall. But from the outset the program has problems: a meeting between NSA and other government officials in December 1999 is unpromising, and, according to one government oversight official, the program “kicked off with not a real great definition of what it was trying to achieve.” Program managers fail to define standard data formats to allow for the proper sorting of information. After six years, $1.2 billion in expenditures, and endless man-hours of work, the utterly failed program will be recognized as the “biggest boondoggle… in the intelligence community” (see January 2006). [Baltimore Sun, 1/29/2006]

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

A number of political action committees, or PACs (see 1944, February 7, 1972, 1975, and November 28, 1984), created by “independent” organizations inform the Federal Election Commission (FEC) that they will not disclose the names of donors or amounts of funds raised, because they are not expressly advocating for or against any individual candidate. These PACs become known as “527 groups,” based on Section 527 of the federal tax code. Congress soon passes a disclosure mandate forcing PACs to reveal their donors and information about their fundraising and expenditures (see June 30, 2000). By 2005, many PACs begin registering themselves as 501(c)4 “advocacy nonprofit” organizations. Under the law, such groups can only conduct certain “political advocacy” activities, but in return do not have to disclose their contributors or information about their financing. [National Public Radio, 2012]

Entity Tags: US Congress, Federal Election Commission

Timeline Tags: Civil Liberties

A newly released surveillance photograph taken during the FBI’s final assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993), casts doubt on theories that FBI agents opened fire on the Davidians during the assault (see September 14, 1999, October 1999, October 7, 1999, November 5, 1999, and November 15, 1999). The photo is part of a batch submitted to the Danforth investigation (see September 7-8, 1999) and to Judge Walter Smith, who is presiding over the wrongful-death lawsuit filed by Davidian survivors against the government (see April 1995). The photograph was taken on April 19, 1993, within seconds of the time when a flash appears on an infrared surveillance videotape at 11:24 a.m. Experts have claimed that such flashes indicate gunfire from FBI agents; however, no one is in the vicinity of the flash as shown in the photograph. Smith has ordered tests to be done to determine if the flashes on the videotapes are, indeed, gunfire. Lawyer Michael Caddell, speaking for the Davidians, says the photograph proves nothing: “Seeing one or two or 10 photographs doesn’t tell you a whole lot.” Two FBI planes were flying over the compound during the attack. One, an FBI Nightstalker, took infrared videotape of the scene and the other took still photographs on film. Until recently, the two had not been compared to one another. The infrared tapes show a tank destroying the back wall of the Davidians’ gymnasium just before 11:30 a.m.; at 11:24, the tape shows a flash off the right rear corner of the tank. The photo was taken almost at that same instance; no one can be seen in the photo, casting doubt on claims that someone was near the tank firing into the compound. Caddell notes that the photographs are not time-stamped, and the times of the photos must be estimated based on the amount of damage done to the gymnasium. “Being able to identify what time it is and whatever the precise moment when someone was firing from the rear of the tank is very suspect unless you’ve got a complete roll of film and you can see the entire sequence,” he says. [St. Louis Post-Dispatch, 1/12/2000; Associated Press, 1/13/2000]

Entity Tags: Walter Smith, Branch Davidians, Michael Caddell, Federal Bureau of Investigation, John C. Danforth

Timeline Tags: 1993 Branch Davidian Crisis

The St. Louis Post-Dispatch profiles two gun dealers, Henry S. McMahon and Karen Kilpatrick, who say they have endured threats of reprisal from federal officials after selling 223 guns to David Koresh, the Branch Davidian leader whose compound was destroyed by flames in a government assault (see April 19, 1993). McMahon, 37, and Kilpatrick, 42, were never charged with any crime, but they say government agents have threatened and intimidated them for seven years. They say they cannot hold down jobs, and live together in a federally subsidized apartment in a small Idaho town, surviving on government disability benefits. In 1997, the Justice Department rejected complaints they filed after finding no evidence of harassment or mistreatment. They tried to file a civil rights suit against the government, but could not pay for legal representation. They hope that the Danforth investigation (see July 21, 2000) will net them some government money. Both Kilpatrick and McMahon spent time at the Waco compound, and McMahon still has a Bible filled with handwritten notes he took during some of Koresh’s religious talks. McMahon says he never believed Koresh’s teachings: “I was there to sell David a gun,” he says.
BATF: No Evidence of Harassment - After the April 1993 debacle, the two claim that the Bureau of Alcohol, Tobacco and Firearms (BATF) has persecuted them, ruining their reputations among their fellow gun dealers. BATF spokesman Jeff Roehm says their allegations have been investigated and discounted. “There was no finding that anyone behaved inappropriately and no agent was disciplined,” Roehm says. He adds that he is prohibited by law from responding to specific allegations. McMahon says they sleep on air mattresses and keep their belongings boxed up, ready to flee from “the feds” at a moment’s notice.
Sold Guns to Koresh - McMahon and Kilpatrick moved to Waco in 1990, because Texas gun laws make it easy for people like them to sell guns without regulatory interference. Koresh was one of their best customers. McMahon calls Koresh a gun collector, who stockpiled an armory of various weapons (see May 26, 1993) merely to resell them for profit, and not to mount an assault on government officials. It was a July 1992 visit to McMahon’s business by BATF agents (see June-July 1992) that helped spark the BATF assault on the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993). McMahon says he told the agents, Jimmy Ray Skinner and Davy Aguilera (see June-July 1992 and November 1992 - January 1993), that Koresh was an investor. He also says that he called Koresh during that visit, and Koresh invited the agents to the Waco compound, but the agents declined the invitation.
Left Texas before Raid - Later in 1992, McMahon and Kilpatrick quit the gun-selling business in Texas and moved back to their home state of Florida; they deny that the BATF visit had anything to do with their decision. After the February 1993 BATF raid, they called the BATF office in Pensacola, informed the agents there of their business dealings with Koresh, and, though the agents told them to stay quiet, were besieged by reporters who somehow found out about their connections with Koresh.
Protective Custody - The BATF placed them in protective custody and flew them to Oregon, where they stayed with McMahon’s parents for 22 days. McMahon now says the agents told him their lives were in danger from Davidians loyal to Koresh, and adds that he and Kilpatrick now wish they had “gone public from the very get go” and not gone to Oregon. On March 23, federal agents brought them to Waco and questioned them—McMahon says they were threatened, shouted at, and physically assaulted—and told them they would be charged with manufacturing illegal weapons. They refused to implicate Koresh in illegal gun deals. Instead, the agents released the two and they returned to Florida. The owner of the gun shop that employed them, Duke McCaa, refused to take them back, citing his fear of the BATF and his lawyer’s advice. McCaa now says he does not believe McMahon’s and Kilpatrick’s tales of threats and harassment by federal agents. Kilpatrick testified for the prosecution in the 1994 trial of 11 Davidians (see January-February 1994).
Speaking for Gun-Rights Organizations - For a time, the two became high-profile spokespersons for the National Rifle Association (NRA) and other gun-rights groups; Soldier of Fortune magazine paid for them to go to Las Vegas, where they talked about Waco.
'They Owe Us' - The two moved to Bonners Ferry, Idaho, in 1993, where they worked a variety of odd jobs, including night security at a wilderness school for troubled youth. In 1995, McMahon testified before a House committee about Waco. After the testimony, McMahon says employees at the school harassed him and Kilpatrick, forcing them to quit. He and Kilpatrick filed for bankruptcy in 1996. Currently, the two live on disability payments; in 1997, a judge determined that Kilpatrick suffered from an “anxiety-related disorder” related to her involvement with the BATF assault on the Waco compound; McMahon was found to be unable to relate to fellow coworkers or cope with the pressures of employment. McMahon blames his jobless status on Waco, saying: “I have no problem getting a job or working. After I’ve been there awhile people find out more of what I am. Once they find out about Waco, I’m branded. I shouldn’t have to carry around this baggage to explain myself to people.” As for their insistence on government compensation: “We are due some compensation from the government. That’s the bottom line,” McMahon says. “They owe us.” [St. Louis Post-Dispatch, 1/29/2000]

Entity Tags: Henry S. McMahon, David Koresh, Branch Davidians, Duke McCaa, Davy Aguilera, US Department of Justice, Jimmy Ray Skinner, Karen Kilpatrick, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jeff Roehm, National Rifle Association

Timeline Tags: 1993 Branch Davidian Crisis

Livingstone Fagan.Livingstone Fagan. [Source: Carol Moore (.net)]Livingstone Fagan, one of the 11 Branch Davidians convicted of crimes related to the February 1993 shootout with federal agents near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993), admits to firing at two of the four Bureau of Alcohol, Tobacco and Firearms (BATF) agents killed during the battle. He is the first Davidian to admit firing on BATF agents during the raid. Fagan says in a deposition that he fired at the two agents from the roof of the Davidian compound. The deposition is part of a wrongful death lawsuit brought by a number of Davidians against the federal government (see April 1995). In 1994, Fagan was convicted of manslaughter and a weapons charge, and given a 40-year prison sentence. He chose not to appeal his sentence based on what he says are religious reasons. He is serving his time at a federal prison in Pennsylvania. Fagan is a party to the lawsuit because his mother and wife died in the April 1993 assault on the compound (see April 19, 1993). During the trial, Fagan was identified by BATF agent Eric Evers, who was wounded in the February 1993 raid, as one of the Davidians who shot him. Fagan denies shooting at Evers, but says he did shoot at two other BATF agents. In a statement to attorney Marie Hagen, Fagan claimed he shot in self-defense, saying, “Your government murdered people who were very dear to me.” In the following exchange, which is part of Fagan’s deposition, he admits to shooting at the agents:
bullet Hagen: “Did you shoot at them?”
bullet Fagan: “Well, they fired at me.”
bullet Hagen: “OK. But did you shoot at them?”
bullet Fagan: “And so I responded.”
bullet Hagen: “Did you hit any of them?”
bullet Fagan: “I don’t know specifically, because I assume that there were others, too, that were firing then.”
Fagan says he watched one wounded BATF agent, Kenneth King, crawl from the rooftop, drop to the ground, and writhe in pain until he was rescued by fellow agents. A fellow Davidian who survived the April 1993 conflagration, David Thibodeau (see September 9, 1999), had written that Fagan “was kneeling in prayer in the chapel while the bullets were flying.” And Clive Doyle, a survivor who was acquitted in the same trial that convicted Fagan, has said he didn’t think Fagan fired during the raid. Fagan’s lawyer Kirk Lyons tries to downplay Fagan’s admission, saying: “This is a guy that’s been in solitary confinement for a long time, and he’s had nobody of his own mental abilities that he can talk to. He’s a little stir-crazy.” [San Antonio Express-News, 2/23/2000]

Entity Tags: David Thibodeau, Branch Davidians, Clive J. Doyle, Eric Evers, Kenneth King, Marie Hagen, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Kirk Lyons, Livingstone Fagan

Timeline Tags: 1993 Branch Davidian Crisis

President Clinton considers building a radar facility as part of a proposed national missile defense system. Clinton’s legal advisers have told him that he could “interpret” the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972) to allow such a facility, even though the treaty clearly prohibits any moves towards a missile defense system. Clinton later authorizes the construction of a radar facility in Alaska, but leaves the bulk of the decision-making to the next administration. [Agence France-Presse, 6/21/2000; Savage, 2007, pp. 67] Clinton’s successor, George W. Bush, will withdraw from the treaty entirely (see December 13, 2001).

Entity Tags: George W. Bush, William Jefferson (“Bill”) Clinton

Timeline Tags: US International Relations

The Supreme Court unanimously overturns the lengthy prison sentences given to five Branch Davidians for using machine guns during a February 1993 shootout with federal agents (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and January-February 1994). Writing for the Court, Justice Stephen Breyer says a Texas federal judge should not have used a federal firearm law to increase the convicted Davidians’ sentences, but instead let the jury make that decision. The ruling sends the case back to the judge for a new sentencing. [Reuters, 6/5/2000] A judge will reduce the 40-year sentences to 15 years. [Associated Press, 4/19/2006]

Entity Tags: US Supreme Court, Branch Davidians, Stephen Breyer

Timeline Tags: 1993 Branch Davidian Crisis

Testimony begins in the civil suit filed by the survivors of the Branch Davidian conflagration outside Waco, Texas (see April 19, 1993), and the family members of those killed in the fire. The plaintiffs claim the government is responsible for the wrongful death of some 80 Davidians (see April 1995). The lead attorney for the plaintiffs, Michael Caddell, shows pictures of 15 children who died in the fire, and tells the jury that each of the children “never owned a gun. Never broke the law. Never hurt anyone.” For his part, US Attorney Michael Bradford, heading the government defense team, calls the Mt. Carmel compound of the Davidians an “armed encampment,” and says the Davidians ambushed agents of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF) when those agents presented search and arrest warrants to the residents (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993). Bradford tells the jury that Davidian leader David Koresh is responsible for the fire, not the FBI agents who assaulted the compound with tear gas and assault vehicles (see Late September - October 1993, August 2, 1996, and July 21, 2000). “The responsibility for those tragic events should not be placed upon the shoulders of the brave men and women of the ATF and the FBI,” Bradford says. “The responsibility for what happened at Mount Carmel is on David Koresh and the Branch Davidians. They caused this dangerous situation to occur, and they brought it to a tragic end.” The first to testify are three survivors of the conflagration, marking the first time any survivors have testified in the five-year legal proceedings. The survivors say that government reports of the Davidians being “armed to the teeth” are wrong, and depict the community as a happy, peaceful group. “There were people from all over the world: different personalities, different families, different interests, different likes and dislikes. We were all there for one purpose, and that was the Bible studies,” says Rita Riddle, who lost her brother Jimmy Riddle in the final fire. “David [Koresh] was my teacher.” Jaunessa Wendel, one of the children who left the compound before the fire, says: “It was our home. It was like an apartment building, a community center.” She testifies about bullets smashing through a window during the initial BATF raid, coming perilously close to striking her three younger siblings. “There was glass in my brother’s crib,” she recalls. Wendel’s mother, Jaydean Wendel, died in the shootout. Her father, Mark Wendel, died in the final fire. The three say they never learned to use guns from Koresh and other Davidians, disputing government testimony to the contrary, but admit that Koresh took other men’s wives as his own and fathered many of the community’s children (see February 27 - March 3, 1993). The government lawyers note that Wendel and another adult survivor previously told authorities that, contrary to their testimony today, they saw Riddle carrying or shooting a gun during the BATF raid, a contention that Riddle denies. Wendel says she lied during that testimony for fear that her family “might be split up” by the authorities if she did not tell them what she believed they wanted to hear. Government lawyers repeat earlier testimony from Wendel saying that she saw her mother fire on BATF agents. “You just made all that up?” Bradford asks. [Dallas Morning News, 6/6/2000]

Entity Tags: Mark Wendel, David Koresh, Branch Davidians, Jaunessa Wendel, Jimmy Riddle, Michael Caddell, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Michael Bradford, Jaydean Wendel, Rita Riddle

Timeline Tags: 1993 Branch Davidian Crisis

Media investigations show that the February 1993 raid on the Branch Davidian compound near Waco, Texas, that resulted in the deaths of four BATF (Bureau of Alcohol, Tobacco and Firearms) agents and six Davidians (see 5:00 A.M. - 9:30 A.M. February 28, 1993) lost the element of surprise when a local sheriff’s department official tipped off the Davidians. The BATF has blamed television cameraman Jim Peeler of Waco’s KWTX-TV for alerting a local mailman, David Jones, to the upcoming raid. Jones, a relative of Davidian leader David Koresh, alerted Koresh to the imminent raid. However, Peeler was told of the raid by Cal Luedke, a longtime member of the McLennan County Sheriff’s Office. Luedke was part of the BATF’s raid preparation and support team. Luedke denies the allegation, but a KWTX cameraman who filmed part of the raid, Dan Mulloney, says station officials learned of Luedke’s role from local reporter Tommy Witherspoon, who learned of the incident from Luedke himself. “Tommy told me it was Cal. No doubt about it,” Mulloney says. “I knew if Tommy said something was true, it was. I could trust him 100 percent. And he told me that Cal had told him the raid had been moved up to Sunday.” Witherspoon denies telling Mulloney the identity of his source, and says Mulloney learned of Luedke’s involvement from another source, whom Mulloney identifies as his girlfriend, who worked for the Waco ambulance company that was on alert the morning of the raid. State and federal authorities, including the BATF and the Texas Rangers, have confirmed Luedke’s involvement in alerting the Davidians, and say that Luedke has admitted to tipping off the Davidians to the raid. However, when asked by reporters in March about the story, he denied any involvement. He has also denied his involvement in a deposition given on behalf of a lawsuit filed by a group of current and former BATF agents against KWTX, a local newspaper, and the ambulance company, which charged that the three were responsible for tipping off the Davidians. The case was settled out of court. Peeler and Mulloney say their reputations have been irreparably damaged by years of accusations that they were partly responsible for the 10 deaths at the Davidian compound. [Austin Chronicle, 6/23/2000]

Entity Tags: US Bureau of Alcohol, Tobacco, Firearms and Explosives, Tommy Witherspoon, McLennan County Sheriff’s Department (Texas ), Dan Mulloney, Cal Luedke, Branch Davidians, David Jones (Waco), David Koresh, Jim Peeler, KWTX-TV, Texas Rangers

Timeline Tags: 1993 Branch Davidian Crisis

An advisory jury of five panelists in Waco, Texas, rules that law enforcement agents did not start the gun battle that began the Waco standoff between law enforcement officials and the Branch Davidians (see April 19, 1993), and decides that the federal government owes nothing to the Davidians who survived the conflagration. The panel takes just over an hour to decide that the government has no liability in the BATF raid (see 5:00 A.M. - 9:30 A.M. February 28, 1993), standoff, FBI assault, and culminating fire. The presiding judge, Walter Smith, will issue a final verdict next month after an expert testifies as to the possibility that the FBI fired into the compound during the siege, actions the FBI and Justice Department have long denied (see June 12, 2000). The civil suit had asked for $675 million in damages for the government’s allegedly causing the “wrongful deaths” of the Davidians. Waco music shop owner Bill Buzze says he and his fellow residents are ready for the publicity and the notoriety surrounding the Davidians to come to an end. “We really want it all to just go away,” he says. “It’s gone on too long, cost too much money, and hurt too many people.” Buzze’s employee Inez Bederka is not sure that people will forget so quickly. “I think it will always be on Waco, the stigma,” she says. “People are still putting Waco down real hard these days. The outside world just won’t treat you fair after a thing like that.… [I]t’s a shame that something bad like that had to happen before people heard about Waco.” Buzze says that many people have an unwarranted fascination and even fear of Waco and the surrounding area. “The Chamber of Commerce has a tough job now,” Buzze says. “They have to reassure people that we’re not going to shoot them if they come down to visit.” Chamber of Commerce president Jack Stewart is quick to point out that the Branch Davidians did not live in Waco proper, but in Elk, a small township on the outskirts of Waco. [Waco Journal, 7/18/2000; Southern Poverty Law Center, 6/2001]

Entity Tags: Jack Stewart, Bill Buzze, Branch Davidians, Inez Bederka, US Department of Justice, Federal Bureau of Investigation, Walter Smith, US Bureau of Alcohol, Tobacco, Firearms and Explosives

Timeline Tags: 1993 Branch Davidian Crisis

An investigative commission headed by former Senator John C. Danforth (R-MO) finds no wrongdoing on the parts of the FBI, the Bureau of Alcohol, Tobacco and Firearms (BATF), or the Justice Department in their actions during the Waco standoff between law enforcement officials and the Branch Davidians (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993). Attorney General Janet Reno appointed the commission after documents surfaced in 1999 that indicated an FBI agent fired pyrotechnic gas canisters near the Branch Davidian compound during the raid, possibily contributing to the fire that destroyed the compound and killed many sect members (see August 25, 1999 and After). Danforth’s investigation also finds that, despite the documents, no government agency or individual contributed to any alleged cover-up, and emphatically clears Reno of any responsibility for the calamity. Danforth does find that a single FBI agent fired three flammable gas canisters into a concrete pit some 75 feet from the compound itself, as previously acknowledged. His report concludes that the FBI most likely mishandled that information, though the possibility exists of some sort of deliberate cover-up or falsification of evidence. Danforth’s report also notes that he had encountered “substantial resistance” to his probe from Justice Department officials, in some cases resulting in a “tug of war” over requested evidence that required intervention by Reno’s top deputy. [PBS Frontline, 10/1995; Dallas Morning News, 7/28/2000] Asked whether she feels vindicated by the report, Reno says: “One doesn’t think in terms of exoneration when you look at something like that. That was a terrible tragedy. And what I have always said was we have got to look to the future to see what we can do, what we can learn about human behavior to avoid tragedies like that.” The final report sums up 10 months of investigation, interviews, and evidence assessment; the investigation cost $12 million. [Dallas Morning News, 7/28/2000]

Entity Tags: John C. Danforth, Federal Bureau of Investigation, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Branch Davidians, US Department of Justice, Janet Reno

Timeline Tags: 1993 Branch Davidian Crisis

Texas Governor George W. Bush, the Republican candidate for president, accepts his party’s nomination for president during the Republican National Convention in Philadelphia. During his speech, he declares his intent to move the United States away from observing “outdated” treaties such as the 1972 Anti-Ballistic Missile Treaty with Russia (see May 26, 1972). “Now is the time,” he says, “not to defend outdated treaties, but to defend the American people.” Less than a year after taking office, Bush will unilaterally withdraw the US from the treaty (see December 13, 2001). [Savage, 2007, pp. 140]

Entity Tags: George W. Bush

Timeline Tags: US International Relations

People involved in the 2000 PNAC report (from top left): Vice
President Cheney, Florida Governor Jeb Bush, Defense Secretary Rumsfeld,
Deputy Defense Secretary Paul Wolfowitz, Cheney Chief of Staff I. Lewis
Libby, Undersecretary of State John Bolton, Undersecretary of Defense Dov
Zakheim, and author Eliot Cohen.
People involved in the 2000 PNAC report (from top left): Vice President Cheney, Florida Governor Jeb Bush, Defense Secretary Rumsfeld, Deputy Defense Secretary Paul Wolfowitz, Cheney Chief of Staff I. Lewis Libby, Undersecretary of State John Bolton, Undersecretary of Defense Dov Zakheim, and author Eliot Cohen. [Source: Public domain]The neoconservative think tank Project for the New American Century writes a “blueprint” for the “creation of a ‘global Pax Americana’” (see June 3, 1997). The document, titled Rebuilding America’s Defenses: Strategies, Forces and Resources for a New Century, was written for the George W. Bush team even before the 2000 presidential election. It was written for future Vice President Cheney, future Defense Secretary Rumsfeld, future Deputy Defense Secretary Paul Wolfowitz, Florida Governor and Bush’s brother Jeb Bush, and Cheney’s future chief of staff Lewis Libby. [Project for the New American Century, 9/2000, pp. iv and 51 pdf file]
Plans to Overthrow Iraqi Government - The report calls itself a “blueprint for maintaining global US preeminence, precluding the rise of a great power rival, and shaping the international security order in line with American principles and interests.” The plan shows that the Bush team intends to take military control of Persian Gulf oil whether or not Saddam Hussein was in power and should retain control of the region even if there is no threat. It says: “The United States has for decades sought to play a more permanent role in Gulf regional security. While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein.” The report calls for the control of space through a new “US Space Forces,” the political control of the internet, the subversion of any growth in political power of even close allies, and advocates “regime change” in China, North Korea, Libya, Syria, Iran and other countries. It also mentions that “advanced forms of biological warfare that can ‘target’ specific genotypes may transform biological warfare from the realm of terror to a politically useful tool” (see February 7, 2003). [Project for the New American Century, 9/2000 pdf file; Sunday Herald (Glasgow), 9/7/2002]
Greater Need for US Role in Persian Gulf - PNAC states further: “The United States has for decades sought to play a more permanent role in Gulf regional security. While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein.”
'US Space Forces,' Control of Internet, Subversion of Allies - PNAC calls for the control of space through a new “US Space Forces,” the political control of the Internet, and the subversion of any growth in political power of even close allies, and advocates “regime change” in China, North Korea, Libya, Syria, Iran, and other countries.
Bioweapons Targeting Specific Genotypes 'Useful' - It also mentions that “advanced forms of biological warfare that can ‘target” specific genotypes may transform biological warfare from the realm of terror to a politically useful tool.”
'A New Pearl Harbor' - However, PNAC complains that thes changes are likely to take a long time, “absent some catastrophic and catalyzing event—like a new Pearl Harbor.” [Los Angeles Times, 1/12/2003]
Bush Will Claim a 'Humble' Foreign Policy Stance - One month later during a presidential debate with Al Gore, Bush will assert that he wants a “humble” foreign policy in the Middle East and says he is against toppling Saddam Hussein in Iraq because it smacks of “nation building” (see October 11, 2000). Around the same time, Cheney will similarly defend Bush’s position of maintaining President Clinton’s policy not to attack Iraq, asserting that the US should not act as though “we were an imperialist power, willy-nilly moving into capitals in that part of the world, taking down governments.” [Washington Post, 1/12/2002] Author Craig Unger will later comment, “Only a few people who had read the papers put forth by the Project for a New American Century might have guessed a far more radical policy had been developed.” [Salon, 3/15/2004] A British member of Parliament will later say of the PNAC report, “This is a blueprint for US world domination—a new world order of their making. These are the thought processes of fantasist Americans who want to control the world.” [Sunday Herald (Glasgow), 9/7/2002] Both PNAC and its strategy plan for Bush are almost virtually ignored by the media until a few weeks before the start of the Iraq war (see February-March 20, 2003).

The Bush team moves into Washington. Neoconservative Zalmay Khalilzad heads the Pentagon transition team, and he ensures that plenty of his friends and colleagues move into the civilian offices of the Defense Department. Four of the most influential advocates for the US overthrow of Iraq’s Saddam Hussein—Elliott Abrams, Douglas Feith, Richard Perle, and Abram Shulsky—are waiting to learn where they will serve in the department. But Vice President Cheney is still concerned with ensuring the placement of his own colleagues and cronies who will help him build what many will call the “imperial presidency.” Secretary of State Colin Powell, Cheney’s ideological rival, is working to install his friend and colleague Richard Armitage as deputy secretary of defense. For Cheney, Armitage would be a calamity—although Armitage is sufficiently hardline and in line with conservative foreign policy aims, he is far too centrist for Cheney and the neoconservatives. The neoconservative magazine the Weekly Standard alerts the faithful to the potential problem with an article entitled “The Long Arm of Colin Powell: Will the Next Secretary of State Also Run the Pentagon?” Powell does not get his wish; Armitage eventually becomes deputy secretary of state. Abrams will join the National Security Council; Khalilzad, Feith, and Shulksy will join the Defense Department; and Perle will head the Defense Policy Board, an independent group that advises the Pentagon. [Weekly Standard, 12/25/2000 pdf file; Unger, 2007, pp. 115, 191-192, 204, 249]

Entity Tags: Elliott Abrams, Colin Powell, Bush administration (43), Abram Shulsky, Douglas Feith, Richard (“Dick”) Cheney, Richard Armitage, US Department of Defense, Richard Perle, Weekly Standard, Zalmay M. Khalilzad, Saddam Hussein

Timeline Tags: Neoconservative Influence

Future 9/11 Commission Executive Director Philip Zelikow is not offered a job in the Bush administration, and returns to the Miller Center of Public Affairs at the University of Virginia to teach. Zelikow had worked on the transition team (see January 3, 2001), and thought he would receive an important position in the new administration. He told his friends he thought he was in line for the position of deputy national security adviser to Condoleezza Rice, with whom he had written a book in the mid-1990s (see 1995). Most people in the Bush administration admire his ability, but find him hard to work with. White House Chief of Staff Andrew Card will even describe Zelikow as a “bully” historian. Author Philip Shenon will later comment that Zelikow is “perplexed that his talents had not been recognized by the people who handed out the best jobs in the Bush administration.” After returning to university, Zelikow will lobby the White House to make the university where he works the official repository of its oral history. His point of contact at the White House is political adviser Karl Rove. [Shenon, 2008, pp. 42-44]

Entity Tags: Andrew Card, Karl C. Rove, Philip Shenon, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Condoleezza Rice and Philip Zelikow.Condoleezza Rice and Philip Zelikow. [Source: Public domain]National Security Adviser Rice decides this day to retain Richard Clarke, counterterrorism “tsar” for the Clinton administration, and his staff. However, she downgrades his official position as National Coordinator for Counterterrorism. While he is still known as the counterterrorism “tsar,” he has less power and now reports to deputy secretaries instead of attending Cabinet-level meetings. He no longer is able to send memos directly to the president, or easily interact with Cabinet-level officials. [Clarke, 2004, pp. 227-30; Guardian, 3/25/2004] Clarke will not be able to meet with President Bush even a single time before 9/11 to discuss al-Qaeda (see January 25, 2001-September 10, 2001). In 2004, Rice will reveal that the person she tasks with considering changes to Clarke and his staff is Philip Zelikow, the future Executive Director of the 9/11 Commission. Zelikow recuses himself from those parts of the 9/11 Commission’s investigation directly relating to his role in this and other matters. However, 9/11 victims’ relatives are not satisfied. For instance, one relative says, “Zelikow has conflicts. I’m not sure that his recusal is sufficient. His fingerprints are all over that decision [to demote Clarke].” [United Press International, 4/9/2004]

Entity Tags: Philip Zelikow, Richard A. Clarke, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Deputy National Security Advisor Stephen Hadley (R) and Deputy Secretary of Defense Paul Wolfowitz (L) speak to reporters in Moscow after taking part in negotiations with Russia regarding an anti-ballistic missile shield on May 11, 2001.Deputy National Security Advisor Stephen Hadley (R) and Deputy Secretary of Defense Paul Wolfowitz (L) speak to reporters in Moscow after taking part in negotiations with Russia regarding an anti-ballistic missile shield on May 11, 2001. [Source: Yuri Kochetkov/ Corbis]While still campaigning to become president, George W. Bush frequently argued the US should build an anti-ballistic missile shield (see October 12, 2000). After Bush is made president, the development of such a shield and getting out of the Anti-Ballistic Missile (ABM) Treaty the US has signed that would prevent such a shield, becomes the top US security priority (see May 26, 1972 and December 13, 2001). Senior officials and cabinet members make it their top agenda item in meetings with European allies, Russia, and China. Five Cabinet-level officials, including Condoleezza Rice, travel to Moscow to persuade Russia to abandon the ABM Treaty. Undersecretary of Defense Douglas Feith is there on September 10 to make the same case. [San Francisco Chronicle, 9/5/2004]
Ballistic Missiles 'Today's Most Urgent Threat' - In a major speech given on May 1, 2001, Bush calls the possible possession of missiles by rogue states “today’s most urgent threat.” [New York Times, 5/2/2001] In a June 2001 meeting with European heads of state, Bush names missile defense as his top defense priority and terrorism is not mentioned at all (see June 13, 2001). It will later be reported that Rice was scheduled to give a major speech on 9/11, in which, according to the Washington Post, she planned “to promote missile defense as the cornerstone of a new national security strategy, and [made] no mention of al-Qaeda, Osama bin Laden, or Islamic extremist groups.” However, the speech will be cancelled due to the 9/11 attacks (see September 11, 2001). [Washington Post, 4/1/2004]
Criticism and Controversy - Bush’s missile shield stance is highly controversial. For instance, in July 2001 a Guardian article is titled, “US Defies Global Fury Over Missile Shield.” [New York Times, 5/2/2001] Domestic critics suggest the missile shield could start a new arms race and cost over $500 billion. [Reuters, 5/3/2001]
Diverting Attention from Terrorism - Some argue that Bush’s missile focus is diverting attention from terrorism. For instance, Sen. Carl Levin (D-MI) tells Defense Secretary Donald Rumsfeld at a June 2001 hearing that the US is spending too much money on missile defense and not “putting enough emphasis on countering the most likely threats to our national security… like terrorist attacks.” [San Francisco Chronicle, 9/5/2004] On September 5, 2001, New York Times columnist Maureen Dowd writes: “And why can George W. Bush think of nothing but a missile shield? Our president is caught in the grip of an obsession worthy of literature” and notes that “sophisticated antimissile interceptors can’t stop primitive, wobbly missiles from rogue nations, much less germ warfare from terrorists.” [New York Times, 9/5/2001] On September 10, 2001, Sen. Joseph Biden (D-DE) warns that if the US spends billions on missile defense, “we will have diverted all that money to address the least likely threat, while the real threats come into this country in the hold of ship, or the belly of a plane.” In 2004, a San Francisco Chronicle editorial will suggest that if the Bush administration had focused less on the missile shield and had “devoted more attention, more focus and more resources to the terrorist threat, the events of Sept. 11 might have been prevented.” [San Francisco Chronicle, 9/5/2004]

Entity Tags: Osama bin Laden, George W. Bush, Russia, Douglas Feith, Condoleezza Rice, China, Al-Qaeda, Carl Levin, Donald Rumsfeld, Joseph Biden

Timeline Tags: Complete 911 Timeline

Shortly after George W. Bush is inaugurated, “[k]ey personnel, long-time civilian professionals” at the Pentagon’s Near East South Asia (NESA) desk are moved or replaced with people from neoconservative think tanks. [American Conservative, 12/1/2003; Mother Jones, 1/2004] Joe McMillan, the Office Director, is moved to a new location outside of the Pentagon, which according to Karen Kwiatkowski, who works at the NESA desk, is odd because “the whole reason for the Office Director being a permanent civilian (occasionally military) professional is to help bring the new appointee up to speed, ensure office continuity, and act as a resource relating to regional histories and policies.” [American Conservative, 12/1/2003; Mother Jones, 1/2004; Salon, 3/10/2004] Larry Hanauer, who has long been at the Israel-Syria-Lebanon desk and who is known to be “even-handed with Israel,” is replaced by David Schenker of the Washington Institute. [American Conservative, 12/1/2003; Mother Jones, 1/2004] Other veteran NESA employees who are banished include James Russell, who has served as the country director for Saudi Arabia, Kuwait and the United Arab Emirates, and Marybeth McDevitt, the country director for Egypt. [Mother Jones, 1/2004]

Entity Tags: Marybeth McDevitt, David Schenker, Larry Hanauer, James Russell, Karen Kwiatkowski, Joe McMillan

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Counterterrorism “tsar” Richard Clarke submits a comprehensive plan to deal with al-Qaeda within days of President Bush’s inauguration (see January 25, 2001). He wants to meet with Bush directly to discuss it with him, but he is unable to do so before 9/11. Clarke will later recall, “I asked for a meeting with the president several times beginning, in fact, before [National Security Adviser] Rice even took office in the transition briefing. I said I have given this briefing to the vice president, I’ve given it to the secretary of state, I’ve given it now to you, I would like to give it to the president. And what I was told was I could brief the president on terrorism after the policy development process had been completed.” He does have one meeting with Bush before 9/11, but only to discuss cyber security because Clarke is planning to quit his current job to focus on that issue instead (see June 2001). When asked why he didn’t bring up al-Qaeda at that meeting, Clarke will reply, “Because I had been told by Dr. Rice and her deputy that this was a briefing on countering the cyber threats and not on al-Qaeda and that I would have my opportunity on al-Qaeda if I just held on, eventually they would get to it, probably in September.” [ABC News, 4/8/2004] The Bush administration had downgraded Clarke’s position in early January 2001 and he was no longer able to send memos directly to the president as he could during the Clinton administration (see January 3, 2001).

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The National Security Agency seeks the assistance of global telecommunications corporation AT&T to help it set up a domestic call monitoring site to eavesdrop on US citizens’ phone communications, according to court papers filed in June 2006 as part of a lawsuit against AT&T (see October 2001). The NSA is expressly forbidden from spying on US citizens within US borders unless authorized by the Foreign Surveillance Intelligence Court (FISC) (see 1978). When the NSA program, which wiretaps phone and email communications often without court warrants, becomes public knowledge well over four years later (see December 15, 2005), President Bush, NSA Director Michael Hayden, and other White House and government officials will assert that the program was set up in response to the September 11, 2001 terrorist attacks. If the claims made in the lawsuit are accurate, these assertions are provably false. “The Bush administration asserted this became necessary after 9/11,” lawyer Carl Mayer will claim in 2006. “This undermines that assertion.” Unbeknownst to most Americans, the NSA is operating a secret “data mining” operation that, by 2006, will have compiled phone records and contact information on millions of domestic phone and email communications. The NSA project is code-named “Project Groundbreaker,” and is ostensibly an above-board attempt announced in June 2000 to have AT&T and other firms help modernize its technological capabilities. The project originally seeks to have AT&T build a network operations center that duplicates AT&T’s facility in Bedminster, New Jersey; this plan will be altered when the NSA decides it will be better served by acquiring the monitoring technology itself. The agency is seeking bids for a project to “modernize and improve its information technology infrastructure,” including the privatization of its “non-mission related” systems support. [TechWeb, 6/13/2000; Bloomberg, 6/30/2006] Groundbreaker’s privatization project is expected to provide up to $5 billion in government contracts to various private firms such as AT&T, Computer Sciences Corporation, and OAO Corporation, [Computerworld, 12/4/2000; Government Executive, 9/1/2001] and up to 750 NSA employees will become private contractors. Hayden, who has aggressively instituted a corporate management protocol to enhance productivity and has brought in numerous senior managers and agency executives from private defense firms, is a strong proponent of privatizing and outsourcing much of the NSA’s technological operations, and in 2001 will say that he wants the agency to focus on its primary task of breaking codes and conducting surveillance. Hayden does not admit that Groundbreaker is part of a larger NSA domestic surveillance program, [Government Executive, 9/1/2001] and publicly, NSA officials say that the project is limited to administrative and logistics functions. [Computerworld, 12/4/2000] The covert data mining portion of the project is code-named “Pioneer.” A former, unnamed employee of the NSA, [Bloomberg, 6/30/2006] and a former AT&T technician, Mark Klein, will provide the key information about Groundbreaker (see Late 2002, July 7, 2009 and December 15-31, 2005). Klein will say in 2006 that he saw the NSA construct a clandestine area within its switching center in San Francisco, and saw NSA technicians shunt fiber optic cable carrying Internet traffic into that area, which contains a large data bank and secret data mining hardware (see April 6, 2006). Klein will say he knew that the NSA built other such facilities in other switching locations. He will go on to say that the NSA did not work with just AT&T traffic; when AT&T’s network connected with other networks, the agency acquired access to that traffic as well. [Democracy Now!, 5/12/2006] The information about AT&T and the NSA will become public knowledge after the 2006 filing of a lawsuit against AT&T and other telecommunications firms (see May 12, 2006 and June 26, 2006).

Entity Tags: Mark Klein, Michael Hayden, George W. Bush, Foreign Intelligence Surveillance Court, Bush administration (43), Carl Mayer, Computer Sciences Corporation, AT&T, National Security Agency, OAO Corporation

Timeline Tags: Civil Liberties

Joseph Nacchio.Joseph Nacchio. [Source: publicity photo via Business Week]Qwest CEO Joe Nacchio meets with NSA officials in Fort Meade, Maryland, to discuss two topics of mutual interest: a $100 million infrastructure upgrade that Qwest, one of the US’s largest telecommunications firms, can perform for the agency, and another topic that remains classified. (The meeting will be revealed in heavily redacted court documents released six years later—see October 12, 2007). Observers believe the discussion is about the NSA’s warrantless wiretapping program of US citizens, which the government will conceal for years (see December 15, 2005), and which the Bush administration will insist did not come about until after the 9/11 attacks (see December 17, 2005). Nacchio meets with NSA officials to discuss the agency’s “Groundbreaker” project (see February 2001), which the NSA will later claim is merely a modernization and upgrade of its technological infrastructure. A June 2006 lawsuit against AT&T over that firm’s cooperation with the NSA alleges that “Groundbreaker” is part of a secret domestic surveillance operation. According to the court documents, Nacchio and the NSA are unable to agree on an unrevealed topic of discussion; after that disagreement, the NSA will withdraw its “Groundbreaker” contract from consideration for Qwest. Nacchio, according to the documents, believes that the unrevealed topic of discussion involves illegal and inappropriate actions. He asks the agency officials whether “a warrant or other legal process had been secured.” The NSA officials, according to the documents, have a “disinclination on the part of the authorities to use any legal process,” leading Nacchio to conclude that “the requests violated the privacy requirements of the Telecommunications Act.” When Nacchio refuses to cooperate with the NSA, the agency withdraws its offer of the “Groundbreaker” contract. [Raw Story, 10/12/2007; Marketwatch, 10/13/2007] James F.X. Payne, the former chief of Qwest’s government business unit, will later tell investigators, “There was a feeling also that the NSA acted as agents for other government agencies.” [National Journal, 11/2/2007] In 2007, the New York Times will reveal that Qwest refuses to give the NSA access to its most localized communications switches, carrying largely domestic phone calls. The arrangement would have permitted neighborhood-by-neighborhood surveillance of phone traffic without a court order. [New York Times, 12/16/2007] The NSA has more success with other companies—and has enjoyed a long and fruitful relationship with Qwest as well (see February 2001).

Entity Tags: Qwest, New York Times, James F.X. Payne, Bush administration (43), AT&T, Joe Nacchio, National Security Agency

Timeline Tags: Civil Liberties

The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Defense Intelligence Agency, George W. Bush, Donald Rumsfeld, US Department of Defense, National Security Agency, US Department of State

Timeline Tags: Civil Liberties

Neoconservative journalist Lawrence Kaplan argues that the US must withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972) and immediately begin development of a new missile defense system (see March 23, 1983 and January 29, 1991). “[M]issile defense is about preserving America’s ability to wield power abroad,” Kaplan writes. “It’s not about defense. It’s about offense. And that’s exactly why we need it.” [Scoblic, 2008, pp. 176]

Entity Tags: Lawrence F. Kaplan

Timeline Tags: US International Relations, Neoconservative Influence

Esquire Magazine publishes a number of letters written by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to Phil Bacharach, a former reporter for the Oklahoma Gazette. Most of the material in the letters is trivial, with McVeigh joking about his favorite television shows and complaining about conditions in his cell, but at least one letter touches on his anger about the children who died in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). Nowhere in the letters does he discuss the bombing that killed 168 people, including 19 children. Bacharach, who now works as press secretary for Governor Frank Keating (R-OK), corresponded with McVeigh for two years before joining Keating’s staff, when the letter exchanges were terminated. Bacharach says that anyone looking for answers regarding the bombing will not find them in the letters. “It is beyond me to reconcile the Timothy McVeigh who murdered 168 people with the writer of these letters,” he writes. “True, this correspondence offers only a small window through which to look. I do know one thing: In the written word, at least, he has not a whisper of conscience.” The letters were written while McVeigh was incarcerated at a “supermax” penitentiary in Florence, Colorado; he now awaits execution in a federal prison in Indiana. According to the letters, McVeigh is fond of The Simpsons, King of the Hill, and Star Trek, and was not happy when he was moved from the cell he kept spotlessly clean to a cell “brutally thrashed by a pig inmate,” a leader of the Latin Kings street gang. He mocks Oklahoma County District Attorney Bob Macy, who had promised to try McVeigh on 160 state counts of murder, calling him “Bozo” and “a punk.” He calls the FBI “wizards at propaganda” who manipulated the facts of the Branch Davidian tragedy. A letter from November 26, 1996 sheds some light on McVeigh’s feelings about the Davidian tragedy, and may help explain his rationale for the bombing. In that letter, he wrote: “The public never saw the Davidians’ home video of their cute babies, adorable children, loving mothers, or protective fathers. Nor did they see pictures of the charred remains of children’s bodies. Therefore, they didn’t care when these families died a slow, tortuous death at the hands of the FBI.” Bacharach says it was an unwritten rule between them that they not discuss the bombing. Bacharach says in the letter exchange, he hoped to understand “what made a person who didn’t seem like evil-incarnate commit that evil act.” That never happened, he writes. “It is this fact—that he was not dead behind the eyes, a sheer lunatic—that troubles me the most. He didn’t have the right to be normal, glib, and pleasant, I thought. He owed the dead of Oklahoma City the decency of at least showing his evil.” [Associated Press, 3/27/2001]

Entity Tags: Timothy James McVeigh, Phil Bacharach, Robert (“Bob”) Macy

Timeline Tags: US Domestic Terrorism

The people who died in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), even the children and babies, were merely “collateral damage,” according to Timothy McVeigh, who is awaiting execution for his role in the bombing (see June 2, 1997 and June 11-13, 1997). McVeigh admitted to his participation in the bombing to two Buffalo News reporters, Lou Michel and Dan Herbeck, who wrote the book American Terrorist: Timothy McVeigh and the Oklahoma City Bombing. The book is due to be published within days. “I understand what they felt in Oklahoma City,” McVeigh told the authors. “I have no sympathy for them.” The authors quote McVeigh as saying: “I recognized beforehand that someone might be bringing their kid to work. However, if I had known there was an entire day care center, it might have given me pause to switch targets. That’s a large amount of collateral damage.” CNN reported that according to Danny Defenbaugh, the FBI’s lead investigator in the case, there was no doubt that McVeigh knew there would be children among his victims (see March 28, 2001). In an ABC News interview, the authors say that McVeigh “never expressed one ounce of remorse” for his victims in their interviews with him, though they witnessed him become emotional over his remembrance of killing a gopher. According to the authors, McVeigh regrets only that the deaths of the children detracted from his message about the Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Waco (see August 31, 1992 and August 21-31, 1992) debacles. McVeigh told the authors, using a reference to the song “Dirty for Dirty” by Bad Company: “What the US government did at Waco and Ruby Ridge was dirty. I gave dirty back to them at Oklahoma City.” The authors note that McVeigh said the triggering event for him was the government’s ban on some types of assault weapons (see September 13, 1994): when that happened, McVeigh told them, “I snapped.” Dr. John Smith, a psychiatrist who evaluated McVeigh, asked McVeigh why he continued with the bombing even though he knew children were in the building. “[H]e said, ‘One, the date was too important to put off,’” Smith says, noting that the date of the bombing, April 19, was the two-year anniversary of the Branch Davidian debacle, “and he went into a tirade about all the children killed at Waco.” According to Michel and Herbeck, McVeigh told them he alone planned the bombing, and when his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998) began to show reluctance in continuing (see March 1995 and March 31 - April 12, 1995), he forced him to keep working with him by threatening his family (legal sources dispute that claim, noting that Nichols never raised the idea of coercion in his defense). McVeigh denied that anyone else took part in the bombing, quoting a line from the movie A Few Good Men: “You can’t handle the truth.” McVeigh continued, “Because the truth is, I blew up the Murrah Building, and isn’t it kind of scary that one man could wreak this kind of hell?” He also told the authors that he was disappointed the building did not come down entirely, saying: “Damn, I didn’t knock the building down. I didn’t take it down.” McVeigh told the authors he knew he would get caught and even anticipated execution as a form of “state-assisted suicide.” Yet he worried initially about snipers as he was being charged. “He was ready to die but not at that moment—he wanted to make sure that his full message got out first,” Herbeck says. [New York Times, 3/29/2001; Associated Press, 3/29/2001; Oklahoma City Journal Record, 3/29/2001; Washington Post, 3/30/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Dan Herbeck, Lou Michel, Terry Lynn Nichols, John Smith

Timeline Tags: US Domestic Terrorism

Randy Weaver, the white separatist who was at the heart of the 1992 Ruby Ridge standoff with the FBI (see August 31, 1992), says the reasons given by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) for the bombing ring hollow. A book titled American Terrorist, based on prison interviews given by McVeigh to two reporters, claims that McVeigh targeted a federal building in retaliation for the Ruby Ridge (see August 21-31, 1992) and Branch Davidian (see April 19, 1993 and April 19, 1993 and After) tragedies (see March 29, 2001). Weaver is not buying it. “McVeigh took the law into his own hands,” he tells a reporter. “He had justified it in his own mind. I don’t agree with him at all. He has more anger in him than I do, and I don’t know how that could be.” Weaver’s wife and son died by FBI gunfire during the siege. A federal marshal was also killed in the standoff. [Associated Press, 3/31/2001]

Entity Tags: Timothy James McVeigh, Randy Weaver

Timeline Tags: US Domestic Terrorism

CIA case officer Valerie Plame Wilson (see 1997), returning to duty from maternity leave and now going by her married name, is one of two officers assigned to the Iraq desk of the counterproliferation division (CPD). Plame Wilson’s job involves extensive covert operational responsibility. She supervises and coordinates NOCs (nonofficial covered officers) in several areas of the globe, helping plan and execute operations to recruit Iraqi nationals as CIA assets, focusing on graduate students, scientists, and businessmen, hoping to find information about Iraq’s secretive quest for unconventional weapons parts and technologies. Shortly after the 9/11 attacks, Plame Wilson is made the chief of operations of the Iraq branch of CPD. That branch is renamed the “Joint Task Force on Iraq,” or JTFI. [Wilson, 2007, pp. 365-366]

Entity Tags: Counterproliferation Division, Joint Task Force on Iraq, Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The White House fails to produce the documentation it says it has compiled on the so-called Clinton “vandal scandal,” the allegations that Clinton staffers looted and vandalized the White House, Air Force One, and the Eisenhower Executive Office Building next to the White House, in the last days of the Clinton administration (see January 26, 2001). As a result, the General Accounting Office (GAO) is unable to pursue an investigation of the allegations as requested by Bush officials. In January, White House press secretary Ari Fleischer told reporters that the White House was compiling a “catalogue” of damages and missing items; in recent days, Fleischer has said that no actual list was being documented, but instead White House staffers (or a single staffer, Fleischer is unclear) were keeping track of the damages “in their heads.” In a letter responding to the GAO’s March request for details about “damage that may have been deliberately caused” by the Clinton administration, Phillip Larsen, a special assistant to the president, tells GAO official Bernard Ungar: “After investigation, we have located no such record. And our repair records do not contain information that would allow someone to determine the cause of the damage that is being repaired.” [Knight Ridder, 6/4/2001]

Entity Tags: General Accounting Office, Ari Fleischer, Bush administration (43), Bernard Ungar, Phillip Larsen, Clinton administration

Timeline Tags: Domestic Propaganda

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) says that he bombed the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995) after considering a plan to assassinate Attorney General Janet Reno. McVeigh’s statement comes in a written response he gives to questions submitted by Fox News reporter Rita Cosby. McVeigh calls the bombing both a retaliatory strike and a pre-emptive one against an “increasingly militaristic and violent federal government.” Last month, McVeigh’s admission of his role in the bombing was made public by two reporters, in which he called the deaths of children in the blast “collateral damage” (see March 29, 2001). McVeigh provides the answers to the Fox reporters’ questions to make sure his motives for setting the bomb are clear. “I explain this not for publicity,” he writes. “I explain so that the record is clear as to my thinking and motivations in bombing a government installation.” He notes again that the date of April 19 was chosen to reflect the date of the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After), calling the government’s assault on the Davidian compound the equivalent of the Chinese government’s “deploying tanks against its own citizens.” McVeigh says he waited two years for the government to correct its “abuse of power,” and became angry when “they actually gave awards and bonus pay to those agents involved, and conversely, jailed the survivors of the Waco inferno after the jury wanted them set free” (see January-February 1994). McVeigh says he observed what he calls “multiple and ever-more aggressive raids across the country” by the government that constituted what he calls an unacceptable pattern of behavior. He says violent action against the government became an option for him only after protest marches, letter-writing campaigns, and media awareness “failed to correct the abuse.” His first thought was “a campaign of assassination,” including Reno, Judge Walter Smith, who handled the Branch Davidian trial, and Lon Horiuchi, the FBI agent who shot to death the wife of white separatist Randy Weaver during the Ruby Ridge siege (see August 31, 1992 and August 21-31, 1992). Assassinating Reno, McVeigh says, would “mak[e] her accept ‘full responsibility’ in deed, not just word,” for the Davidian disaster. But, he says, federal agents are merely soldiers, and he decided to strike against them at what he calls one of their command centers. The bombing, he says, was “morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations,” and therefore was acceptable for that reason. “I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government,” he writes. “Based on the observations of the policies of my own government, I viewed this action as an acceptable option.” Asked about calling the children slain in the blast “collateral damage,” McVeigh writes: “Collateral Damage? As an American news junkie; a military man; and a Gulf War Veteran, where do they think I learned that (It sure as hell wasn’t Osami [sic] Bin Laden!)” [Fox News, 4/26/2001; Associated Press, 4/27/2001; New York Times, 4/27/2001; Fox News, 4/27/2001]

Entity Tags: Rita Cosby, Janet Reno, Lon Horiuchi, Timothy James McVeigh, Walter Smith

Timeline Tags: US Domestic Terrorism

President Bush gives a speech at the National Defense University outlining what he calls a “new strategic framework” for the nation’s strategic defense policy. “This afternoon, I want us to think back some 30 years to a far different time in a far different world,” he tells his listeners. “The United States and the Soviet Union were locked in a hostile rivalry.… Our deep differences were expressed in a dangerous military confrontation that resulted in thousands of nuclear weapons pointed at each other on hair-trigger alert. Security of both the United States and the Soviet Union was based on a grim premise: that neither side would fire nuclear weapons at each other, because doing so would mean the end of both nations.” Bush is referring to the concept of “mutual assured destruction,” or MAD, which has driven the policies of the US and the former Soviet Union since the 1950s. “We even went so far as to codify this relationship in a 1972 ABM [Anti-Ballistic Missile] Treaty (see May 26, 1972), based on the doctrine that our very survival would best be insured by leaving both sides completely open and vulnerable to nuclear attack,” he says.
A Different Threat - Times have now changed: “Today, the sun comes up on a vastly different world.… Today’s Russia is not yesterday’s Soviet Union.… Yet, this is still a dangerous world, a less certain, a less predictable one. More nations have nuclear weapons and still more have nuclear aspirations. Many have chemical and biological weapons. Some already have developed… ballistic missile technology.… And a number of these countries are spreading these technologies around the world. Most troubling of all, the list of these countries includes some of the world’s least-responsible states. Unlike the Cold War, today’s most urgent threat stems not from thousands of ballistic missiles in the Soviet hands, but from a small number of missiles in the hands of these states, states for whom terror and blackmail are a way of life.” Bush cites the example of Iraq’s Saddam Hussein, who, he says, could have forced a very different outcome to the 1991 Gulf War (see January 16, 1991 and After) had he “been able to blackmail with nuclear weapons.” Hussein is an exemplar of today’s hate-driven dictators, Bush asserts: “Like Saddam Hussein, some of today’s tyrants are gripped by an implacable hatred of the United States of America. They hate our friends, they hate our values, they hate democracy and freedom and individual liberty. Many care little for the lives of their own people. In such a world, Cold War deterrence is no longer enough.”
ABM Treaty Now a Hindrance to US Security - “To maintain peace, to protect our own citizens and our own allies and friends, we must seek security based on more than the grim premise that we can destroy those who seek to destroy us,” Bush says. “Today’s world requires a new policy, a broad strategy of active non-proliferation, counter proliferation and defenses.… We need new concepts of deterrence that rely on both offensive and defensive forces. Deterrence can no longer be based solely on the threat of nuclear retaliation.… We need a new framework that allows us to build missile defenses to counter the different threats of today’s world. To do so, we must move beyond the constraints of the 30-year-old ABM Treaty. This treaty does not recognize the present, or point us to the future. It enshrines the past. No treaty that prevents us from addressing today’s threats, that prohibits us from pursuing promising technology to defend ourselves, our friends and our allies is in our interests or in the interests of world peace.… We can, and will, change the size, the composition, the character of our nuclear forces in a way that reflects the reality that the Cold War is over.” Bush is heralding his intention of withdrawing from the 1972 ABM Treaty (see December 13, 2001). Bush says of the treaty: “We should leave behind the constraints of an ABM Treaty that perpetuates a relationship based on distrust and mutual vulnerability. This Treaty ignores the fundamental breakthroughs in technology during the last 30 years. It prohibits us from exploring all options for defending against the threats that face us, our allies and other countries. That’s why we should work together to replace this Treaty with a new framework that reflects a clear and clean break from the past, and especially from the adversarial legacy of the Cold War.” [White House, 5/1/2001; CNN, 5/1/2001; Scoblic, 2008, pp. 171-172]
An Old Response to a New Threat - Author J. Peter Scoblic later calls Bush’s rationale “disingenuous.” He explains: “Conservatives had wanted to field missile defenses ever since the Soviet Union had developed ICBMs.… But somewhat paradoxically, following the collapse of the Soviet Union—and with it the likelihood of of a missile attack—conservative calls for missile defense increased” (see September 27, 1994). [Scoblic, 2008, pp. 171-172] Joseph Cirincione of the Carnegie Endowment for International Peace calls Bush’s proposal “tragically mistaken.” [PBS, 5/1/2001] Senator John Kerry (D-MA), an outspoken opponent of Bush’s foreign policies, says: “This is essentially a satisfy-your-base, political announcement. It serves no other purpose.” [New York Times, 5/1/2001]

Entity Tags: George W. Bush, J. Peter Scoblic, John Kerry, Saddam Hussein, Joseph Cirincione

Timeline Tags: US International Relations

Gore Vidal and friend.Gore Vidal and friend. [Source: Economist]Author Gore Vidal says he will attend the execution of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Vidal was offered one of three witness slots McVeigh was given for friends or family members. Vidal says he has “exchanged several letters” with McVeigh since McVeigh wrote him in 1998 about an article Vidal wrote on the Bill of Rights. Vidal says that while he does not approve of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), he and McVeigh share some views on the federal government. “He’s very intelligent,” Vidal says of McVeigh. “He’s not insane.” Vidal says he and McVeigh agree that the federal government went far beyond its limits in the FBI’s assault on the Branch Davidian compound outside of Waco, Texas, an assault that resulted in the deaths of 78 people (see April 19, 1993 and April 19, 1993 and After). “This guy’s got a case—you don’t send the FBI in to kill women and children,” Vidal says. “The boy has a sense of justice.” Vidal says he intends to write an article for Vanity Fair about the execution. [New York Times, 5/7/2001]

Entity Tags: Timothy James McVeigh, Gore Vidal

Timeline Tags: US Domestic Terrorism

New York Times reporter David Stout observes that the FBI’s admitted failure to turn over documents to convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, June 2, 1997, and May 10-11, 2001) will fuel conspiracy theories that will last for years. Attorney General John Ashcroft admitted as much when he ordered a delay in McVeigh’s scheduled execution to review the incident, saying, “If any questions or doubts remain about this case, it would cast a permanent cloud over justice.” Stout writes: “But for some people the cloud has been there all along, and always will be. They will never accept the government’s assertion that the withholding of the documents was simple human, bureaucratic error. And so the 1995 bombing of a federal office building in Oklahoma City seems likely to join the assassinations of John F. Kennedy and the Rev. Dr. Martin Luther King Jr. as events whose truth—in the eyes of some Americans—is forever untold.” Charles Key, a former Oklahoma state legislator who has recently released a statement packed with assertions of a larger conspiracy and government malfeasance surrounding the bombing (see May 4, 2001), has been particularly vocal in his scorn over the document incident, and his contention that it is just part of a larger conspiracy by the government to cover up the truth behind the bombing. McVeigh’s former lawyer Stephen Jones seems to agree with Key; in his recent book (see August 14-27, 1997) Others Unknown: Timothy McVeigh and the Oklahoma Bombing Conspiracy, Jones asserts: “The real story of the bombing, as the McVeigh defense pursued it, is complex, shadowy, and sinister. McVeigh, like the government, had its own reasons to keep it so. It stretches, web-like, from America’s heartland to the nation’s capital, the Far East, Europe, and the Middle East, and much of it remains a mystery.” Others go even farther in their beliefs. Charles Baldridge of Terre Haute, Indiana, where McVeigh is incarcerated awaiting execution, says, “I won’t say that McVeigh didn’t do it, but he wasn’t the brains, he wasn’t the one who orchestrated it.” Asked who orchestrated the bombing, Baldridge replies, “The government.” Many people believe that if the government did not actually plan and execute the bombing, it allowed it to happen, in order to use it as an excuse for passing anti-terrorism laws and curbing basic freedoms. Many of the same conspiracy theories that sprouted in the aftermath of the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After) are now appearing in the public discourse about the Oklahoma City bombing, Stout notes. [New York Times, 5/13/2001]

Entity Tags: John F. Kennedy, Charles Baldridge, Charles R. Key, David Stout, Martin Luther King, Jr., Stephen Jones, Timothy James McVeigh, John Ashcroft, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

John Bolton, a neoconservative lawyer at the American Enterprise Institute, begins his term as the State Department’s undersecretary for arms control and international security, heading the Arms Control and Disarmament Agency (ACDA). Bolton, who like many other neoconservatives is ideologically opposed to the very idea of reducing the US’s nuclear arsenal, enters his office in the State Department and places a memento on his coffee table: a hand grenade mounted on a small wooden base with a plaque reading “Truest Reaganaut” (see January 1981 and After). Bolton will lead the movement within the Bush administration to withdraw the US from the Anti-Ballistic Missile Treaty (see May 26, 1972 and December 13, 2001). [American Enterprise Institute, 2005; Scoblic, 2008, pp. 159-160]

Entity Tags: Arms Control and Disarmament Agency, American Enterprise Institute, John R. Bolton, US Department of State, Bush administration (43)

Timeline Tags: US International Relations

The Shanghai Cooperation Organization logo. The Shanghai Cooperation Organization logo. [Source: Shanghai Cooperation Organization]The Shanghai Five (see 1996) becomes known as the Shanghai Cooperation Organization (SCO) and expands to include Uzbekistan. [BBC, 6/11/2001] SCO member-states agree unanimously to take the organization to a “higher level” and expand its mission beyond the original objectives of resolving border disputes and dealing with Islamic separatists to include issues such as regional economic development, commerce, and investment. [Shanghai Cooperation [.org], 6/20/2005] Leaders of the organization’s member-states say they hope the SCO will counterbalance US dominance of world affairs. According to Chinese President Jiang Zemin, the organization will foster “world multi-polarization” and contribute to the “establishment of a fair and reasonable international order.” [Associated Press, 6/15/2001] During their meeting in Shanghai, members sign a letter of support for the Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972), which the United States has said it wants to scrap to make way for a missile defense shield (see December 13, 2001). [BBC, 6/15/2001] SCO members say the defense system will have a “negative impact on world security.” [Associated Press, 6/15/2001] One Russian official at the meeting says the 1972 ABM Treaty is the “cornerstone of global stability and disarmament.” [BBC, 6/15/2001] China and Russia also discuss collaborating on a joint program to develop a radar system capable of tracking US F-117A stealth fighter planes. [CNN, 6/20/2001]

Entity Tags: Russia, Shanghai Cooperation Organization (SCO), China, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan

Timeline Tags: US confrontation with Iran, Complete 911 Timeline

At a joint press conference in Genoa, Italy, US President George W. Bush and Russian President Vladimir Putin discuss the necessity of maintaining the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972), a treaty from which Bush and many American conservatives wish to withdraw (see May 1, 2001 and June 2001). Putin says, “As far as the ABM Treaty and the issues of offensive arms, I’ve already said we’ve come to the conclusion that [the] two of these issues have to be discussed as a set… one and the other are very closely tied.” Bush, who agrees with his administration’s conservatives, counters that the two nations do not need such treaties because they have “a new relationship based on trust.” Putin responds: “The world is far from having international relations that are built solely on trust, unfortunately. That’s why it is so important today to rely on the existing foundation of treaties and agreements in the arms control and disarmament areas.” Bush’s Secretary of Defense, Donald Rumsfeld, dismisses the idea that the Russians could distrust the US as “silly.” [Scoblic, 2008, pp. 175]

Entity Tags: Vladimir Putin, Donald Rumsfeld, George W. Bush

Timeline Tags: US International Relations

National Security Adviser Condoleezza Rice publicly joins the chorus of Bush administration officials demanding that the US withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972, May 1, 2001 and June 2001). Rice, an expert on the former Soviet Union, describes herself as a former “high priestess of arms control” who has changed her thinking. She says there is no longer a reason to discuss respective numbers of ballistic missiles held by the US and Russia, or, as she says, no further reason to debate “how many warheads could dance on the head of an SS-18.” [Chicago Sun-Times, 7/16/2001; Scoblic, 2008, pp. 184]

Entity Tags: Condoleezza Rice

Timeline Tags: US International Relations

August 16, 2001: Zacarias Moussaoui Arrested

Zacarias Moussaoui after his arrest.Zacarias Moussaoui after his arrest. [Source: FBI]After being warned that Zacarias Moussaoui has raised suspicions at flight school (see August 11-15, 2001 and August 13-15, 2001), the FBI learns they can arrest him because he is in the US illegally. Four agents, Harry Samit, John Weess, Dave Rapp (all FBI) and Steve Nordmann (INS), drive to the Residence Inn, where Moussaoui and his associate Hussein al-Attas are staying. At the hotel Samit speaks on the phone to Joe Manarang from FBI headquarters; Manarang appeals for them to take the “cautious route” and not arrest Moussaoui. However, Samit refuses, as he has already notified the hotel clerk of their interest. Moussaoui is arrested around 4:00 p.m. on an immigration violation. At first Moussaoui shows the agents some documents, but then he becomes upset at missing his flight training. The FBI confiscates his belongings, including a computer laptop, but Moussaoui refuses permission for the belongings to be searched. A search of Moussaoui’s person yields a dagger with a two-inch blade, and another knife with a three-inch blade belonging to Moussoaui is found in the car. He also has boxing gloves and shin guards, and the arresting agents note he has prepared “through physical training for violent confrontation.” Al-Attas allows the agents to search his belongings and they believe al-Attas is in the US legally, so he is not arrested. However, al-Attas tells the FBI that Moussaoui is a radical religious Muslim and later makes several statements indicating Moussaoui may be a terrorist (see August 16, 2001). [MSNBC, 12/11/2001; US Congress, 10/17/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006; Minneapolis Star Tribune, 6/4/2006] Al-Attas is arrested the next day (see August 17, 2001).

Entity Tags: John Weess, Zacarias Moussaoui, Steve Nordmann, Joe Manarang, Harry Samit, David Rapp, FBI Minnesota field office, Hussein al-Attas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The rising demand for President Bush to make good on his stated intention to withdraw the United States from the 1972 ABM treaty with Russia (see May 26, 1972, August 3, 2000, May 1, 2001, and June 2001) alarms Yale law professor Bruce Ackerman. Ackerman, a constitutional law expert, writes that Bush lacks the authority to make such a decision. “Presidents don’t have the power to enter into treaties unilaterally,” he writes. “This requires the consent of two-thirds of the Senate, and once a treaty enters into force, the Constitution makes it part of the ‘supreme law of the land’—just like a statute. Presidents can’t terminate statutes they don’t like. They must persuade both houses of Congress to join in a repeal. Should the termination of treaties operate any differently?” Ackerman cites several historical instances, the most recent in 1978, when then-President Carter pulled the US out of a treaty with Taiwan, and was challenged unsuccessfully in a lawsuit that was dismissed by the Supreme Court. “[T]he court did not endorse the doctrine of presidential unilateralism,” Ackerman notes, but felt the issue should be resolved “by the executive and legislative branches.” Congress should not allow Bush to withdraw from the treaty, Ackerman writes. “If President Bush is allowed to terminate the ABM treaty, what is to stop future presidents from unilaterally taking America out of NATO or the United Nations?” he asks. “The question is not whether such steps are wise, but how democratically they should be taken. America does not enter into treaties lightly. They are solemn commitments made after wide-ranging democratic debate. Unilateral action by the president does not measure up to this standard.” Instead, he recommends: “Congress should proceed with a joint resolution declaring that Mr. Bush cannot terminate treaty obligations on his own. And if the president proceeds unilaterally, Congress should take further steps to defend its role in foreign policy.” [New York Times, 8/29/2001; Savage, 2007, pp. 140]

Entity Tags: Bruce Ackerman

Timeline Tags: US International Relations

Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair.Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair. [Source: Vanity Fair]Vanity Fair publishes a profile of convicted Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) by author and pundit Gore Vidal, who attended McVeigh’s execution (see May 6, 2001) and who exchanged letters with McVeigh for three years while he awaited execution. McVeigh invited Vidal to attend his execution as a result of their letter exchange.
Simplistic Portrayal of McVeigh as Lone 'Mad Bomber' - Vidal is convinced that the government orchestrated McVeigh’s conviction (see June 2, 1997) and the media’s portrayal of McVeigh as a lone mad bomber who “wanted to destroy innocent lives for no reason other than a spontaneous joy in evildoing.” Vidal also asserts that, in the government’s story, McVeigh “had no serious accomplices” (see December 23, 1997 and June 4, 1998). Orchestrating the media response was not particularly difficult, he writes, as few in the mainstream press were particularly interested in why McVeigh carried out the bombing aside from the simple explanation that he was “evil incarnate.” Any explanation of more complexity, Vidal writes, was dismissed as wild conspiracy theories. It was predictable, Vidal writes, that evidence pertinent to McVeigh’s case was not provided until well after his conviction and sentencing (see May 10-11, 2001), and that it would be largely ignored (see June 1-7, 2001). Vidal recounts numerous instances where, when he began to attempt an explanation of McVeigh’s obsession with the 1993 Branch Davidian conflagration (see April 19, 1993) and his belief that he was at war with the US government on a variety of news broadcasts, he was cut short by the hosts.
'Counter-Attack' against US Government - According to Vidal, McVeigh was clear in his letters that the bombing was more than just, McVeigh wrote, “a simple act of ‘revenge’ for Waco,” but “a strike against the US government,” or more precisely, “a ‘counter-attack’ rather than a self-declared war.” In one letter, he quoted pundit H.L. Mencken as writing, “Every normal man must be temped at times to spit on his hands, hoist the black flag, and begin slitting throats.” Vidal recalls that he warned McVeigh that “Mencken often resorted to Swiftian hyperbole and was not to be taken too literally.” He then speculates on the “interesting possibility,” perhaps “the grandest conspiracy of all… that he neither made nor set off the bomb outside the Murrah Building: it was only later, when facing either death or life imprisonment, that he saw to it that would be given sole credit for hoisting the black flag and slitting throats, to the rising fury of various ‘militias’ across the land who are currently outraged that he is getting sole credit for a revolutionary act organized, some say, by many others. At the end, if this scenario is correct, he and the detested Feds were of a single mind.” Regardless of who carried out the bombing, Vidal writes, it is clear that “McVeigh himself was eager to commit what he called ‘federally assisted suicide.’” Vidal quotes an interview with Dr. John Smith, a psychiatrist who interviewed McVeigh in prison and was then released from his oath of confidentiality by McVeigh to discuss his findings with reporters, who concluded that McVeigh was quite sane, and carried out the bombing both in revenge for the Waco assault and because “he also wanted to make a political statement about the role of the federal government and protest the use of force against the citizens.” Smith found that McVeigh was disappointed that the media had refused to discuss what he considered “the misuse of power by the federal government” that impelled him to carry out the bombing.
Limited Contact with Militias - According to Smith, McVeigh told him, “I did not expect a revolution.” He had had numerous discussions with some of the militia groups around Kingman, Arizona, Smith said, about how easy it would be to “cut Interstate 40 in two” and thereby disrupt the transportation between the eastern and western portions of the country, but those discussions, McVeigh told Smith, were “rather grandiose” and never acted upon. Vidal acknowledges that for three years before the bombing, McVeigh lived in the semi-underground world of the American militia movement. During that time, he came to believe, as many militia members did at the time, that the federal government planned on following up its assault weapons ban (see September 13, 1994) with a massive, nationwide raid on gun owners and militia members in the spring of 1995. Vidal writes, “This was all the trigger that McVeigh needed for what he would do—shuffled the deck, as it were.” Vidal claims that McVeigh, unlike many militia members, had “no hang-ups about blacks, Jews, and all the other enemies of the various ‘Aryan’ white nations to be found in the Patriots’ ranks.” He was fascinated with the violently racist novel The Turner Diaries (see 1978) and 1987-1988), he acknowledges, but only for its themes of individual Americans using guns and explosives to overthrow “the System.” Smith bolstered Vidal’s contention by reporting that McVeigh had insisted to him that he was not a racist nor a homophobe—“he made that very clear.”
Rationale for Bombing, and for Killing Civilians, Children - Vidal quotes a 1998 essay McVeigh wrote for the right-wing publication Media Bypass, “Essay on Hypocrisy,” that addressed his choice to blow up the Murrah Building, which contained a daycare center. The US, he wrote, set the precedent for bombing and killing civilians. When US military forces attack Iraqi government buildings with daycare centers or schools in them, McVeigh wrote, the media reported the children were being used as “shields” by the Iraqis. Vidal claims that no evidence exists that proves McVeigh knew about the presence of children in the Murrah Building, and repeats McVeigh’s claims that he had no such foreknowledge. However, Vidal notes, the FBI knew about the children in the Branch Davidian compound, “and managed to kill 27 of them.” In a final set of longhand notes McVeigh sent to Vidal in the weeks before his execution, McVeigh wrote: “I explain herein why I bombed the Murrah Federal Building in Oklahoma City. I explain this not for publicity, nor seeking to win an argument of right or wrong, I explain so that the record is clear as to my thinking and motivations in bombing a government installation. I chose to bomb a Federal Building because such an action served more purposes than other options. Foremost, the bombing was a retaliatory strike: a counter-attack, for the cumulative raids (and subsequent violence and damage) that federal agents had participated in over the preceding years (including, but not limited to, Waco). From the formation of such units as the FBI’s ‘Hostage Rescue’ and other assault teams amongst federal agencies during the 80s, culminating in the Waco incident, federal actions grew increasingly militaristic and violent, to the point where at Waco, our government—like the Chinese—was deploying tanks against its own citizens.” The federal government has militarized the police, he wrote, and his bombing was designed as a “pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the flight to the enemy. Additionally, borrowing a page from US foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment. (The bombing of the Murrah Building was not personal no more than when Air Force, Army, Navy, or Marine personnel bomb or launch cruise missiles against (foreign) government installations and their personnel.)”
'Exaggerated Sense of Justice' - Vidal has previously written that McVeigh suffered from what he called “an exaggerated sense of justice,” outraging many who read his words. He defends that characterization, and writes, “I knew that few Americans seriously believe that anyone is capable of doing anything except out of personal self-interest, while anyone who deliberately risks—and gives—his life to alert his fellow citizens to an onerous government is truly crazy.” McVeigh’s act may not have sparked a rebellion, Vidal writes, but it did presage an explosion of sorts in the number of citizens identifying themselves with the militia movement, many of whom joined local militia groups because they believed the government had orchestrated the bombing and then unjustly blamed McVeigh for it. Others believe that government agents planted bombs inside the Murrah Building set to go off when McVeigh’s truck bomb detonated. Many believe that McVeigh was used by the government to perpetuate “state police power,” similar to instances during the Vietnam War when “bogus Viet Cong units that were sent out to rape and murder Vietnamese to discredit the National Liberation Front,” or when US forces pretended to “find” Communist arms dumps in El Salvador. Vidal repeats the tale that all 17 members of the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) working in their Murrah Building office suspiciously failed to report to work on the day of the bombing, suggesting that they knew of the bombing in advance (see December 30, 1998).
Militia Involvement? - Vidal then engages in a long and detailed attack on the evidence that shows McVeigh and his co-conspirator Terry Nichols built the bomb themselves. He believes that McVeigh and Nichols were involved in a complex and shadowy “plot involving militia types and government infiltrators—who knows?—as prime movers to create panic in order to get” President Clinton to enact the Anti-Terrorism Act, and cites research by journalist and author Joel Dyer, who in his own writings detailed his belief that the government downplayed McVeigh’s militia affiliations to make a case that he was a quintessential and possibly deranged “lone bomber.” Dyer and Vidal both cite the poor defense put on by McVeigh’s trial lawyer, Stephen Jones, who, Dyer contended, “often left the jury more confused and bored than convinced of his client’s innocence. Even when he succeeded in his attempts to demonstrate that a large conspiracy was behind the bombing, he did little to show that McVeigh was not at the center of the conspiracy. Jones’s case led some reporters to speculate that McVeigh himself was limiting his own defense in order to prevent evidence that might implicate others in the bombing from entering the record.” McVeigh did indeed confess to the bombing to his defense lawyers and, later, to Vidal, but, Vidal writes, “I believe that by confessing McVeigh was, once again, playing the soldier, attempting to protect his co-conspirators.” Vidal writes that his own research has unearthed a number of militia members who may have played a part in the April 19 bombing, and a systematic effort by the FBI and the McVeigh prosecution team to quash any evidence of that sort during McVeigh’s trial. He also challenges the government’s assertion that the reports of a third co-conspirator, “John Doe No. 2,” was a US Army private with no connection to McVeigh or the bombing (see January 29, 1997). Instead, he writes, that person was likely a well-known militia member in Shawnee County, Kansas, and possibly a member of the separatist Republic of Texas organization. He cites a book on the bombing by former journalist David Hoffman, who was convicted of trying to tamper with the McVeigh jury (see December 30, 1998), as being “the most thorough of a dozen or two accounts of what did and did not happen on that day in April.” Like Vidal, Hoffman does not believe that McVeigh’s truck bomb could have caused the damage inflicted on the Murrah Building, and cites a number of military and government experts who make the same contentions, even citing one report that claims the “five separate bombs” used in the explosion “have a Middle Eastern ‘signature,’ pointing to either Iraqi or Syrian involvement” (see 10:00 a.m. April 19, 1995 and After). Vidal notes that the search for bodies in the destroyed building was halted after 16 days (see May 4, 1995), against the wishes of those who wanted to continue attempting to search for more evidence in the bomb site. Six days later the building was demolished (see 7:01 a.m. May 23, 1995), leading one critic, retired Air Force Brigadier General Benton K. Partin, to declare that the building was demolished as “a classic cover-up” executed by Communist agents. Vidal writes of Partin’s belief that Communists orchestrated the cover-up, “Well, nobody’s perfect.” (Vidal errs in his “six day” claim; the building was demolished 19 days later.) Vidal writes: “In the end, McVeigh, already condemned to death, decided to take full credit for the bombing. Was he being a good professional soldier, covering up for others? Or did he, perhaps, now see himself in a historic role with his own private Harper’s Ferry, and though his ashes molder in the grave, his spirit is marching on? We may know—one day.” [Vanity Fair, 9/2001]

Entity Tags: Joel Dyer, David Hoffman, Benton K. Partin, Federal Bureau of Investigation, H.L. Mencken, Timothy James McVeigh, Gore Vidal, Stephen Jones, Terry Lynn Nichols, Vanity Fair, John Smith, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

The FBI dramatically escalates its warrantless wiretaps of US citizens, most without the proper paperwork or oversight. The public will not learn of the FBI wiretapping program until October 2005, when classified documents will be made available to the Electronic Privacy Information Center (EPIC), an advocacy group that will sue the Justice Department for records relating to the Patriot Act. According to those documents, which are heavily redacted, the FBI conducts clandestine surveillance on some US residents for 18 months and even longer. The FBI will also internally investigate at least 287 violations of its use of secret surveillance against US citizens. One target will be kept under surveillance for over five years, including a 15-month stretch where the FBI fails to notify Justice Department lawyers after the subject moves from New York to Detroit. According to an FBI investigation, that delay is a violation of department guidelines and will prevent the department “from exercising its responsibility for oversight and approval of an ongoing foreign counterintelligence investigation of a US person.” Other cases involve agents obtaining e-mails after warrants expire, seizing bank records without authorization, and conducting improper “unconsented physical search(es).” EPIC’s general counsel, David Sobel, will say in October 2005 that the classified documents indicate possible misconduct by the FBI in counterintelligence investigations, and highlight the need for greater congressional oversight of clandestine surveillance within the United States. “We’re seeing what might be the tip of the iceberg at the FBI and across the intelligence community,” Sobel will say. “It indicates that the existing mechanisms do not appear adequate to prevent abuses or to ensure the public that abuses that are identified are treated seriously and remedied.” The FBI will counter by insisting that all of the infractions are minor, mostly what it calls administrative errors, and that any information obtained improperly is quarantined and eventually destroyed. One senior FBI official will say, “Every investigator wants to make sure that their investigation is handled appropriately, because they’re not going to be allowed to keep information that they didn’t have the proper authority to obtain. But that is a relatively uncommon occurrence. The vast majority of the potential [violations] reported have to do with administrative timelines and time frames for renewing orders.” Catherine Lotrionte, the counsel for the President’s Foreign Intelligence Advisory Board, which is tasked with overseeing the FBI’s domestic surveillance operations, will refuse to disclose any details of any of the FBI violations, saying most of its work is classified and covered by executive privilege. The surveillance operations are conducted under the aegis of the Foreign Intelligence Surveillance Act (see 1978), whose threshold for such surveillance is lower than for criminal warrants. In 2004 alone, over 1,700 new cases will be opened by the secret Foreign Intelligence Surveillance Court. [Washington Post, 10/24/2005] Though Bush officials eventually admit to beginning surveillance of US citizens after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Issuetsdeah, Federal Bureau of Investigation, Catherine Lotrionte, Electronic Privacy Information Center, David Sobel, US Department of Justice, Foreign Intelligence Surveillance Court

Timeline Tags: Civil Liberties

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

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

Michael Creppy, the chief US immigration judge—actually an executive branch official in the Justice Department, the title of “judge” notwithstanding—orders that all deportation hearings be closed to the public, the press, and even family members. Creppy also prohibits immigration court administrators from listing the detainees’ names or cases on public dockets. The reason is not because there is reason to believe any particular detainee is a suspected terrorist. Instead, the administration asserts, national security demands blanket secrecy because terrorist cells might read about the deportation hearings in the press, piece together bits and pieces of information, and in doing so deduce valuable information about the government’s investigation into the 9/11 attacks and terrorism in general. In 2007, author Charlie Savage will write: “Thus, the public would just have to trust that the government had arrested and deported the right people, even though their names were kept a secret and the decision to expel them from the country was made behind closed doors. By invoking the chance that the enemy might detect a pattern in otherwise harmless information, the government would be justified in withholding everything. The implication of its theory was that the public had no right to know anything, no matter how innocuous, because any tidbit of trivial information could potentially be stitched together with other minor bits of information to conceivably provide some useful insight for terrorists.” In separate proceedings, the Detroit Free Press and several New Jersey media organizations will challenge the Justice Department’s decision in court (see August 26, 2002 and October 2, 2002). [Savage, 2007, pp. 94]

Entity Tags: Charlie Savage, US Department of Justice, Michael Creppy

Timeline Tags: Civil Liberties

Former AT&T employee Mark Klein.Former AT&T employee Mark Klein. [Source: PBS]The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and After September 11, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency.
Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA Today, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [Democracy Now!, 5/12/2006]
Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002-Early 2003).
Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency

Timeline Tags: Civil Liberties

President Bush issues a directive authorizing the National Security Agency (NSA) to operate a warrantless domestic surveillance program. Author/journalist Jane Mayer will report in 2011, “[O]n October 4, 2001, Bush authorized the policy, and it became operational by October 6th,” and, “[t]he new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as commander in chief, contravened a century of constitutional case law.” Mayer will interview NSA whistleblower Thomas Drake for her article and quote him as saying that, following the October 4 directive, “strange things were happening. Equipment was being moved. People were coming to me and saying, ‘We’re now targeting our own country!’” Bush’s directive is based on a legal opinion drafted by Department of Justice Office of Legal Counsel Deputy Attorney General John Yoo (see September 25, 2001). [New Yorker, 5/23/2011]
Conflicting Information regarding Date of First Authorization - The existence of the NSA’s domestic surveillance program will first be made public in December 2005, following reporting by the New York Times that will cite “[n]early a dozen current and former officials” (see December 15, 2005). The Times article will state that in 2002, “[m]onths after the Sept. 11 attacks,” Bush signed an executive order authorizing the NSA to monitor domestic phone calls, including those of US citizens and permanent residents, if one end of the call was outside the country. The Times article also mentions an NSA “‘special collection program’ [that] began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism.” The difference between the October 4, 2001 directive and the 2002 executive order referred to by the Times is unclear. [New York Times, 12/16/2005]
Other Sources for October Directive - Other sources, including Bush, NSA Director General Michael Hayden, and the inspectors general of five separate agencies, will later refer to a presidential order having been given in “October,” or “weeks” after the 9/11 attacks, and say that, subsequent to this order, international calls of US persons are targeted for content-monitoring. Following the publication of the Times article, Bush will say in a December 17, 2005 radio address: “In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with US law and the Constitution, to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations. Before we intercept these communications, the government must have information that establishes a clear link to these terrorist networks” (see December 17, 2005). This presidential authorization was based on a legal opinion drafted by Department of Justice Office of Legal Counsel attorney John Yoo (see October 18, 2001). [WhiteHouse(.gov), 12/17/2005] 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,” which is when he “gathered key members of the NSA workforce… [and] introduced [the NSA’s] new operational authority to them.” 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,” and that “the three most senior and experienced lawyers in NSA… supported the lawfulness of this program.” [Michael Hayden, 1/23/2006] In a July 10, 2009 jointly-issued report, the inspectors general of the Department of Defense, Department of Justice, CIA, NSA, and Office of the Director of National Intelligence will refer to the “President’s Surveillance Program” (PSP) and “the program’s inception in October 2001.” The report will say: “One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qaeda or related terrorist organizations.… The attorney general subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same presidential authorization, but the details of those activities remain classified.” [Inspectors General, 7/10/2009] Citing “a senior administration official,” the Washington Post will report on January 4, 2006: “The secret NSA program… was authorized in October 2001.… The president and senior aides have publicly discussed various aspects of the program, but neither the White House, the NSA, nor the office of the director of national intelligence would say what day the president authorized it.” [Washington Post, 1/4/2006]

Entity Tags: US Department of Justice, Thomas Drake, US Department of Defense, Office of Legal Counsel (DOJ), Office of the Director of National Intelligence, Michael Hayden, National Security Agency, George W. Bush, Central Intelligence Agency, John C. Yoo, Jane Mayer

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

Nancy Pelosi.Nancy Pelosi. [Source: US Congress]House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see After September 11, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted.
Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [Washington Post, 1/4/2006; Nancy Pelosi, 1/6/2006]
Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this.

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi

Timeline Tags: Civil Liberties

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

Nine Republican senators, led by conservatives Jesse Helms (R-NC), Trent Lott (R-MS), and Jon Kyl (R-AZ), send a letter to President Bush urging him to withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972, May 1, 2001, and June 2001). They explain their position by arguing that the ABM Treaty has become “the most significant obstacle to improved relations between the United States and Russia.” This argument is a complete reversal of conservatives’ earlier positions: that arms control agreements such as the ABM Treaty did nothing to stabilize relations between the US and its nuclear-armed opponents. The argument also flies in the face of public and private statements by Russian leaders, who consider the treaty one of the key elements of stable US-Russian relations. Russian President Vladimir Putin has repeatedly stressed the importance of the treaty in maintaining nuclear parity between the two nations (see July 2001), even as Russia seeks to reduce its nuclear arsenal from 6,000 to 1,500 deployed missiles. In 2008, author J. Peter Scoblic will speculate as to why conservatives wish to withdraw from the treaty: “For isolationists, missile defense renewed the dream of Fortress America, allowing us to retreat even further from crises abroad. For nationalists and moralists, missile defense was a shield against engagement and detente in the event that, say, North Korea was to develop a nuclear-armed ICBM (see August 31, 1998). For neoconservatives, missile defense was a necessary adjunct to their proactive vision of changing regimes and democratizing the world” (see March 12, 2001). [Scoblic, 2008, pp. 174-176]

Entity Tags: Vladimir Putin, George W. Bush, J. Peter Scoblic, Trent Lott, Jon Kyl, Jesse Helms

Timeline Tags: US International Relations

John Yoo and Robert Delahunty of the Justice Department’s Office of Legal Counsel (OLC) write a classified memo to John Bellinger, the senior legal counsel to the National Security Council. Yoo and Delahunty claim that President Bush has the unilateral authority to “suspend certain articles” of the Anti-Ballistic Missile Treaty between the US and Russia (see May 26, 1972). Six months later, President Bush will withdraw the US from the treaty (see December 13, 2001). [US Department of Justice, 11/15/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will not be released until two months after the Bush administration leaves the White House (see March 2, 2009).

Entity Tags: National Security Council, John Bellinger, John C. Yoo, US Department of Justice, Robert J. Delahunty, Office of Legal Counsel (DOJ)

Timeline Tags: US International Relations

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

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

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

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

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

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

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

Timeline Tags: Civil Liberties

Valerie Plame Wilson.Valerie Plame Wilson. [Source: PEP]In response to questions from Vice President Dick Cheney (see (February 13, 2002)), CIA operative Valerie Plame Wilson and officials from the CIA’s DO counterproliferation division (CPD) meet to discuss what the agency should do to determine the validity of recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) alleging that Iraq had sought to purchase uranium from Niger. During the meeting, Plame Wilson suggests sending her husband, Joseph Wilson, an Africa expert and former US diplomat, to Niger to investigate the reports. [US Congress, 7/7/2004] The meeting is chronicled in an internal agency memo obtained by the Wall Street Journal in October 2003. [Wall Street Journal, 10/17/2003] Intelligence officials subsequently will not deny that Plame Wilson was involved in the decision to send Wilson to Niger, but will say she was not “responsible” for the decision. [Wall Street Journal, 10/17/2003]
CIA Alerted to Cheney's Concerns - In her 2007 book Fair Game, Plame Wilson recalls that shortly after Cheney’s initial questions, a young officer rushes into her CPD office and tells her “someone from the vice president’s office” just called the officer on her secure telephone line. The caller, apparently a member of Cheney’s staff, wants information about an intelligence report that the Italian government has passed to the US, alleging that in 1999 Iraq attempted to buy yellowcake uranium from Niger. Cheney is, according to the staffer, “interested and want[s] more information.” Plame Wilson will write, “If the report was true at all, I knew that it would be damning evidence indeed that Iraq was seeking to restart its nuclear program.”
'Nonplussed' at White House Contact - “I was momentarily nonplussed that someone from the vice president’s office had reached down into the junior working levels of the agency to discuss or find an answer to an intelligence report,” she will write. “In my experience, I had never known that to happen. There were strict protocols and procedures for funneling intelligence to policy makers or fielding their questions. Whole offices within the agency were set up and devoted to doing just that. A call to a random desk officer might get the policy maker a quick answer in the heat of the moment, but it was also a recipe for trouble. Handing a senior policy maker ‘raw’ intelligence that had not been properly vetted, placed into context, or appropriately caveated by intelligence professionals usually led to misinterpretation—at a minimum.” She adds that at the time, she is “not aware of the unprecedented number of visits the vice president had made to our headquarters to meet with analysts and look for any available evidence to support the Iraq WMD claims the administration was beginning to make.… I was still blissfully ignorant of any special visits or pressure from the administration vis-a-vis Iraq. I just wanted to get some answers.”
Decision to Ask Wilson Originates with Records Officer, Not Plame Wilson - Plame Wilson tables her concerns about the unusual contact, and begins pondering how best to find answers to Cheney’s questions. The “first and most obvious choice,” she will write, “would be to contact our [REDACTED] office in Niger and ask them to investigate these allegations using local sources available on the ground.” But the budget cuts of the mid-1990s had forced the closing of numerous CIA offices in Africa, including its station in Niamey, Niger. Plame Wilson will recall, “A midlevel reports officer who had joined the discussion in the hallway enthusiastically suggested, ‘What about talking to Joe about it?’” The reports officer is referring to Plame Wilson’s husband, former ambassador Joseph Wilson. “He knew of Joe’s history and role in the first Gulf War (see September 5, 1988 and After and September 20, 1990), his extensive experience in Africa, and also that in 1999 the CIA had sent Joe on a sensitive mission to Africa on uranium issues. Of course, none of us imagined the firestorm this sincere suggestion would ignite. At the moment, the only thought that flashed through my mind was that if Joe were out of the country for an extended period of time I would be left to wrestle two squirmy toddlers into bed each evening.… So I was far from keen on the idea, but we needed to respond to the vice president’s office with something other than a lame and obviously unacceptable, ‘We don’t know, sorry.’” Plame Wilson and the reports officer make the suggestion to send Wilson to Niger; her supervisor decides to meet with Wilson “and the appropriate agency and State [Department] officials.” At her supervisor’s behest, Plame Wilson sends an e-mail to her division chief (whom she will only identify as “Scott”), informing him of the decision and noting that “my husband has good relations with both the PM [prime minister] and the former minister of mines (not to mention lots of French contacts), both of whom could possibly shed some light on this sort of activity.” Plame Wilson will write that her words are intended to “gently remind [her division chief] of Joe’s credentials to support why my boss thought he should come into headquarters in the first place.” She will note: “Months later, those words would be ripped out of that e-mail and cited as proof that I had recommended Joe for the trip (see February 13, 2002). But at the time, I simply hit the ‘send’ button and moved on to the other tasks that were demanding my attention.” That night, Plame Wilson broaches the subject of going to Niger with her husband; he agrees to meet with her superiors at the CPD. [US Congress, 7/7/2004; Wilson, 2007, pp. 108-110]
Cheney Later Denies Knowledge of Iraq-Niger Claims - During the investigation of the Plame Wilson leak (see September 26, 2003), Cheney will repeatedly deny any knowledge that the CIA was following up on his request for more information. This is a lie. Among other refutations, the Senate Intelligence Committee will report in 2004 that he was told on February 14 that CIA officers were working with clandestine sources to find out the truth behind the Niger allegations (see July 9, 2004). [Wilson, 2007, pp. 368]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Counterproliferation Division, Valerie Plame Wilson, Richard (“Dick”) Cheney

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

The CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) holds a meeting with former ambassador Joseph Wilson, intelligence analysts from both the CIA and State Department’s Bureau of Intelligence and Research (INR), and several individuals from the DO’s Africa and CPD divisions. The purpose of the meeting is to discuss the merits of sending Wilson to Niger. Wilson is introduced by his wife Valerie Plame Wilson, who heads CPD’s Joint Task Force on Iraq (JTFI). [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Wife Does Not Participate in Meeting - In her 2007 book Fair Game, Plame Wilson will write that she brings her husband into the briefing room, introduces him to the “10 or so participants,” and “[a]fter a minute or so, I went back to my desk to attend to what seemed like a hundred other operational crises. When the meeting broke, Joe poked his head in my office to say that the group had asked him to consider going to Niger to discuss the report.” [Wilson, 2007, pp. 111]
Wilson's Qualifications - Wilson will later describe himself as “the insider increasing [the CIA analysts’] store of information, supplying that perspective missing from their raw data. I had served as a junior diplomatic officer in Niger in the mid-1970s, a period that happened to coincide with the growth in the uranium business there. We had followed this issue closely from the American Embassy in Niamey, Niger’s capital, just as my staff and I had when I was ambassador to Gabon, another uranium-producing country, from 1992 to 1995. When I worked on the National Security Council in the Clinton administration two years later, among my areas of responsibility was the African uranium industry. Rarely did conversations with Africans from uranium-producing countries fail to touch on the subject. Niger, where I had traveled frequently over the years, was always of particular interest.” [Wilson, 2004, pp. 8]
Details Shared with Wilson - In the meeting, Wilson learns of a report that purports to document a memorandum of sale from Niger to Iraq, and that the report had aroused the interest of Vice President Dick Cheney (see (February 13, 2002)). Cheney’s office has tasked the CIA to determine the truth or falsity of the report. The report is lacking in key details. Wilson’s knowledge of the region, particularly of the government and private interests involved in mining and distributing uranium, will be particularly helpful. Wilson later writes, “The Nigeriens were the same people I had dealt with during and after my time at the National Security Council, people I knew well.” The former minister of mines, the man responsible for oversight of the industry at the time of the alleged sales, is a friend of his.
Skepticism among Participants about Report - Wilson will later describe himself as “skeptical, as prudent consumers of intelligence always are about raw information.” He will note that much of this kind of intelligence is classified as “rumint,” or rumors passing as fact, and is usually “no more reliable than Bigfoot sightings. Rumint is a necessary and unfortunate reality in a world where many people will tell you what they think you want to hear, as opposed to simple facts.” [Wilson, 2004, pp. 14-15] Notes taken by INR analyst Douglas Rohn, as well as e-mails from other participants, indicate that INR expresses skepticism that the alleged uranium contract could have taken place. Rohn, who served as deputy chief of mission in Niger during the ‘90s, writes that it would have been very difficult to conceal such a large shipment of yellowcake because “the French appear to have control of the uranium mining, milling and transport process, and would seem to have little interest in selling uranium to the Iraqis.” INR also says that the embassy in Niger has good contacts and is thus in a position to get to the truth on the matter, and therefore believes the proposed trip to Niger would be redundant. Others attending the meeting argue that the trip would probably not resolve the matter because the Nigeriens would be unlikely to admit to a uranium sales agreement with Iraq. An e-mail from a WINPAC analyst to CPD following the meeting notes, “[I]t appears that the results from this source will be suspect at best, and not believable under most scenarios.” CPD nonetheless concludes that sending Wilson would be worth a try. [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Open and Public Visit - Wilson is willing, but points out that he is not a spy, but a former diplomat with no experience with clandestine work. He will be recognized in Niger. Therefore, there can be no expectation of any covert or clandestine actions on his part; everything he does will be open and above board. He also insists on obtaining the approval of both the State Department and the US Ambassador to Niger, Barbro Owens-Kirkpatrick, before entering the country. He expects no payment for his visit, but will accept reimbursement for expenses. The others in the meeting agree. The rest of the two-hour meeting is spent considering and plotting out various scenarios, based on who he might see and what he might learn during his visit. [Wilson, 2004, pp. 16-17] “I went through what I knew about… uranium,” Wilson later recalls. “I went through what I knew about the personalities.… People chimed in, and I answered them as best I could. It was a kind of free-for-all, and at the end they sort of asked, ‘Well, would you be able to clear your schedule and go out there if we wanted?’ and I said, ‘Sure.’” [Vanity Fair, 1/2004]

Entity Tags: Douglas Rohn, Counterproliferation Division, Joseph C. Wilson, Valerie Plame Wilson, US Embassy in Niger, Bureau of Intelligence and Research

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

Joseph Wilson.Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). [New York Times, 5/6/2003; Washington Post, 6/12/2003 pdf file; Independent, 6/29/2003; New York Times, 7/6/2003; US Congress, 7/7/2004]
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” [Dubose and Bernstein, 2006, pp. 214]
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. [Unger, 2007, pp. 240; Wilson, 2007, pp. 113] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” [Wilson, 2007, pp. 111]
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” [Unger, 2007, pp. 240-241] Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” [CounterPunch, 11/9/2005]
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” [Wilson, 2004, pp. 20-22]
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. [Wilson, 2004, pp. 22-25]
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. [Wilson, 2004; Wilson, 2004]
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). [Wilson, 2004, pp. 27-28]
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” [Washington Post, 6/12/2003 pdf file; Knight Ridder, 6/13/2003; Independent, 6/29/2003; New York Times, 7/6/2003; CBS News, 7/11/2003; Vanity Fair, 1/2004; Wilson, 2004, pp. 20-28, 424; Vanity Fair, 5/2004, pp. 282; Wilson, 2007, pp. 113]

Entity Tags: Barbro Owens-Kirkpatrick, Wissam al-Zahawie, Carlton W. Fulford, COGEMA, Mai Manga, Valerie Plame Wilson, Muhammad Saeed al-Sahhaf, Melvin A. Goodman, Central Intelligence Agency, Richard (“Dick”) Cheney, Joseph C. Wilson

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

Carlton W. Fulford Jr.Carlton W. Fulford Jr. [Source: US Marine Corps]Marine General Carlton W. Fulford Jr., deputy commander of the US European Command, arrives in Niger on a scheduled refueling stop. At the request of US Ambassador to Niger Barbro Owens-Kirkpatrick, Fulford joins the ambassador at a meeting with Niger’s President Mamadou Tandja and Foreign Minister Aichatou Mindaoudou. He explains the importance of keeping Niger’s ore deposits secure. At the meeting, President Tandja assures the ambassador and General Fulford that Niger is determined to keep its uranium “in safe hands.” [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282; US Congress, 7/7/2004] After the meeting, Fulford concludes that Niger’s uranium is securely under the control of a French consortium and that there is little risk that the material will end up in the wrong hands. These findings are passed on to General Joseph Ralston who provides them to General Richard B. Myers, chairman of the Joint Chiefs of Staff. [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282] The Pentagon will later say that Defense Secretary Donald Rumsfeld was not informed about the trip or its conclusions. [Voice of America, 7/15/2003]

Entity Tags: Mamadou Tandja, Joseph Ralston, Barbro Owens-Kirkpatrick, Richard B. Myers, Aichatou Mindaoudou, Carlton W. Fulford, US Department of Defense

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

While former ambassador Joseph Wilson is still in Africa learning about the supposed Iraq-Niger uranium deal (see February 21, 2002-March 4, 2002), Douglas Rohn, an analyst for the State Department’s Bureau of Intelligence and Research (INR), writes an intelligence assessment, titled “Niger: Sale of Uranium to Iraq Is Unlikely,” that disputes recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) suggesting that Iraq attempted to purchase uranium from Niger. The assessment reiterates INR’s view that France controls the uranium industry and “would take action to block a sale of the kind alleged in a CIA report of questionable credibility from a foreign government service.” It adds that though “some officials may have conspired for individual gain to arrange a uranium sale,” Nigerien President Mamadou Tandja’s government would have been unlikely to risk relations with the US and other key aid donors. And it cites the logistical difficulties of a secret transaction requiring “25 hard-to-conceal 10-ton trailers” that would have had to travel 1,000 miles and cross one international border before reaching the sea. “A whole lot of things told us that the report was bogus,” Greg Thielmann, a high-ranking INR official, will later explain to Time magazine. “This wasn’t highly contested. There weren’t strong advocates on the other side. It was done, shot down.” The assessment, drafted in response to interest from the vice president’s office (see (February 13, 2002)), is sent to the White House Situation Room and Secretary of State Colin Powell. [Time, 7/21/2003; US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 96-97; Unger, 2007, pp. 241]

Entity Tags: Mamadou Tandja, US Department of State, Joseph C. Wilson, Douglas Rohn, Bureau of Intelligence and Research, Greg Thielmann, Colin Powell

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

A few days after the State Department determines that the reported secret uranium deal between Iraq and Niger is “unlikely” (see March 1, 2002), former ambassador Joseph Wilson returns from his fact-finding trip to Niger (see February 21, 2002-March 4, 2002). Wilson tells CIA officials that he found no evidence to show that any such deal ever took place. [Unger, 2007, pp. 241] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write that the debriefing actually begins shortly after Wilson’s arrival in the US, with “two clean-cut CIA officers, one of whom was the reports officer who had suggested sending Joe to Niger in the first place” (see February 13, 2002), arriving at the Wilson home, “clearly eager to debrief Joe so they could immediately write up an intelligence report on his trip.” Plame Wilson deliberately absents herself from the debriefing taking place in her living room, though she joins her husband and the two CIA officers for a late dinner of takeout Chinese food, where they discuss general subjects. [Wilson, 2004, pp. 29; Wilson, 2007, pp. 112] Based on Wilson’s information, the CIA’s Directorate of Operations (DO)‘s case officer writes a draft intelligence report and sends it to the DO reports officer, who adds additional relevant information from his notes. [US Congress, 7/7/2004] The report will be distributed by March 8, 2002 (see March 8, 2002). [Wilson, 2007, pp. 370]

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

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

The CIA sends a one-and-a-half-page cable to the White House, the FBI, the Justice Department, the Joint Chiefs of Staff, and the Defense Intelligence Agency, with news that a CIA source sent to Niger has failed to find any evidence to back claims that Iraq sought uranium from that country (see February 21, 2002-March 4, 2002). The cable contains an initial report of the source’s findings in Niger. [Knight Ridder, 6/12/2003; ABC News, 6/12/2003; Knight Ridder, 6/13/2003; Washington Post, 6/13/2003; BBC, 7/8/2003; BBC, 7/8/2003; US Congress, 7/7/2004] The agency rates the quality of the information in the report as “good,” with a rating of 3 out of 5. [CounterPunch, 11/9/2005]
Caveats and Denials - The report does not name the CIA source or indicate that the person is a former ambassador. Instead it describes the source as “a contact with excellent access who does not have an established reporting record” and notes that the Nigeriens with whom he spoke “knew their remarks could reach the US government and may have intended to influence as well as inform.” A later Senate report on the US’s pre-war intelligence on Iraq will state: “The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was prime minister (1997-1999) or foreign minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it.” Mayaki, according to the report, also acknowledged a June 1999 visit (see June 1999) by a businessman who arranged a meeting between Mayaki and an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. The intelligence report says that Mayaki interpreted “expanding commercial relations” to mean that the delegation wanted to discuss purchasing uranium. The meeting did take place, but according to the report, “Mayaki let the matter drop due to UN sanctions on Iraq.” The intelligence report also says that Niger’s former Minister for Energy and Mines, Mai Manga, told Wilson that there have been no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. Mai Manga is also reported to have described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transportation overseas. Manga said he believed it would be difficult, if not impossible, to arrange a special clandestine shipment of uranium to a country like Iraq. [US Congress, 7/7/2004]
White House: Report Left Out Details, Considered Unimportant - Bush administration officials will say in June 2003 that the report left out important details, such as the trip’s conclusions. And consequently, the Washington Post will report in June 2003, “It was not considered unusual or very important and not passed on to Condoleezza Rice, the president’s national security adviser, or other senior White House officials.” [Washington Post, 6/12/2003 pdf file; Washington Post, 6/13/2003; Knight Ridder, 6/13/2003]
CIA Source Doubts White House Claims - But the CIA source who made the journey, former ambassador Joseph Wilson, will find this explanation hard to believe. “Though I did not file a written report [he provided an oral briefing (see March 4-5, 2002)], there should be at least four documents in United States government archives confirming my mission,” he will later explain. “The documents should include the ambassador’s report of my debriefing in Niamey, a separate report written by the embassy staff, a CIA report summing up my trip, and a specific answer from the agency to the office of the vice president (this may have been delivered orally). While I have not seen any of these reports, I have spent enough time in government to know that this is standard operating procedure.” [New York Times, 7/6/2003]
Senior CIA Case Officer Backs Up Source - In 2007, Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will write of the report (see March 4-5, 2002) that if standard protocol has been followed, the report is distributed to “all the government departments that have intelligence components, such as the State Department’s Bureau of Intelligence and Research (INR), the National Security Agency (NSA), the Pentagon, and the overseas military commands. All of us had every reason to believe that their finished report would indeed be sent to the vice president’s office as part of the established protocol.” According to Plame Wilson, who read the report when it was completed (see (March 6, 2002)), much of the report focuses on “Niger’s strict, private, and government controls on mining consortia to ensure that no yellowcake went missing between the uranium mines and the marketplace.” She will write in 2007 that her husband’s report “corroborated and reinforced what was already known.” Both she and her husband assume that the allegations are sufficiently disproven and will not be heard of again. [Wilson, 2007, pp. 112-114]
Little New Information - According to intelligence analysts later interviewed by Congressional investigators, the intelligence community does not believe the trip has contributed any significant information to what is already known about the issue, aside from the details of the 1999 Iraqi delegation. [US Congress, 7/7/2004]

Entity Tags: Condoleezza Rice, Federal Bureau of Investigation, Ibrahim Mayaki, Defense Intelligence Agency, Central Intelligence Agency, US Department of Justice, Mai Manga, Bush administration (43), Valerie Plame Wilson, Joint Chiefs of Staff, Joseph C. Wilson

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

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

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

Timeline Tags: Civil Liberties

Former ambassador Joseph Wilson participates in the annual conference of the American Turkish Council. One of the keynote speakers is Richard Perle, the neoconservative head of the Defense Policy Board and the chief author of the 1996 position paper “A Clean Break,” which argued for the forcible redrawing of the political map of the Middle East (see July 8, 1996). In 1996, Perle had called for the overthrow of the Iraqi government. At the conference, Perle makes the same call. Wilson will later recall being deeply troubled by Perle’s “fire and brimstone” speech. The next afternoon, when Wilson is scheduled to speak, he voices his concerns over Perle’s position. Although he had journeyed to Niger to learn the truth or falsity about the Iraq-Niger uranium claims (see February 21, 2002-March 4, 2002), he has not spoken publicly about Iraq in over a decade. He does so because he urgently feels that Perle’s views need to be countered. “No decision is more important than that to send a nation’s sons and daughters to a foreign land in order to kill and perhaps die for their country,” he will write. “As a democracy, we are all participants in that decision. Not to speak out would amount to complicity in whatever decision was taken.” Wilson tells the assemblage that “if we were prepared to entertain the possibility that in coming year Iraq might be reduced to a chemical, biological, and nuclear wasteland, then we should march in lockstep to the martial music played by Perle; if not, we should think about alternatives to war.” His partner at the podium, former Turkish military commander Cevik Bir, is, Wilson will recall, “even more strident than me in his opposition to military action.” The audience, “largely American and Turkish businessmen, [largely] agreed with us,” Wilson will recall. For his part, Perle has long since departed the conference. Wilson will later write: “As I discovered while debating the issue, the prowar advocates were little inclined to listen to the views of others. They had made up their minds long ago, and now it was a matter of ramming their agenda through the decision-making process.” [Wilson, 2004, pp. 291-292]

Entity Tags: Richard Perle, American Turkish Council, Joseph C. Wilson, Cevik Bir

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

The Foreign Intelligence Surveillance Court (FISC) turns down the Justice Department’s bid for sweeping new powers to monitor and wiretap US citizens. FISC judges rule that the government has misused the law and misled the court dozens of times. The court finds that Justice Department and FBI officials supplied false or misleading information to the court in over 75 applications for search warrants and wiretaps, including one signed by then-FBI director Louis Freeh. While the court does not find that the misrepresentations were deliberate, it does rule that not only were erroneous statements made, but important information was omitted from some FISA applications. The judges found so many inaccuracies and errors in FBI agent Michael Resnick’s affidavits that they bar him from ever appearing before the court again. The court cites “the troubling number of inaccurate FBI affidavits in so many FISA applications,” and says, “In virtually every instance, the government’s misstatements and omissions in FISA applications and violations of the Court’s orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors.” The court is also unhappy with the Justice Department’s failure to answer for these errors and omissions, writing, “How these misrepresentations occurred remains unexplained to the court.” The court finds that in light of such impropriety, the new procedures proposed by Attorney General John Ashcroft in March would give prosecutors too much control over counterintelligence investigations, and would allow the government to misuse intelligence information for criminal cases. The ruling is a severe blow to Ashcroft’s attempts since the 9/11 attacks to allow investigators working in terrorism and espionage to share more information with criminal investigators. (These limitations were put in place after the Church Commission’s findings of massive fraud and misuse of domestic surveillance programs during the 1950s, 60s, and 70s. See April, 1976, January 29, 1976, and December 21, 1974). The Justice Department says of the decision, “We believe the court’s action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us.” Interestingly, the Justice Department also opposed the public release of FISC’s decision not to grant the requested powers. Stewart Baker, former general counsel of the NSA, calls the opinion “a public rebuke. The message is you need better quality control. The judges want to ensure they have information they can rely on implicitly.” Bush officials have complained since the 9/11 attacks that FISA requirements hamper the ability of law enforcement and intelligence agents to track terrorist suspects, including alleged hijacking conspirator Zacarias Moussaoui (see August 16, 2001). Those requirements mandate that agents must show probable cause that the subject of a search or wiretap is an agent of a foreign government or terrorist group, and, because FISA standards for obtaining warrants is far lower than for ordinary criminal warrants, mandate strict limits on the distribution of information secured from such investigations. The FBI searched Moussaoui’s laptop computer and other belongings without a FISA warrant because some officials did not believe they could adequately show the court that Moussaoui had any connections to a foreign government or terrorist group. In its ruling, FISC suggests that if the Justice Department finds FISA too restrictive, they should ask Congress to update the law. Many senators on the Judiciary Committee say they are willing to enact such reforms, but have complained of resistance from Ashcroft and a lack of cooperation from the Bush administration. [Washington Post, 8/23/2002] In November 2002, the Foreign Intelligence Surveillance Court of Review will overturn the FISC decision and give the Justice Department what it asked for (see November 18, 2002).

Entity Tags: Foreign Intelligence Surveillance Court, Federal Bureau of Investigation, Charles Grassley, US Department of Justice, Stewart Baker, Zacarias Moussaoui, National Security Agency, John Ashcroft, Church Commission, USA Patriot Act, Louis J. Freeh, Michael Resnick

Timeline Tags: Civil Liberties

The Heritage Foundation sponsors a celebration of the US’s impending withdrawal from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972 and June 14, 2002). The invitation reads: “ABM: RIP. For 30 years, the Anti-Ballistic Missile Treaty has served to bolster the policy of mutually assured destruction (MAD) and impose crippling restrictions on the nation’s missile defense programs (see March 23, 1983). President Bush, recognizing the inappropriateness of MAD and the policy of vulnerability to missile attack, announced on December 13, 2001 (see December 13, 2001) that the United States is withdrawing from the treaty.” Several hundred conservatives, including senators, House representatives, generals, policy makers, and academics, gather in the caucus room of the Russell Senate Office Building on Capitol Hill, taking part in what one participant calls “a cheerful wake for a flawed treaty.” Author J. Peter Scoblic will write: “The mood was, not surprisingly, buoyant, for ‘flawed’ was really too mild a description for the loathing the assembled crowd felt for the agreement. To the right wing, the ABM Treaty had symbolized everything that was wrong with American foreign policy during the Cold War: negotiating with evil, fearing nuclear war instead of preparing to win it (see Spring 1982 and January 17, 1983), and abandoning faith in American exceptionalism and divine superiority.” [Scoblic, 2008, pp. 157]

Entity Tags: J. Peter Scoblic, Heritage Foundation

Timeline Tags: US International Relations

A day after the US’s unilateral withdrawal from the 1972 Anti-Ballistic Missile (ABM) Treaty goes into effect (see May 26, 1972 and December 13, 2001), Russia announces that it will no longer abide by the terms of the 1993 START II missile reduction treaty. [Federation of American Scientists, 1/15/2008; Federation of American Scientists, 1/15/2008]

Entity Tags: Russia, Bush administration (43)

Timeline Tags: US International Relations

G. Gordon Liddy discussing the lawsuit from Ida Maxine Wells.G. Gordon Liddy discussing the lawsuit from Ida Maxine Wells. [Source: Associated Press]Former Democratic National Committee (DNC) secretary Ida Maxine Wells, whose DNC office was burglarized as part of the Watergate conspiracy (see 2:30 a.m.June 17, 1972), sues convicted Watergate burglar G. Gordon Liddy for defamation of character. “It’s definitely deja vu,” says Wells, who is now the dean of liberal arts at a Louisiana community college. Wells is suing Liddy, now a conservative talk radio host, over comments he made in speeches in 1996 and 1997. Liddy told his audiences that Watergate was really about a ring of prostitutes being run out of the Watergate offices of the DNC. (Liddy was behind a widely discredited 1991 book, Silent Coup, that made similar charges—see May 6, 1991.) Liddy said that Wells kept pictures of a dozen scantily-clad prostitutes in her desk drawer, presumably to display to potential clients. Wells has filed the suit before; a judge threw it out, but an appeals court reinstated it. The first time the suit went to trial, it resulted in a hung jury. A circuit court has allowed Wells to refile the case. Liddy’s lawyers are using a First Amendment freedom of speech defense. If Wells wins, Liddy says, “people will not be able to talk about this theory anymore. And it’s a theory that makes sense to a lot of people.” No one should be prevented from “speaking out about history, particularly when he’s repeating the published literature.” Liddy’s attorneys are advancing Liddy’s claim that the burglary was an attempt to “get sexual dirt to use against the Democrats.” One piece of evidence they show jurors is a documentary about Watergate that originally aired on the A&E network that claims no motive for the burglary has ever been confirmed. The documentary includes an interview with one of the Washington, DC police officers who arrested Liddy, Carl Shoffler, who says in the interview that he found a key to Wells’s desk in the pocket of one of the burglars. “We wouldn’t be sitting around again with all the puzzling and all the mysteries had we taken the time to find out what that key was about,” Shoffler said. Shoffler has since died. [Associated Press, 1/1/2001; Washington Post, 6/25/2002]

Entity Tags: Democratic National Committee, Carl Shoffler, Ida Maxine Wells, G. Gordon Liddy

Timeline Tags: Nixon and Watergate

White House chief of staff Andrew Card forms the White House Iraq Group, or WHIG, which aims to “educate the public” about the alleged threat from Iraq. WHIG is formed concurrently with the Office of Special Plans (see September 2002). A senior official involved with the group will later describe it as “an internal working group, like many formed for priority issues, to make sure each part of the White House was fulfilling its responsibilities.” [Washington Post, 8/10/2003] According to White House deputy press secretary Scott McClellan, the WHIG is “set up in the summer of 2002 to coordinate the marketing of the [Iraq] war,” and will continue “as a strategic communications group after the invasion had toppled Saddam [Hussein]‘s regime.” McClellan, who will become a full-fledged member of the WHIG after rising to the position of senior press secretary, will write: “Some critics have suggested that sinister plans were discussed at the WHIG meetings to deliberately mislead the public. Not so. There were plenty of discussions about how to set the agenda and influence the narrative, but there was no conspiracy to intentionally deceive. Instead, there were straightforward discussions of communications strategies and messaging grounded in the familiar tactics of the permanent campaign.” [McClellan, 2008, pp. 142] Author Craig Unger will sum up the WHIG’s purpose up more bluntly: “to sell the war.” Members of the group include White House political advisers Karl Rove, Karen Hughes, Mary Matalin, James R. Wilkinson, and Nicholas E. Calio, and policy advisers led by National Security Adviser Condoleezza Rice, her deputy Stephen Hadley, and Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby. They meet weekly in the White House Situation Room. A “strategic communications” task force under the WHIG is charged with planning speeches and writing position papers. [Washington Post, 8/10/2003; Unger, 2007, pp. 241]
Marketing Fear, Idea of Invasion as Reasonable - After Labor Day 2002—and after suitable test marketing—the group launches a full-fledged media marketing campaign. The images and storyline are simple and visceral: imminent biological or chemical attack, threats of nuclear holocaust, Saddam Hussein as a psychopathic dictator who can only be stopped by American military force. A key element of the narrative is forged documents “proving” Iraq sought uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). One of the main objectives is to swing the dialogue ever farther to the right, creating the assumption in the public mind that war with Iraq is a thoughtful, moderate, well-reasoned position, and delegitimizing any opposition. To that end, Cheney stakes out the “moderate” position, with statements like “many of us are convinced that Saddam will acquire nuclear weapons fairly soon” (see August 26, 2002), and neoconservatives such as Michael Ledeen pushing the extremes ever rightward with calls to invade not only Iraq, but Iran, Syria, and Saudi Arabia (see September 20, 2001, August 6, 2002, and September 4, 2002). The real push is delayed until the second week of September. As Card reminds the group, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). The first anniversary of the 9/11 attacks is a perfect opportunity to launch the new campaign (see September 8, 2002). [Unger, 2007, pp. 250-251] Wilkinson, the group’s communications director, is tasked with preparing one of the group’s first public releases, a white paper that will describe the “grave and gathering danger” of Iraq’s “reconstituted” nuclear weapons program. Wilkinson will claim that Iraq “sought uranium oxide, an essential ingredient in the enrichment process, from Africa.” [CounterPunch, 11/9/2005]
'Push[ing] the Envelope' - According to an intelligence source interviewed by the New York Daily News in October 2005, the group, on “a number of occasions,” will attempt “to push the envelope on things.… The [CIA] would say, ‘We just don’t have the intelligence to substantiate that.’” [New York Daily News, 10/19/2005] In 2003, three unnamed officials will tell a Washington Post reporter that the group “wanted gripping images and stories not available in the hedged and austere language of intelligence,” what author and reporter Charlie Savage will call “a stark display of the political benefits that come with the power to control information.” [Savage, 2007, pp. 357] In 2008, McClellan will write of “the heightened rhetoric on Iraq, including unequivocal statements that made things sound more certain than was known.” [McClellan, 2008, pp. 137]
Using Friendly Media Outlets - An important part of the WHIG strategy is to feed their messages to friendly journalists, such as New York Times reporter Judith Miller. James Bamford, in his book A Pretext for War, will write: “First OSP [Office of Special Plans] supplies false or exaggerated intelligence; then members of the WHIG leak it to friendly reporters, complete with prepackaged vivid imagery; finally, when the story breaks, senior officials point to it as proof and parrot the unnamed quotes they or their colleagues previously supplied.” [Bamford, 2004, pp. 325]

Entity Tags: Stephen J. Hadley, Scott McClellan, Saddam Hussein, Nicholas E. Calio, White House Iraq Group, Lewis (“Scooter”) Libby, Condoleezza Rice, Mary Matalin, Andrew Card, Craig Unger, James Bamford, Charlie Savage, Karen Hughes, James R. Wilkinson, Karl C. Rove

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

The Sixth US Court of Appeals in Cincinnati unanimously rejects the Bush administration’s claim for blanket secrecy regarding immigration court proceedings (see September 21, 2001). In a 3-0 ruling, the court rules in Detroit Free Press v. Ashcroft that the administration’s secret deportation-hearing policy goes too far in restricting the public’s right to know what the government is doing. Selectively closing individual deportation hearings for national security reasons might be justifiable, the court rules, but the government cannot simply sequester all such hearings. Appeals court judge Damon Keith, a Carter appointee, writes: “In an area such as immigration, where the government has nearly unlimited authority… the press and the public serve as perhaps the only check on abusive government practices.… The executive branch seeks to uproot people’s lives, outside the public eye and behind a closed door. Democracies die behind closed doors. The First Amendment, through a free press, protects the people’s right to know that their government acts fairly, lawfully, and accurately in deportation proceedings. When the government begins closing doors, it selectively controls information rightly belonging to the people. Selective information is misinformation. The Framers of the First Amendment did not trust any government to separate the true from the false for us. They protected us against secret government.” Keith is well known for his widely cited ruling of 30 years before against a government program of warrantless wiretapping (see June 19, 1972). [Savage, 2007, pp. 95] Another appeals court will rule in favor of the Bush administration in a separate lawsuit on the same issue (see October 2, 2002).

Entity Tags: Damon Keith, US Department of Justice, Detroit Free Press

Timeline Tags: Civil Liberties

According to a senior intelligence official interviewed by the Associated Press in June of 2003, the CIA shares with Britain the results of Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), advising British intelligence that claims that Iraq attempted to procure uranium from Niger are unsubstantiated. But another report, by the Observer the following month, contradicts this AP report. It cites a series of letters to the British Foreign Affairs Committee which show that although the US had asked Britain not to use the Africa-uranium claim, they did not provide any details about Wilson’s mission to Niger. [Associated Press, 6/12/2003; Observer, 7/13/2003; Time, 7/21/2003] In spite of this warning, Britain publishes a dossier in September which includes the claim.(see September 24, 2002)

Entity Tags: Joseph C. Wilson, Central Intelligence Agency

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

Photo of aluminum tubes intercepted by Western intelligence.Photo of aluminum tubes intercepted by Western intelligence. [Source: CIA]The final, published report from British intelligence about Iraq’s WMD programs is released. Prepared by Joint Intelligence Committee (JIC) chairman John Scarlett and known as the “Scarlett dossier,” it contains much the same vagaries of language that the previous draft versions contained (see September 10-11, 2002 and September 16, 2002).
Contradictory Claims about African Uranium - Chapter 3 tells the reader “what we know” about Iraqi WMD, including the statement that “Uranium has been sought from Africa.” Unfortunately, the first and second drafts’ language clearly indicated that British intelligence does not “know” anything about the uranium deal, but merely believes the claim to be true. Author Dennis Hans writes in 2003, “Properly interpreted, the list is evidence not of Iraq’s capabilities, actions, and intentions, but of a JIC policy of saying ‘we know’ when the JIC doesn’t know, so as to lend undeserved credibility to the claims.” The language of the final draft contradicts the claim of established fact; later in Chapter 3, the “compelling evidence” of earlier drafts has been downgraded to merely stating, “But there is intelligence that Iraq has sought the supply of significant quantities of uranium from Africa.” And in the executive summary, Scarlett writes, “As a result of the intelligence we judge” that, among other things, Iraq has “sought significant quantities of uranium from Africa, despite having no active civil nuclear power programme that could require it.” The language is similar to that of the first draft, but a statement saying “we judge” is not the same as a statement saying “we know.” Hans concludes, “In any event, the published dossier, carefully reviewed by the best and brightest of the British intelligence and the Blair administration’s communications staff, presents three different interpretations: a ‘judgment’ in the executive summary, a statement of fact in Chapter 3, and a vague ‘there is intelligence’ claim in Chapter 3. Take your pick.” Prime Minister Tony Blair uses the dossier to flatly assert that “we now know the following”: that Iraq indeed tried to purchase uranium from Africa, “though we do not know whether he has been successful” (see September 24, 2002). [Common Dreams (.org), 8/26/2003; Hutton Inquiry, 1/28/2004] Later reporting will reveal that the main source for the dossier’s Africa-uranium allegation was in fact an Italian intelligence report (see Mid-October 2001) that was based on the same set of forged documents that formed the basis of the US allegations. [La Repubblica (Rome), 10/24/2005; La Repubblica (Rome), 10/25/2005]
'No Definitive Intelligence' on Aluminum Tube Allegations - In the section discussing Iraq’s alleged nuclear weapons program, the dossier says there “is no definitive intelligence evidence” that the shipment of aluminum tubes intercepted by the CIA was intended for use in an Iraqi nuclear program. This assessment of the tubes contradicts the majority view at the CIA. [United Kingdom, 9/24/2002]
'Echo Chamber,' 'Disinformation Campaign' - Former CIA official Milt Bearden will later say, “When you are playing a disinformation campaign, you’re like a conductor who can single out one note in the symphony and say, ‘Let the Brits have that.’” Author Craig Unger will note that by the time the “Scarlett dossier” is released, between the various US and British claims and the array of reports in the media, it seems as if the claims of Iraq trying to buy Nigerien uranium are coming from multiple sources, “when in fact there [is] merely an echo chamger of corroboration.” [Unger, 2007, pp. 259]
Claim that Iraq Can Launch WMD within 45 Minutes - Perhaps the most infamous portion of the dossier is the claim that Iraq can launch weapons of mass destruction against chosen targets within 45 minutes of the order being given. That particular claim was not in the drafts of the dossier, and was apparently inserted by Blair administration officials seeking to bolster the case for war with Iraq. The Blair government will later deny that assertion. [Associated Press, 2/18/2008] After it is revealed early the following year that the US had relied on intelligence based on forged documents, the British will insist that they have additional evidence to support their claims (see March 7, 2003-July 7, 2003). [Sunday Times (London), 11/6/2005]

Entity Tags: UK Secret Intelligence Service (MI6), Milt Bearden, Joint Intelligence Committee, John Scarlett, Dennis Hans, Craig Unger, SISMI, Central Intelligence Agency, Tony Blair

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

After learning that the recent British dossier on Iraq (see October 7, 2002) included the allegation that Iraq had attempted to obtain uranium from Niger, Joseph Wilson, the former ambassador who had visited Niger in February 2002 (see February 21, 2002-March 4, 2002) and concluded the allegations were false, contacts the CIA and advises the agency to inform the British about his trip. [Independent, 6/29/2003]

Entity Tags: Central Intelligence Agency, Joseph C. Wilson

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

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