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Context of 'August 10, 2009: Palin Calls for Civility at Health Care Reform Protests'

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Anti-abortion advocate Michael Bray (see September 1994), serving four years for conspiracy in firebombing 10 abortion clinics in Virginia, Maryland, and the District of Columbia, tells a CBS reporter, “I consider blowing up a place where babies are killed a justifiable act.” Bray is a Lutheran minister. [Feminist Women's Health Center News, 2010]

Entity Tags: Michael Bray

Timeline Tags: US Health Care, US Domestic Terrorism

Michael E. Tigar, the lead defense attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998), says evidence given to the defense near the end of the federal trial provided enough information about another suspect to warrant a new trial (see March 31 - April 12, 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, April 13, 1995, April 15, 1995, April 15, 1995, April 15, 1995, April 16-19, 1995, 3:00 p.m. April 17, 1995, 3:00 - 5:00 p.m. April 17, 1995, April 17-21, 1995, (6:00 p.m.) April 17, 1995, 9:00 p.m. April 17, 1995, 8:00 a.m. April 18, 1995, 7:00 p.m. April 18, 1995, April 18, 1995, and Early Morning, April 19, 1995). “Government counsel argued that Mr. Nichols mixed the bomb and that he was with [fellow conspirator Timothy] McVeigh for long periods on April 17 and 18,” Tigar states (see April 13, 1995, April 15, 1995, April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and Early Afternoon, April 18, 1995). “The withheld evidence contradicts this key government theory.” Tigar called a number of witnesses who said they saw McVeigh with an unknown suspect known as “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) and/or other people during key periods in the days and weeks leading up to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Tigar will demand those documents for his new trial request. [New York Times, 7/8/1999; Mayhem (.net), 4/2009] Judge Richard P. Matsch, who presided over the first trial, will deny Nichols’s request. [New York Times, 9/14/1999] In December 2000, a federal appeals court will also deny the request. [New York Times, 12/19/2000]

Entity Tags: Michael E. Tigar, Timothy James McVeigh, Terry Lynn Nichols, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

US Representative Ron Paul (R-TX) introduces the so-called “Liberty Amendment” as, his office says in a press release, “what should be 28th Amendment to the US Constitution; HJ116, the Liberty Amendment.” The Liberty Amendment would repeal the 16th Amendment, which gives the federal government the right to levy income, estate, and gift taxes, and would severely limit the power of the federal government in areas not strictly defined by the Constitution, giving vast new powers to the states instead. The Liberty Amendment was first introduced in Congress in 1952; in 1957, Representative Elmer Hoffman (R-IL) reintroduced it with the new prohibitions on federal taxations. The Anti-Defamation League will write, “In this form, the amendment garnered considerable support among extreme right-wing conservatives as well as the budding libertarian movement.” Right-wing libertarian Willis Stone became the chairman of the Liberty Amendment Committee in the late 1950s, and for years attempted to raise support for the amendment. In recent years, Paul has become the champion of the amendment. After introducing the amendment, Paul tells reporters: “Over the years this amendment has enjoyed widespread support and has been introduced several times in the past by various members of Congress, but finally this measure has a chance of success given the conservative Congress and mood of the country in favor of a more limited, constitutional government which respects individual liberty.… The income tax is the most regressive tax imaginable, allowing government to take first claim on our lives. The income tax assumes government owns us, as individuals, and has a sovereign claim to the fruits of our labor. This is immoral. But government has been compelled to levy this economically damaging tax because government has grown so big. By reducing the size of the federal government to those functions strictly enumerated in the Constitution, there will no longer be a need for the income tax.… Once again, Americans are being treated to hearings on the abuses of the IRS. For as abusive as the IRS is, it is in fact simply the predictable result of the underlying income tax. By eliminating the income tax, we will go a long way toward eliminating these abuses.” Paul has regularly introduced the amendment in the House since 1981. [Ron Paul, 4/28/1999; Anti-Defamation League, 2011] The Liberty Amendment is part of the anti-tax movement stemming at least as far back as 1951 (see 1951-1967).

Entity Tags: Willis Stone, Anti-Defamation League, Elmer Hoffman, Ron Paul, Liberty Amendment, Liberty Amendment Committee

Timeline Tags: Domestic Propaganda

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), writes in the Alliance’s monthly Bulletin: “People who are living comfortably now will resist doing anything to jeopardize their situations. Cowards will remain cowards. But a growing minority of serious, moral people will admit finally, at least to themselves, that we have tolerated the Jews for far too long and that revolution is the correct course for patriots.” [Center for New Community, 8/2002 pdf file]

Entity Tags: William Luther Pierce, National Alliance

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), acquires the largest white power music distributor in the US and renames it Resistance Records (see Late 1993). Some older Alliance members question the wisdom of spending large amount of funds on a white power music label that markets “skinhead” heavy metal and other musical products; Pierce reassures them that the purchase will not only prove to be a valuable way to reach younger potential members, but will generate funds for the organization, saying, “As Resistance Records regains strength, that acquisition should add an increasing number of younger members, in the 18-25 age range, to our ranks.” Pierce is right on both counts. Also, the acquisition brings Pierce closer to the German neo-Nazi party, the National Democratic Party of Germany (NDP). [Center for New Community, 8/2002 pdf file]

Entity Tags: William Luther Pierce, National Alliance, Resistance Records, National Democratic Party of Germany

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) is transferred to the federal penitentiary in Terre Haute, Indiana. The facility is the only federal prison in the US equipped with an execution chamber (see June 11-13, 1997). [Douglas O. Linder, 2001; Washington Post, 5/25/2007]

Entity Tags: Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Buford Furrow.Buford Furrow. [Source: Eye on Hate (.com)]Buford O’Neal Furrow, a security guard and member of the white supremacist Aryan Nations organization (see Early 1970s), attacks a day care center at the North Valley Jewish Community Center in Los Angeles. Apparently to avoid capture, Furrow leaves his van behind and hijacks a car to drive to the center. Upon entering, he opens fire with an Uzi submachine gun, wounding three children, a counselor, and a receptionist. Investigators will determine that Furrow fires 70 shots. Furrow flees the scene and shortly thereafter encounters letter carrier Joseph Ileto, a Filipini-American. Furrow approaches Ileto and asks him if he can post a letter for him. As Ileto reaches for the piece of mail, Furrow pulls a Glock 9mm pistol and shoots him twice. Ileto attempts to get away, but Furrow pumps seven more bullets into his back. Ileto dies at the scene. Furrow will surrender the next day in Las Vegas, where he has fled the manhunt by state and local officials. He later tells investigators that the shootings are a “wake-up call” to Jews and white supremacist groups, and that he considered Ileto a good target because he was non-white and worked for the government. Police find a book in Furrow’s van extolling the virtues of the “Christian Identity” movement (see 1960s and After). Some will speculate that Furrow was acting as a “Phineas Priest” (see [1990), Christian Identity members who believe God has called them to carry out violent attacks. The book details how to become a “Phineas Priest,” and gives examples of successful actions, including the murder of radio show host Alan Berg (see June 18, 1984 and After). To avoid the death penalty, Furrow will plead guilty and be sentenced to two life sentences without parole, plus 110 years in prison and $690,294 in restitution. The judge will tell him, “Your actions were a reminder that bigotry is alive.” Referring to the support the center victims receive after the shootings, the judge concludes, “If you’ve sent a message, it is that even the most violent crimes can strengthen a community.” [CNN, 1/24/2001; Eye on Hate, 2003; Seattle Post-Intelligencer, 2010] Investigators will later learn that Furrow may be mentally unstable, and that he was frequently in short-term state psychiatric facilities, where he often expressed his desire to maim and kill. To questions that Furrow should have been involuntarily committed before the community center shootings, psychiatry professor Renee Binder will say: “What does society do with these people? Most people would say that being a racist with violent fantasies is not against the law. Racism is not something that is designated as an illness that can be treated by mental health professionals.” And Seattle official Ron Sims says: “The problem I have is that people are trying to build a case that this killing was done because the man was insane. What he did was cowardly, repulsive, and a very irrational act. But mental illness was not the cause. Hatred was. This guy came out of a culture of hatred.” [New York Times, 8/14/1999]

Entity Tags: North Valley Jewish Community Center, Buford Furrow, Aryan Nations, Joseph Ileto, Renee Binder, Ron Sims

Timeline Tags: US Domestic Terrorism

One of the few survivors of the April 1993 conflagration that killed over 70 members of the Branch Davidian sect near Waco, Texas (see April 19, 1993), writes of the events of that day and their aftermath. David Thibodeau was in the Mt. Carmel compound when the FBI tanks and armored vehicles began crashing through the walls. He recalls walls collapsing, CS gas billowing in, and a cacophony of noise assaulting his ears, from exploding rockets (ferret rounds containing CS gas) and tank-tread squeals to the shrieks of terrified children. The idea of trying to leave the building, he writes, “seemed insane; with tanks smashing through your walls and rockets smashing through the windows, our very human reaction was not to walk out but to find a safe corner and pray.” He and his fellow Davidians found the FBI’s reassurances, delivered over loudspeakers, of “This is not an assault!” confusing, conjoined as they were with tanks smashing down walls and gas being sprayed all over the building.
No Compulsion to Stay - Thibobeau insists that Davidian leader David Koresh had no intentions of ending the siege with a mass suicide; Koresh allowed those who wanted to leave the compound, even during the siege itself. “But many of us stayed, too, not because we had to, but because we wanted to,” Thibodeau explains. “The FBI and [B]ATF (see 5:00 A.M. - 9:30 A.M. February 28, 1993) had been confrontational from the start, they had lied to us and they continued lying up through the siege.”
FBI, Not Davidians, Set Fires? - He accuses the BATF of “fabricating” the charges that led that agency to raid the compound in February, writing that false allegations of drug use prompted the raid (the raid was actually prompted by charges of illegal firearms possession and child abuse—see November 1992 - January 1993 and May 26, 1993). He notes that a CIA agent has alleged that Delta Force commandos took part in the siege (see August 28, 1999), and says that FBI audiotapes prove federal agents, not the Davidians, caused the fire that destroyed the compound, largely through the use of incendiary devices (see Late September - October 1993, August 4, 1995, and August 25, 1999 and After). Thibodeau says that other videotapes show FBI agents firing into the compound during the final assault, and BATF agents firing into the compound from helicopters during the February raid. He writes: “The FBI has not come close to revealing the full government complicity in the Waco massacre. In the years since the fire, I’ve tried desperately to find out what really happened. What I’ve discovered is disturbing.” Thibodeau finds the allegations of child abuse particularly disturbing. He says while children were spanked for disciplinary purposes, “the strict rule was they could never be paddled in anger,” and “wild allegations” that children were scheduled to be sacrificed on Yom Kippur came from a single disgruntled former resident, Marc Breault, and were not true.
Intentions to Peacefully End Siege - Thibodeau writes that Koresh intended to settle the siege peacefully, by allowing himself to be taken into custody. He intended to stay long enough to finish his treatise on the “Seven Seals” of Biblical prophecy (see April 14-15, 1993). “The FBI thought the Seven Seals issue was just a ploy, and dismissed it,” Thibodeau writes. “But it was legitimate, and in the ashes of Mount Carmel they found that Koresh had completed the first two commentaries and was hard at work on the third when the tanks rolled in.”
'No Affinity with the Right' - Thibodeau writes of the heavy irony in the fact that many right-wing separatists and supremacists such as Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) have embraced the Davidians as part of their movement. “[W]e had no affinity with the right,” he notes, and says, “One irony of the Waco disaster is that right-wing extremists and racists look to Mount Carmel as a beacon; if they realized that so many of us were black, Asian, and Latino, and that we despised their hateful politics and anger, they would probably feel bitterly betrayed.” While not all of the Davidians “leaned to the left,” he writes, “we also had a ‘live and let live’ attitude that had allowed the community to co-exist with its Texas neighbors for all those decades. We certainly weren’t as isolated as people seem to think.” [Salon, 9/9/1999]

Entity Tags: US Special Forces, David Thibodeau, David Koresh, Branch Davidians, Marc Breault, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

US Postal Inspection Service logo.US Postal Inspection Service logo. [Source: Center for Regulatory Effectiveness]Special counsel John Danforth, heading the government’s probe into the 1993 Branch Davidian tragedy (see April 19, 1993 and September 7-8, 1999), names a group of US postal inspectors to investigate claims that the FBI tried to cover up its use of incendiary devices during the final assault on the Davidian compound. Preferring not to use FBI agents to investigate allegations against the bureau, Danforth said from the outset that he would use investigators from outside the Justice Department. “My basic thought is, the FBI should not be investigating the FBI,” Danforth said. Reporters laughed when someone suggested—facetiously—that US Postal Service “cops” could conduct the investigation. Now Danforth is bringing aboard some 80 postal inspectors to look into the allegations. The use of postal inspectors may indicate Justice Department officials could be targeted by the probe. Postal Inspection Service spokesman Robert Bethel acknowledges the choice of postal inspectors may seem odd to Americans unfamiliar with the agency. “A lot of people don’t know what a postal inspector is,” he says. “If they hear of postal inspectors, they think, is that someone who inspects post offices?” Postal inspectors have been investigating federal crimes involving the mails since 1772, and often investigate crimes such as extortion, child pornography, and on occasion murder, if they involve Postal Service employees. “We’ve always been called the ‘silent service,’ because we go about our business and don’t seek publicity,” Bethel says. The specific inspectors have not yet been chosen. In 1996, postal inspectors helped FBI investigators look into the events of the 1992 Ruby Ridge standoff (see August 31, 1992) and found evidence that an FBI official had obstructed justice. [All Points Broadcasting News, 10/2/1999]

Entity Tags: US Department of Justice, Branch Davidians, Robert Bethel, Federal Bureau of Investigation, John C. Danforth, US Postal Inspection Service

Timeline Tags: 1993 Branch Davidian Crisis

The FBI releases its report on what it calls “Project Megiddo,” an examination of what it calls “the potential for extremist criminal activity in the United States by individuals or domestic groups who attach special significance to the year 2000.” The report is released to law enforcement agencies throughout the country, but not to the public. A statement accompanying the report reads in part: “The threat posed by extremists as a result of perceived events associated with the year 2000 (Y2K) is very real. The volatile mix of apocalyptic religious and [New World Order] conspiracy theories (see February 4, 1999) may produce violent acts aimed at precipitating the end of the world as prophesied in the Bible.” The report is based on nine months of intelligence and data collection by the domestic terrorism unit of the FBI. Soon after its release, the Center for Studies on New Religions (CESNUR) will obtain a copy and release it on the Internet. The report’s executive summary notes that “Megiddo,” a hill in northern Israel, is the site of a number of Biblical-era battles, and the Hebrew word “armageddon” derives from a Hebrew phrase meaning “hill of Megiddo.” The Bible’s depiction of “Armageddon” is, the report states, “the assembly point in the apocalyptic setting of God’s final and conclusive battle against evil. The name ‘Megiddo’ is an apt title for a project that analyzes those who believe the year 2000 will usher in the end of the world and who are willing to perpetrate acts of violence to bring that end about.” While much of the media-fueled debate about the upcoming “end of the millennium” focuses on technological issues, such as the anticipated widespread disabling of computer networks and the like, the FBI report focuses more specifically on the religious connotations of the time as viewed by far-right “Christian Identity” (see 1960s and After) and related white supremacist, separatist, and militia organizations. The report, the summary states, “is intended to analyze the potential for extremist criminal activity in the United States by individuals or domestic extremist groups who profess an apocalyptic view of the millennium or attach special significance to the year 2000.” It is difficult to say what groups may pose a threat as 1999 comes to a close, the report states, as it is difficult to anticipate which groups will follow through on their rhetoric and which will not. Moreover, the report notes, many domestic extremist groups are not traditionally structured in a hierarchical fashion; the possibility of “lone wolf” strikes by individuals operating outside a militia or extremist group may in some cases outweigh the likelihood of violent assaults carried out by such groups. The report notes that the worst domestic terrorist event in US history, the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), was carried out by two “lone wolves,” Timothy McVeigh and Terry Nichols. The report finds few indications of what it calls “specific threats to domestic security,” but focuses more on suspicious activities by a variety of militia groups who are arming themselves, stockpiling food, raising money through illegal means, and other actions which may serve as a warning of future violence. Problems caused by “Y2K glitches” such as power outages and computer failures may be interpreted by some extremist groups as the first actions of a government assault on the citizenry, the FBI warns, and may precipitate violent responses. [Ontario Consultants on Religious Tolerance, 10/1999; Federal Bureau of Investigation, 10/20/1999; Washington Post, 10/31/1999] The right-wing news blog WorldNetDaily will accuse the FBI of issuing the report to “set up” militia groups as patsies for the government’s own terrorist activities (see December 9, 1999).

Entity Tags: Timothy James McVeigh, Federal Bureau of Investigation, Center for Studies on New Religions, Terry Lynn Nichols, WorldNetDaily

Timeline Tags: US Domestic Terrorism

Around 10,000 people attend the “Center for Preparedness Expo” in Denver to prepare for the imminent “Y2K” collapse of society warned of by many white separatists and “Patriot” movement members (see October 20, 1999 and February 4, 1999). The expo has traveled the country, including a stop in Philadelphia in June. Promoter Dan Chittock says the show offers “practical information for the uncertain times we live in,” but Mark Potok of the Southern Poverty Law Center says the expo features what he calls “a queer mix of people interested in organic farming and political extremism.” Visitors can buy anything from radiation detectors, tents, and survival rations to guides on avoiding income taxes and making their own license plates to avoid paying licensing fees for their vehicles. Lectures are offered with such titles as “Trapping Techniques for Self-Reliance and Survival,” “Don’t Get Caught With Your Pantry Down,” and “Save Your Life, Be Your Own Doctor.” Three seminars are about life under martial law. Previous expos have featured speakers such as militia leader Bo Gritz, who has spoken about coming plagues, imminent food shortages, and how President Clinton has sold out America. Stephen O’Leary, a University of Southern California professor who studies beliefs about the millennium, says that the expos have become recruitment centers for anti-government, survivalist militia groups who often hold racist and anti-Semitic views. “It’s not just about preparing for an emergency or disaster,” he says. “What they’re selling is a whole world view—a program for the apocalypse.” Potok, who has attended previous expos, says “it’s not unusual to see booths for the John Birch Society (see March 10, 1961 and December 2011) and the Montana Militia next to a granola salesman.” The radical right, Potok says, is using fears of the upcoming millennium—“Y2K”—to fuel hysteria about what they say is the imminent declaration of martial law by the federal government and the eradication of constitutional liberties. Chittock calls such concerns “nonsense.” Barry Morrison of the Anti-Defamation League says of the expos: “What we’re concerned about is that some people take the position that the government is not to be trusted. Some of these exhibitors… portray people like Jews in an unfavorable light and as having undue control over their lives.” Morrison says anti-Semitic tracts espousing “Christian Identity” ideology (see 1960s and After) have appeared at previous expos. He also says Gritz’s Liberty Lobby is “the most influential anti-Semitic propaganda organization in America today.” He adds: “I’m not saying everyone [at the expos] is an extremist or subscribes to those views, but this is a vehicle that attracts that element. It’s part of the mix.” [Philadelphia Inquirer, 6/11/1999; Southern Poverty Law Center, 6/2001]

Entity Tags: Stephen O’Leary, Montana Militia, Dan Chittock, John Birch Society, Barry Morrison, Mark Potok, James (“Bo”) Gritz

Timeline Tags: US Domestic Terrorism

Congress allocates $10 million “to support efforts to bring about political transition in Iraq, of which not less than $8 million shall be made available only to Iraqi opposition groups designated under the ILA [Iraq Liberation Act of 1998] for political, economic humanitarian, and other activities of such groups, and not more than $2 million may be made available for groups and activities seeking the prosecution of Saddam Hussein and other Iraqi Government officials for war crimes.” President Clinton signs the appropriation bill into law on November 29. [US Congress, 11/29/1999 pdf file] This $10 million dollars is the first allocation of funds to Iraqi opposition groups out of the total $97 million that was authorized by the 1998 Iraq Liberation Act (see October 31, 1998).

Entity Tags: William Jefferson (“Bill”) Clinton, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

Kevin Ray Patterson and Charles Dennis Kiles, both members of California’s San Joaquin Militia, are charged for plotting to blow up two 12 million gallon propane tanks in Elk Grove, California, along with a television tower and an electrical substation, in hopes of setting off a large-scale insurrection. The tanks are a few hundred yards from heavily traveled state Highway 99 and a half-mile from a subdivision. The FBI has dubbed the case the “Twin Sisters” trial, after the two’s nickname for the propane tanks. A threat assessment report by the Lawrence Livermore Laboratory estimates that, if successful, the explosion would have killed up to 12,000 people, set off widespread fires, and badly injured people within a five-mile radius of the explosion. Patterson has said he intended to use a fertilizer bomb similar to that used to destroy a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). A search of Patterson’s and Kiles’s homes reveals guns, ammunition, bomb chemicals, and methamphetamine ingredients. The San Joaquin Militia has been under observation by the Sacramento Joint Terrorism Task Force since 1996. The perpetrators called the propane tanks a “target of opportunity” that are susceptible to sabotage and, if destroyed, would cause a major disturbance and cause the government to declare martial law. The “Twin Sisters” plot is part of a larger conspiracy by militia groups to undermine and destabilize the federal government. Militia leader Donald Rudolph, also involved in the plot, will plead guilty to plotting to kill a judge, and will cooperate with the FBI in the investigation. Kiles’s son Jason Kiles tells a reporter: “My father ain’t no terrorist. I don’t care what they say.” Patterson and Kiles will receive 21-year prison terms for the threatened use of a weapon of mass destruction. Rudolph receives a five-year term. [Associated Press, 12/7/1999; Southern Poverty Law Center, 6/2001; Federal Bureau of Investigation, 2009; FBI Sacramento Division, 2011]

Entity Tags: Jason Kiles, Charles Dennis Kiles, Federal Bureau of Investigation, San Joaquin Militia, Donald Rudolph, Kevin Ray Patterson

Timeline Tags: US Domestic Terrorism

Joseph Farah, the publisher of the right-wing news blog WorldNetDaily, blasts the FBI for issuing its “Project Megiddo” report, which warns of possible domestic terror activities centering on the transition into the “new millennium” at year’s end (see October 20, 1999). Farah calls the report “more than slanderous, bigoted, and inciteful,” and accuses the FBI of “set[ting] up a system of self-fulfilling prophecies that permits the government to scapegoat groups of people who are enticed into committing illegal acts or conspiring about them by agents provocateur.” Farah claims that his assertions are proven by his belief that the federal government carried out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) to discredit the far right. “Remember this the next time you hear about a so-called ‘terrorist incident,’” Farah concludes. “And, tell your representatives and senators it’s time to rein in the mad bombers and provocateurs in our own government.” [WorldNetDaily, 12/9/1999]

Entity Tags: Joseph Farah, WorldNetDaily, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

The State Department begins funding the Iraqi National Congress’ “information collection” program to the tune of $150,000 per month. The program is part of the US government’s larger goal of effecting a regime change in Iraq (see October 31, 1998). According to the agreement between the State Department and the INC, the group is permitted to use the money to “implement a public information campaign to communicate with Iraqis inside and outside of Iraq and also to promulgate its message to the international community at large.” The INC is prohibited from engaging in activities “associated with, or that could appear to be associated with, attempting to influence the policies of the United States Government or Congress or propagandizing the American people.” But according to Francis Brooke, an INC spokesman, some of the State Department’s funds are used to finance the expenses of Iraqi defectors who serve as the sources for several US news stories. Brookes claims that there are “no restrictions” on the use of US federal funds to make defectors available to the media. Another Chalabi spokesman will say: “The INC paid some living and travel expenses of defectors with USG funds. None of these expenses was related to meeting journalists.” He adds that the INC “did not violate any US laws.” [Newsweek, 4/5/2004]

Entity Tags: Francis Brooke, US Department of State, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

An image from the ‘60 Minutes’ broadcast of its interview with Timothy McVeigh.An image from the ‘60 Minutes’ broadcast of its interview with Timothy McVeigh. [Source: CBS News]CBS News airs a February 22, 2000 interview with convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997), awaiting execution in an Indiana federal prison (see July 13, 1999). McVeigh was interviewed by CBS reporter Ed Bradley for a 60 Minutes segment. McVeigh set only one condition for the interview: that Bradley not ask him whether he bombed the Murrah Federal Building. CBS does not air the entire interview, but runs selected excerpts interspersed with comments from others, including family members of the bombing victims. McVeigh spoke about his political ideology, his service in the Gulf War (see January - March 1991 and After), and what he considers to be his unfair criminal trial (see August 14-27, 1997). He expressed no remorse over the dead of Oklahoma City, and blamed the US government for teaching, through what he says is its aggressive foreign policy and application of the death penalty, the lesson that “violence is an acceptable option.” McVeigh described himself as returning from the Gulf War angry and bitter, saying: “I went over there hyped up, just like everyone else. What I experienced, though, was an entirely different ballgame. And being face-to-face close with these people in personal contact, you realize they’re just people like you.” Jim Denny, who had two children injured in the bombing, said he did not understand McVeigh’s Gulf War comparison: “We went over there to save a country and save innocent lives. When he compared that to what happened in Oklahoma City, I didn’t see the comparison. He came across as ‘the government uses force, so it’s OK for its citizens to use force.’ We don’t believe in using force.” McVeigh told Bradley that he “thought it was terrible that there were children in the building,” which provoked an angry reaction from Jannie Coverdale, who lost two grandchildren in the blast. “Timothy McVeigh is full of it,” she said. “He said it was terrible about the children. He had been to the Day Care Center. He had talked to the director of the Day Care Center. He knew those children were there.” McVeigh explained that the use of violence against the government could be justified by the fact that the government itself uses violence to carry out its aims. “If government is the teacher, violence would be an acceptable option,” he said. “What did we do to Sudan? What did we do to Afghanistan? Belgrade? What are we doing with the death penalty? It appears they use violence as an option all the time.” He said that the ubiquitous pictures of himself in an orange jumpsuit, leg irons, and handcuffs that made the rounds of the media two days after his arrest (see April 21, 1995) were “the beginning of a propaganda campaign.” Jurors, however, denied that pretrial publicity influenced their judgment. Juror John Candelaria told Bradley, “He’s the Oklahoma City bomber, and there is no doubt about it in my mind.” McVeigh refused to express any regrets or a wish that his life could have gone in a different direction, telling Bradley: “I think anybody in life says, ‘I wish I could have gone back and done this differently, done that differently.’ There are moments, but not one that stands out.” He admitted to forging something of a friendship with one of his former cellblock colleagues in the Colorado supermax prison he formerly occupied, Theodore “Ted” Kaczynski, the Unabomber. McVeigh said that while Kaczynski is “far left” while he is “far right” politically, “I found that, in a way that I didn’t realize, that we were much alike in that all we ever wanted or all we wanted out of life was the freedom to live our own lives however we chose to.” [Douglas O. Linder, 2001; CBS News, 5/11/2001; Douglas O. Linder, 2006; CBS News, 4/20/2009]

Entity Tags: Ed Bradley, CBS News, Theodore J. (“Ted”) Kaczynski, Jim Denny, Timothy James McVeigh, John Candelaria, Jannie Coverdale

Timeline Tags: US Domestic Terrorism

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), asks on the Alliance’s weekly radio broadcast American Dissident Voices (ADV), “Why should I not be able to do what is right and natural and kill those who commit such an abomination?” Pierce is referring to white women who date African-American men (see 1988 and November 26, 2004). In the same broadcast, he says: “We should be going from door to door with a list of names and slaying those who have engineered this assault on our people.… And we know who the engineers are.… They are, first and foremost, the media bosses and the other leaders of the Jews.” [Center for New Community, 8/2002 pdf file]

Entity Tags: William Luther Pierce, National Alliance

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Workers put the finishing touches on the Oklahoma City National Memorial. The time of the bombing, ‘9:01,’ is inscribed on the side of the memorial.Workers put the finishing touches on the Oklahoma City National Memorial. The time of the bombing, ‘9:01,’ is inscribed on the side of the memorial. [Source: Associated Press]On the fifth anniversary of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), dedication ceremonies are held at the Oklahoma City National Memorial, built on the site of the bombed-out Murrah Federal Building. The memorial is on three acres of land, and contains a reflecting pool and 168 chairs—149 larger chairs representing the adults killed in the blast and 19 for the children who died in the bombing. [Douglas O. Linder, 2001; Indianapolis Star, 2003]

Entity Tags: Oklahoma City National Memorial, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

The Senate approves bipartisan legislation, the so-called “Stealth PAC” bill, that requires secretive tax-exempt organizations that raise and spend money on political activities to reveal their donors and expenditures. The so-called “527” organizations have flourished because until now, Section 527 of the Internal Revenue Code has protected both their nonprofit status and their right to keep their donors and funding information secret (see 2000 - 2005). President Clinton will sign the bill into law. It is the first major legislative change in American campaign finance law in two decades (see January 8, 1980). Under the new law, Section 527 organizations raising over $25,000 a year must comply with federal campaign law, file tax returns, disclose the identities of anyone contributing over $200, and report expenditures in excess of $500. That information will be reported to the IRS every three months during an election year, and the information will be posted on the Internet. The bill takes effect as soon as Clinton signs it into law.
Passed Despite Republican Opposition - The House passed the bill on a 385-39 vote; only six Senate Republicans vote against the bill. Senate and House Republican leaders have blocked the bill for months. Clinton says, “Passage of this bill proves that public interest can triumph over special interests,” and urges Congress to pass a more comprehensive overhaul of campaign finance law. Senator Russ Feingold (D-WI) says, “I’m not pretending we don’t have other loopholes to close, but those groups that have found this an easy, painless way to go on the attack are now going to have to scramble to figure out different ways.” Some ways that groups will avoid the requirements of the new law are to reorganize themselves as for-profit organizations—thus losing their tax exemptions—or trying to reorganize as other types of nonprofits. Many expect donors to rush big contributions to these 527 groups before the new law takes effect. Mike Castle (R-DE), a House Republican who supports the bill, says, “I am sure that the phones are ringing over on K Street right now about how to get money into the 527s before they are eliminated.” Senator Mitch McConnell (R-KY), who helped Senate Republicans block the bill and who voted no on its passage, now calls it a “relatively benign bill,” downplaying his stiff opposition to the bill and to campaign finance regulation in general. McConnell advised Republicans up for re-election in November 2000 to vote yes for the bill “to insulate them against absurd charges that they are in favor of secret campaign contributions or Chinese money or Mafia money.” McConnell explains that he voted against the bill because it infringes on freedom of speech (see December 15, 1986). Governor George W. Bush (R-TX), the GOP’s presidential candidate, issues a statement supporting the bill: “As I have previously stated, I believe these third-party groups should have to disclose who is funding their ads. As the only candidate to fully disclose contributors on a daily basis, I have always been a strong believer in sunshine and full disclosure.” Bush defeated Republican challenger John McCain (R-AZ) in part because of the efforts of Republicans for Clean Air, a 527 group headed by Bush financier Sam Wyly and which spent $2.5 million attacking McCain’s environmental record (see March 2000 and After). McCain helped push the current bill through the Senate, and says: “This bill will not solve what is wrong with our campaign finance system. But it will give the public information regarding one especially pernicious weapon used in modern campaigns.”
527s Used by Both Parties - Both Democrats and Republicans have created and used 527 groups, which are free from federal oversight as long as they do not advocate for or against a specific candidate. The organizations use donations for polling, advertising, telephone banks, and direct-mail appeals, but are not subject to federal filing or reporting rules as long as they do not advocate the election or defeat of a specific candidate. Some groups, such as the Republican Majority Issues Committee, a 527 organization aligned with House Majority Leader Tom DeLay (R-TX), intend to continue functioning as usual even after the bill is signed into law, while they examine their legal options. The committee head, Karl Gallant, says his organization will “continue on our core mission to give conservative voters a voice in the upcoming elections.” The Republican Majority Issues Committee is considered DeLay’s personal PAC, or political action committee; it is expected to funnel as much as $25 million into closely contested races between now and Election Day. Gallant says the organization will comply with the new law, but complains, “We are deeply concerned that Congress has placed the regulation of free speech in the hands of the tax collectors.” He then says: “We’re not going anywhere. You will have RMIC to amuse and delight you throughout the election cycle.” The Sierra Club’s own 527 organization, the Environmental Voter Education Campaign, says it will also comply “eagerly” with the new law, and will spend some $8 million supporting candidates who match the Sierra Club’s pro-environmental stance. “We will eagerly comply with the new law as soon as it takes effect,” says the Sierra Club’s Dan Weiss. “But it’s important to note that while we strongly support the passage of this reform, 527 money is just the tip of the soft-money iceberg. Real reform would mean banning all soft-money contributions to political parties.” Another 527 group affected by the new law is Citizens for Better Medicare, which has already spent $30 million supporting Republican candidates who oppose a government-run prescription drug benefit. Spokesman Dan Zielinski says the group may change or abandon its 527 status in light of the new law. “The coalition is not going away,” he says. “We will comply with whatever legal requirements are necessary. We’ll do whatever the lawyers say we have to do.” A much smaller 527, the Peace Voter Fund, a remnant of the peace movement of the 1970s and 80s, says it intends to engage in voter education and issue advocacy in about a dozen Congressional races. Executive director Van Gosse says the group will follow the new law and continue as before: “Disclosure of donors is not a major issue for us. So we’ll just say to donors in the future that they will be subject to federal disclosure requirements. It’s no biggie.” [New York Times, 6/30/2000; OMB Watch, 4/1/2002; Huffington Post, 9/28/2010]

Entity Tags: Karl Gallant, John McCain, Environmental Voter Education Campaign, Dan Zielinski, Dan Weiss, Citizens for Better Medicare, Van Gosse, US Senate, William Jefferson (“Bill”) Clinton, George W. Bush, Republican Majority Issues Committee, Republicans for Clean Air, Peace Voter Fund, Mike Castle, Mitch McConnell, Tom DeLay, Sierra Club, Sam Wyly, Russell D. Feingold

Timeline Tags: Civil Liberties

A Florida jury unanimously finds in favor of Jane Akre, a plaintiff suing Fox Television for wrongful termination. Akre and her husband, Steve Wilson, had begun filming a news story for the Tampa, Florida, Fox affiliate on the harmful effects of BGH, or bovine growth hormone. Akre and Wilson were fired when they refused orders from Fox officials to add false information favorable to Monsanto, the manufacturers of BGH, to their story (see December 1996 - December 1997). (The jury rules that Wilson was not harmed by Fox’s actions.) The jury rules that Akre warrants protection under Florida’s whistleblower law, and awards her a $425,000 settlement. Instead of paying the judgment, Fox Television appeals the decision (see February 14, 2003). [St. Louis Journalism Review, 12/1/2007]

Entity Tags: Steve Wilson, Fox Broadcasting Company, Jane Akre

Timeline Tags: Domestic Propaganda

John Prescott Ellis.John Prescott Ellis. [Source: Bush-Clinton Fraud (.com)]Fox News chairman Roger Ailes (see October 7, 1996), a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), chooses an unlikely reporter to anchor Fox’s election night coverage: John Prescott Ellis, a freelance Republican political adviser and the first cousin of George W. Bush (R-TX), the Republican presidential candidate. (Ellis is the son of George Herbert Walker Bush’s sister, Nancy Ellis.) Ellis was originally hired to cover the party primaries. A later study of voting patterns by the University of California will determine that in areas where voters have access to Fox News, the network’s relentless pro-Bush coverage shifts some 200,000 votes from Democrat Al Gore (D-TN) to Bush, but Ailes wants to make sure his network’s coverage is favorable to Bush, and has always had Ellis in mind for the election night anchor position, for which he specifically gives Ellis a 30-day contract. Ellis is very close to Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida (“Jeb” is an acronym for his full name, John Ellis Bush). Ellis recused himself from campaign coverage in a June 1999 Boston Globe column, defending George W. Bush from allegations of cocaine use, calling the Clinton-Gore administration “morally berserk,” and telling his readers, “There is no way for you to know if I am telling you the truth about George W. Bush’s presidential campaign, because in his case, my loyalty goes to him and not to you.” Instead of this posing an ethical dilemma or being seen as a conflict of interest at Fox, Ellis is Ailes’s first and only choice to anchor the network’s election coverage. (Ailes will later tell a February 2001 House committee hearing, “We at Fox News do not discriminate against people because of their family connections”—see February 14, 2001.) [Washington Post, 11/14/2000; Salon, 11/15/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; Nation, 11/6/2006; New York Magazine, 5/22/2011] Ellis will pre-emptively call the election for Bush, sparking the Florida recount controversy and helping propel his cousin into the White House (see November 7-8, 2000). In a response to testimony in the same February 2001 House committee hearing, Joan Konner, a journalism professor who will lead a CNN-commissioned independent study of the problems in that network’s election night coverage, will call Ellis’s hiring a substantial breach of journalistic ethics and standards. “If John Ellis had, indeed, made comments stating that his loyalties to the Bush family superceded any commitment he has to his profession or his employer, then I would judge that to be not only a perceived conflict-of-interest but a real conflict-of-interest for a journalist,” she will write in a letter to Representative John Dingell (D-MI). “While that does not disqualify an individual from any position as a journalist, it would, in my judgement, disqualify that person for any decision-making role involving reporting on his relatives during an election. Often friends and relatives are hired by journalism organizations because of their connections to the newsmakers. Their access to sources makes them valuable to the organization. However, the news organization should take every precaution against placing such an individual in an assignment that could result in bias in reporting.” [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: John Ellis (“Jeb”) Bush, Fox News, Boston Globe, Albert Arnold (“Al”) Gore, Jr., George W. Bush, John Dingell, Roger Ailes, Nancy Ellis, Joan Konner, John Prescott Ellis

Timeline Tags: 2000 Elections, Domestic Propaganda

Fox News chief Roger Ailes has hired John Prescott Ellis, a freelance Republican political advisor and an intensely loyal cousin of presidential candidate George W. Bush (R-TX), to head the network’s election-night coverage for the 2000 presidential election (see October-November 2000). During the election, Ellis is in constant contact with Bush and his senior campaign aides, speaking with Bush himself five separate times during the evening.
Calling Florida for Gore - At 7:52 p.m., Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida, calls Ellis to protest when Fox “mistakenly” projects Florida as going to Al Gore (D-TN). Ellis tells Jeb Bush that he is looking at a computer “screenful of Gore.” Bush reminds Ellis, “But the polls haven’t closed in the panhandle.” Ellis replies, “It’s not going to help.” Voter News Service (VNS), the voting consortium the networks all use, rates the race a 99.5 percent certainty that Gore has won Florida, a conclusion that VNS and network officials alike later say was a mistake (see February 14, 2001). The prediction is indeed inaccurate; within minutes, Gore’s lead begins to shrink again. At 9:38 p.m., VNS issues a correction of an inaccurate vote count for Duval County, stripping Gore of a number of phantom votes, and the race is again far too close to call.
Calling Florida for Bush - At 2:10 a.m., Ellis sees data from VNS that shows Bush with a 51,433-vote lead, and 179,713 votes left to be counted. (The latter figure is grossly inaccurate, later data proves; over 350,000 votes actually remain to be counted.) Gore would need 63 percent of those votes to win, a scenario that is statistically unlikely. Ellis calls Jeb Bush to say that it is “statistically impossible” for Bush to lose. Around 2:15 a.m., Ellis puts the telephone down and excitedly announces to his team: “Jebbie says we got it! Jebbie says we got it!” Even though Florida is still rated “too close to call” by VNS, Fox News vice president John Moody gives the go-ahead to project Bush the winner in Florida. Fox News anchor Brit Hume makes the call for Bush at 2:16 a.m. The other networks hurriedly, and inaccurately, follow suit. [Washington Post, 11/14/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; American Journalism Review, 1/2001; Nation, 11/6/2006; New York Magazine, 5/22/2011] Hume himself is a bit apprehensive of the call. “I must tell you, everybody, after all this, all night long, we put Bush at 271, Gore at 243,” he tells Fox viewers. “I feel a little bit apprehensive about the whole thing. I have no reason to doubt our decision desk, but there it is.” [Time, 11/15/2000]
Other Networks Follow Suit - As Hume is announcing Bush’s “victory” in Florida, NBC News election coverage chief Sheldon Gawiser is on the telephone with Murray Edelman, the editorial director for VNS. Gawiser is considering calling Florida for Bush, and wants to discuss calling the race for Bush while citing Edelman and VNS as the sources responsible for such a call. Edelman is shocked that Gawiser wants to make any call with Bush’s lead not only very small, but dwindling. But as the two are talking, Fox’s announcement comes over NBC’s monitors, and Gawiser breaks off the call, saying: “Sorry, gotta go. Fox just called it.” At 2:17 a.m., NBC projects Bush the winner in Florida and the next president of the United States. The joint decision team for CBS and CNN, Warren Mitofsky and Joe Lenski, make the same decision a minute later. After CBS declares Bush’s victory, anchor Dan Rather tells viewers: “Let’s give a tip of the Stetson to the loser, Vice President Al Gore, and at the same time, a big tip and a hip, hip, hurrah and a great big Texas howdy to the new president of the United States. Sip it, savor it, cup it, photostat it, underline it in red, press it in a book, put it in an album, hang it on the wall—George W. Bush is the next president of the United States.” The ABC decision team resists making the call, not trusting the data (it had similar reservations about the earlier call for Gore), but according to ABC election consultant John Blydenburgh, a network executive overrides the decision team and has ABC declare Bush the projected winner at 2:20 a.m. Blydenburgh says the executive does not want ABC to look “foolish” by being the only network not to recognize Bush as the next president. The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling (by 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call). But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] Shortly after 3 a.m., CBS’s Ed Bradley begins informing viewers that the AP numbers show Bush with a lead of only 6,000 votes. Rather tells the viewers that if the AP is correct, the previous call for Bush may be premature. “Let’s not joke about it folks,” he says. “You have known all night long and we’ve said to you all night long that these estimates of who wins and who loses are based on the best available information we have. CBS News has the best track record in the business, over a half century plus, for accuracy on election night. But nobody’s perfect.” However, few listen to either CBS’s caveats or the AP’s refusal to call the election. [American Journalism Review, 1/2001] By 4:52 a.m., Bush’s lead has dwindled to 1,888 votes.
Fox Leads the Narrative for Bush - Gore initially concedes the race, but when the networks begin retracting their declaration and return Florida to the “too close to call” status, he retracts his concession. In their last conversation of the evening, Bush tells Ellis that Gore has taken back his concession, and says: “I hope you’re taking all this down, Ellis. This is good stuff for a book.” The morning headlines in most daily papers declare Bush the winner; much of the news coverage slams Gore as indulging in “sour grapes” for not conceding the election. Rather later says: “We’ll never know whether Bush won the election in Florida or not. But when you reach these kinds of situations, the ability to control the narrative becomes critical. Led by Fox, the narrative began to be that Bush had won the election.” In 2011, Rolling Stone reporter Tim Dickinson will write, “A ‘news’ network controlled by a GOP operative who had spent decades shaping just such political narratives—including those that helped elect the candidate’s father—declared George W. Bush the victor based on the analysis of a man who had proclaimed himself loyal to Bush over the facts.” After the election, House Representative Henry Waxman (D-CA) says: “Of everything that happened on election night, this was the most important in impact. It immeasurably helped George Bush maintain the idea in people’s minds that he was the man who won the election.” [Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; New York Magazine, 5/22/2011] Ellis later writes that Bush did not try to influence his coverage. “Governor Bush was, as always, considerate of my position,” Ellis will write. “He knew that I would be fried if I gave him anything that VNS deemed confidential, so he never asked for it. He made a point of getting the early exit poll data from other sources before talking to me.” [Associated Press, 12/11/2000]
Criticism of Fox, Ellis - Tom Rosenstiel, director of the Project for Excellence in Journalism, later says of Ellis and Fox while the election is still in dispute: “The notion you’d have the cousin of one presidential candidate in a position to call a state, and the election, is unthinkable. Fox’s call—wrong, unnecessary, misguided, foolish—helped create a sense that the election went to Bush, was pulled back, and it’s just a matter of time before his president-elect title is restored. But that said, John Ellis is a good man, a good journalist whose judgment was overcome by excitement. He put himself in an impossible situation, but the mistake was not so much his as Rupert Murdoch’s for putting him in that position.… Everybody knows it’s a partisan channel, but its marketing slogan, ‘We report; you decide,’ is now totally obliterated by the fact that one candidate’s first cousin is actually deciding, and then they report.” (Rosenstiel is apparently unaware that Murdoch, who owns Fox News’s parent company News Corporation, did not make the call to hire Ellis.) Rosenstiel’s colleague Carl Gottlieb is less restrained, saying: “It’s beyond belief. The network should not have allowed Ellis to report on this election. As a viewer, after reading this story and reading about Ellis’s involvement in calling the race, you can’t help but get the idea that this guy’s complicit in what’s going on now down in Florida.” Murdoch will later claim that Fox News displayed “no partisanship” in its election-night coverage. Ellis will later tell a reporter: “It was just the three of us guys handing the phone back and forth—me with the numbers, one of them a governor, the other president-elect. Now that was cool. And everybody followed us.” [Observer, 11/19/2000; Nation, 11/6/2006] Ellis will also later deny telling his team that “Jebbie” gave him the go-ahead to call the election for Bush, instead saying he made the call based on his own calculations. Statistician Cynthia Talkov, the only member of Fox’s election team who actually understands the VNS statistical models, later says she never saw Ellis making any such calculations, and will say Ellis did not ask her for her opinion for his call, though every other projection that evening was made with her explicit approval. Talkov is one of the people who will confirm that Ellis received the go-ahead to call the election from Jeb Bush. A post-election analysis prepared by outside reviewers for CNN later issues sharp criticisms of the networks, noting, “On Election Day 2000, television news organizations staged a collective drag race on the crowded highway of democracy, recklessly endangering the electoral process, the political life of the country, and their own credibility.” Mitofsky, who invested election polls and developed the election night projection system the networks use, later calls Ellis’s actions “the most unprofessional election night work I could ever imagine. He had no business talking to the Bush brothers or to any other politician about what he was doing.” On the other hand, Ailes will characterize Ellis’s actions as those of “a good journalist talking to his very high-level sources on election night.” [Nation, 11/6/2006]
Fox 'Investigation' Comes Up Empty - Fox News will announce an “investigation” of any conflicts of interest or unprofessional behavior concerning Ellis’s role in declaring Bush the winner, but nothing will come of any such investigation. The “investigation” will find that Ellis gave no VNS information to either George W. Bush, Jeb Bush, or any Bush campaign official, though Ellis himself will freely admit to a New Yorker reporter that he shared VNS data with both Bushes repeatedly during the evening. Such sharing of data would constitute a violation of journalistic ethics as well as possible criminal behavior. [Observer, 11/19/2000; Nation, 11/6/2006] Ailes had specifically warned his team not to share VNS information with anyone from the campaigns. [Salon, 11/15/2000] Before the investigation is even launched, Moody will say: “Appearance of impropriety? I don’t think there’s anything improper about it as long as he doesn’t behave improperly, and I have no evidence he did.… John has always conducted himself in an extremely professional manner.” [Washington Post, 11/14/2000]

Entity Tags: Voter News Service, Warren Mitofsky, Tom Rosenstiel, Sheldon Gawiser, Tim Dickinson, Roger Ailes, CNN, ABC News, CBS News, Brit Hume, Boston Globe, Albert Arnold (“Al”) Gore, Jr., Associated Press, News Corporation, Rupert Murdoch, Murray Edelman, Fox News, Ed Bradley, Dan Rather, Cynthia Talkov, Carl Gottlieb, George W. Bush, NBC News, Henry A. Waxman, John Prescott Ellis, John Moody, John Ellis (“Jeb”) Bush, Joe Lenski, John Blydenburgh

Timeline Tags: 2000 Elections

Supreme Court Justice Sandra Day O’Connor, attending a Washington, DC, party and watching the news networks predict Florida, and thusly the presidency, for Democrat Al Gore, says aloud, “This is terrible.” Her husband explains that she is considering retiring from the Court, but will only do so if George W. Bush, a fellow Republican, is in office to appoint her successor. [Tapper, 3/2001]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Sandra Day O’Connor, George W. Bush

Timeline Tags: 2000 Elections

A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead.A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead. [Source: TV-Ark News (.com)]Republican presidential contender George W. Bush (R-TX) appears to enjoy a late surge in Florida votes, securing what appears to be a slim but decisive lead of some 50,000 votes. Led by Fox News (see October-November 2000 and November 7-8, 2000), the four major television networks—ABC News, CBS News, Fox News, and NBC News—begin declaring Bush the projected winner of Florida and therefore the winner of the US presidential elections. By 2:20 a.m., the last of the networks has projected Bush as the winner. [New York Times, 11/9/2000; Leip, 2008] The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling. By 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call. But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] After the Fox announcement, Gore campaign manager Donna Brazile sends Gore a text message reading: “Never surrender. It’s not over yet.” But others in the campaign feel the campaign is indeed over. Gore’s brother-in-law Frank Hunger later recalls, “They were just so damn positive,” referring to the networks. “And they were talking about 50,000 votes, and we never dreamed they would be inaccurate.” The Gore campaign’s deputy campaign manager for communications, Mark D. Fabiani, will later recall: “I felt so deflated. It had been an evening where you won and then lost and winning felt a lot better than losing. You had been up and down and swung around and then dumped out on your head.” [New York Times, 11/9/2000]

Entity Tags: Mark D. Fabiani, George W. Bush presidential campaign 2000, NBC News, George W. Bush, Frank Hunger, Albert Arnold (“Al”) Gore, Jr., Fox News, Associated Press, CBS News, County of Volusia (Florida), Donna Brazile, Al Gore presidential campaign 2000, ABC News

Timeline Tags: 2000 Elections

Vice President Al Gore, the Democratic presidential candidate, calls Republican contender George W. Bush to retract his concession of the presidential election (see 2:30 a.m. - 3:15 a.m. November 8, 2000). “Circumstances have changed dramatically since I first called you,” Gore says. “The state of Florida is too close to call.” Bush says: “Are you saying what I think you’re saying? Let me make sure I understand. You’re calling me back to retract your concession.” Gore responds, “You don’t have to be snippy about it.” Bush informs Gore that his brother, Governor Jeb Bush of Florida, has assured him he has already won Florida (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore replies, “Your younger brother is not the ultimate authority on this.” Instead of giving a concession speech as planned, Gore sends his campaign chairman, former Commerce Secretary William Daley, to speak to the gathering at Nashville’s War Memorial Plaza. “Our campaign continues,” Daley says. New polling data shows that Florida, still projected to go to Bush as the last needed electoral victory, is once again too close to be accurately predicted. Bush calls his cousin John Ellis, who is anchoring Fox News’s election night coverage (see October-November 2000), and says, “Gore unconceded.” Ellis responds, “You’re kidding.” Within the hour, the networks will, for the second time (see 9:30 p.m. November 7, 2000), retract their projection and classify Florida as “too close to call” (see 3:57 a.m. - 4:15 a.m. November 8, 2000). Bush campaign chairman Donald Evans orders aides to be on a 6 a.m. flight to Florida to begin contesting the recounts. Gore aides give similar orders to their personnel. [CNN, 12/13/2000; Tapper, 3/2001; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: John Ellis (“Jeb”) Bush, Albert Arnold (“Al”) Gore, Jr., Donald L. Evans, George W. Bush, William Michael (“Bill”) Daley, Fox News, John Prescott Ellis

Timeline Tags: 2000 Elections

Shortly after the presidential vote that resulted in an as-yet-unresolved flurry of recounts and criticisms (see 6:36 p.m. November 15, 2000 and 9:14 p.m., November 15, 2000), two law clerks at the US Supreme Court laugh about the unlikely possibility that the election will end up being resolved in the Court. Could it happen that way? they wonder. And if so, would the Court split 5-4 along ideological lines, with the conservative majority giving Governor George W. Bush (R-TX) the presidency? The idea is preposterous, they decide, no matter what some of their friends and relatives are predicting. Even the most conservative of Court justices, they say, are pragmatic and mindful of the law. Moreover, they tell one another, the Court has always steered clear of sticky political conflicts. And the conservative justices are the most mindful of states’ rights and most devoted to the concept of the Constitution’s “original intent,” including the Founders’ insistance that Congress, not the judiciary, should be the body to resolve close elections. One clerk later tells reporters: “It was just inconceivable to us that the Court would want to lose its credibility in such a patently political way. That would be the end of the Court.” As November moves closer to December and the election fracas continues unresolved, a law professor predicts that Bush’s chances before the Court are “between slim and none, and a lot closer to none.” Over Thanksgiving, the justices and clerks leave Washington for vacation, with only a skeletal staff of a few clerks remaining in town in case of emergencies. Justice Stephen Breyer says over the holiday that there is no way the Court would ever get involved in the election. [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, US Supreme Court, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).

Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

David Boies.David Boies. [Source: BBC]The Florida Supreme Court hears arguments from both the Gore and Bush presidential campaigns in Al Gore’s appeal of a ruling that rejected his campaign’s request to mandate recounts in three Florida counties (see 9:00 a.m. November 30, 2000 and After). Bush campaign lawyer Barry Richard argues that there is no “evidence to show that any voter was denied the right to vote” and calls the Gore campaign’s contest “a garden-variety appeal.” Gore lawyer David Boies contends that while time is running out, “the ballots can be counted” before the December 12 deadline for naming electors. In a 4-3 decision, the Court reverses the decisions of Judge N. Saunders Sauls (see 4:43 p.m. December 4, 2000), ordering recounts of “undervotes” in Miami-Dade and Palm Beach counties as well as all other Florida counties that have not yet manually recounted undervotes. “Undervotes” are noted on ballots that were not recorded by voting machines as making a choice for president. The Court also directs the lower court to add 168 votes from Miami-Dade and 215 votes from Palm Beach to Gore’s state totals, narrowing the George W. Bush lead to a mere 154 votes. London’s Guardian observes, “That margin could easily be overturned with a recount of the disputed ballots which mainly came from Democratic precincts in Miami-Dade.” Perhaps 45,000 undervotes statewide remain to be counted. Bush campaign attorney James Baker says the Court’s ruling may “disenfranchise Florida’s votes in the Electoral College.” Congressional Democrats Richard Gephardt (D-MO) and Tom Daschle (D-SD) release a joint statement calling for a “full, fair, and accurate vote count,” and saying there is “more than enough time to count ballots cast but never counted.” Within hours, Bush lawyers ask the US Supreme Court for an emergency stay of the decision, which will be granted (see December 8-9, 2000). [Supreme Court of Florida, 12/8/2000 pdf file; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]

Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case.An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]

Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia

Timeline Tags: 2000 Elections

In a 79-41 vote, the Florida House of Representatives, under Republican leadership, votes to approve 25 electors to the Electoral College (see 12:00 p.m. December 8, 2000) to cast Florida’s votes for George W. Bush (R-TX). Two of the 79 votes cast for the elector naming are Democratic. [US News and World Report, 12/13/2000; Leip, 2008] After the US Supreme Court rules against the recounts and gives the election to Bush, the Legislature abandons the idea of naming an independent slate of electors (see 9:54 p.m. December 12, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature, US Supreme Court

Timeline Tags: 2000 Elections

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) gives up on his appeals and asks to be executed. In an affidavit, McVeigh writes: “I believe I am fully competent to make this decision. If the court thinks that a psychological evaluation is necessary to make certain I am competent, I will submit to such an evaluation. I will not justify or explain my decision to any psychologist, but will answer questions related to my competency.” He acknowledges that he makes his request against the advice of his attorneys, and asks that Judge Richard P. Matsch set an execution date within 120 days. McVeigh’s lawyer Nathan Chambers says that McVeigh has been considering this decision for some time now. “This is not a snap decision,” Chambers says. “The judge is going to want to make a determination that Mr. McVeigh’s decision is a decision he made voluntarily and knowingly.” McVeigh gives no further explanation, though some believe he intends to become a martyr for the far-right “patriot” movement. Eight days later, Matsch grants McVeigh’s request. [Los Angeles Times, 12/13/2000; The Oklahoman, 4/2009; Mayhem (.net), 4/2009]

Entity Tags: Richard P. Matsch, Nathan Chambers, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Eric D. Hanson, a former Marine, overt racist, and member of the neo-Nazi National Alliance (see 1970-1974), attends a Ku Klux Klan rally in Skokie, Illinois. He refuses to stand behind police barriers and instead mingles in the crowd wearing a shirt depicting a Star of David with a slash through it. Eyewitnesses see him attack an African-American woman as she walks down Old Orchard Road, but Hanson flees before police can apprehend him. [Nicole Nichols, 2003]

Entity Tags: Eric D. Hanson, Ku Klux Klan, National Alliance

Timeline Tags: US Domestic Terrorism

Former anti-abortion activist Jerry Reiter, the author of the recent book Live From the Gates of Hell: An Insider’s Look at the Anti-Abortion Underground, gives an interview to the St. Petersburg Times about his book and his days with the controversial anti-abortion organization Operation Rescue (OR—see 1986). Reiter was media coordinator for the group, but after becoming disillusioned with its violent tactics, became an FBI informant, giving the FBI information on OR and other anti-abortion groups. Reiter now says that some respected conservative Christians have tacitly condoned the violence practiced by OR and other anti-abortion groups during the 1990s. “One of the things that surprised me about the Christian Coalition was that even though it publicly denounced the illegal tactics of groups like Operation Rescue,” Reiter wrote, “when the big national anti-abortion protest came to Buffalo in 1992, Operation Rescue National housed its secret command and communication offices in the basement suite of offices that the Christian Coalition of New York had as its state headquarters.” He says that after entering “the secret command post of Operation Rescue, I was given books on dozens of not-so-peaceful activities, including a book by Reverend Michael Bray advocating the bombing of abortion clinics” (see September 1994). Reiter says that many anti-abortion activists “use the Bible to justify all kinds of evil.” He is still against abortion, but does not advocate legal restrictions on the practice. “I want to see abortions reduced,” he says. “Sex education, birth control, and availability of health care options is the way to go. Those people who oppose abortion are often those who oppose sex education, birth control, and other health care options.” Explaining why he became an FBI informant, Reiter says of his OR colleagues, “I realized that these people were very serious about doing harm to people.” He recalls speaking with Paul Hill, who in 1994 murdered an abortion provider and his bodyguard (see July 29, 1994). Weeks before Hill killed the two men, he told Reiter: “What you’re gonna see next now, brother, is an IRA-type reign of terror [referring to the Irish Republican Army]. There’s too much pressure on all of us, too many people watching us to do anything major under direct orders from the national level, so what you’re gonna see is individuals or small groups of people takin’ action in their own hands to do what the leaders want to see done, but since there won’t be any direct orders given, no one can prove conspiracy.” Reiter says his information did not prevent Hill’s murders, but was able to prevent another spate of possibly lethal violence during a 1994 event in Florida. “If I hadn’t done something at the time, it’s likely they would have been successful and hundreds could have been killed.… I had the most unique background. I was able to see the most radical, most dangerous people in the country as they were formulating their plans.” Reiter concludes: “The mainstream anti-abortion movement has shrunk dramatically and now you just see more hard-core people. It’s not a calm situation. The days of the little old ladies with the rosaries have been replaced with this radical, vitriolic group.… The people around Paul Hill, once he is executed (see September 3, 2003), they are planning to rise up and take action. They are planning to give us unprecedented violence.” [St. Petersburg Times, 1/6/2001]

Entity Tags: St. Petersburg Times, Christian Coalition of New York, Federal Bureau of Investigation, Jerry Reiter, Michael Bray, Paul Hill, Operation Rescue

Timeline Tags: US Domestic Terrorism

January 16, 2001: McVeigh Execution Date Set

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) again says he wants to drop any further appeals (see March 8-9, 1999 and December 13, 2000) and asks to be executed. Judge Richard P. Matsch sets his execution date for May 16, 2001. [Douglas O. Linder, 2001; Fox News, 4/13/2005]

Entity Tags: Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

Conservative columnist John Derbyshire writes a column for the National Review claiming that many racial and ethnic stereotypes are not only accurate, they are socially desirable and useful. Derbyshire claims that “[a]nthropology, psychology, sociology, and genetics are all” proving “that human nature is much more like what conservatives have always said it was like than it is like what leftists have believed.” Derbyshire cites a single source, the widely discredited book The Bell Curve, which purported to show that non-whites were genetically and intellectually inferior to whites, to prove his claim, before segueing into the main portion of his column, which focuses on a 1995 book called Stereotype Accuracy: Toward Appreciating Group Differences. Written by three academics and published by the American Psychological Association, Derbyshire claims that the book proves cultural, racial, and ethnic stereotyping is based largely on fact. He writes of the book’s central thesis, “Far from being a loathsome aberration that ought to be purged from our behavior, it turns out that stereotypes are essential life tools, are accurate much more often than not, and that we do not use them as much as, from cold practical considerations, we should.” Derbyshire grants that stereotypes do not always apply to individuals in a group, citing the examples of “lazy Mexicans” and “unwashed French” as sometimes untrue. However, he writes, stereotypes do not usually exaggerate group tendencies. In fact, he claims, “more often the opposite is true.” The negative stereotypes held by white Americans about African-Americans “are generally accurate,” he claims, “and where they are inaccurate, they always under-estimate a negative characteristic.” His proof: a 1978 survey stating that 21 percent of African-American families are headed by a woman, while another survey found that white Americans estimate that number at between 8 and 12 percent. Stereotypes about racial, ethnic, cultural, and religious groups, he writes, are “useful tools for dealing with the world.” Derbyshire cites the single dissenting voice quoted in the book, the University of Maryland’s Charles Stangor, and implies that Stangor’s criticisms are centered in a desire to reshape society to his own preferences as Adolf Hitler and Vladimir Lenin reshaped Germany and Russia, respectively. “It is highly characteristic of political ideologues,” Derbyshire writes, “that they believe ‘improving the social condition’ can have only one possible meaning—theirs.” Derbyshire concludes that “the Left” “hates humanity and seeks to wage war against human nature,” and only leftists would argue that stereotyping others is wrong. [National Review, 2/1/2001] Two weeks later, Derbyshire will “humorously” advocate the murder of Chelsea Clinton, President Clinton’s daughter, in order to eradicate the Clinton bloodline (see February 15, 2001). In late 2003, Derbyshire will describe himself as “a racist, though… a mild and tolerant one” (see November 11-18, 2003).

Entity Tags: Charles Stangor, John Derbyshire, National Review

Timeline Tags: Domestic Propaganda

The US House Committee on Energy and Commerce holds a hearing on the news networks’ election night decision to project George W. Bush the winner of the Florida election, and thereby the winner of the US presidential election (see November 7-8, 2000). One of the matters at hand is Fox News’s choice to have its election night coverage anchored by John Prescott Ellis, President Bush’s cousin and an intensely partisan Bush supporter (see October-November 2000). The chairman of the committee is W.J. “Billy” Tauzin (R-LA).
Opening Statements - In his opening statement, Tauzin tells the assemblage that the hearing is to “give us a real sense of what went wrong in terms of the election night coverage of the presidential election of November 2000.” He notes that news coverage issues have been raised in every election since the 1960 Kennedy-Nixon election. Early calls—the practice of news outlets to “call,” or project, winners in states before elections in other states have closed—have long been acknowledged as having a “deletorious” effect on voting, and the use of “exit polling”—polls of voters taken outside polling booths—have proven both “valuable” and “dangerous.” Voter News Service (VNS), the independent consortium that provided polling and other data to the networks and press agencies for their use during their election coverage, uses exit polling to help those news outlets “project” winners in races. Tauzin spends much of his opening statement attacking VNS and the use of exit polling as the “source” of the election night dissension, and says that on the whole, VNS data “produces statistical biases in favor of Democrats in this case today and against Republicans, that the statistical flaws tend to overstate the Democratic vote in the exit poll and understate the Republican vote.” Tauzin says that investigations have “discovered no evidence of intentional bias, no evidence of intentional slanting of this information,” and instead says the entire problem rests with VNS and its use of exit polling data. In their opening statements, many Republicans echo Tauzin’s remarks. Ranking minority member John Dingell (D-MI) calls the election night coverage “a monumental screw-up which I think has embarrassed an awful lot of people.” Dingell repeats Tauzin’s claim that no evidence of intentional bias has been found—calling such allegations “inflammatory”—and says that the focus of future hearings should be on the issue of voter disenfranchisement. Having said all that, he goes on to say that the networks’ decision to call Florida for Bush in the early hours of November 8, 2000 was premature, and lent itself to later allegations that attempts by Democratic challenger Al Gore were baseless and troublesome. Cliff Stearns (R-FL) accuses the networks of trying to influence Florida voters in the Panhandle, a traditionally Republican stronghold, by prematurely calling the state for Gore eight minutes before polls closed in that region. In questioning, Sherrod Brown (D-OH) notes the almost-immediate appearance of the “Sore Loserman” campaign (derived from the names of the Democratic candidates, Gore and Joe Lieberman), which attempted, successfully, to paint attempts by the Gore campaign to force vote recounts as attempts to “steal” the election.
Focus on Fox - Henry Waxman (D-CA) is the first to mention Fox News. He reads from a Los Angeles Times editorial, quoting: “Suppose that a first cousin of Al Gore had been running one of the network news teams issuing election night projections. Suppose that having previously recused himself from a columnist job saying his objectivity would suffer from family loyalty, this cousin had chatted with Gore six times on Election Day. Suppose the same cousin had been the first to declare Gore as the winner in Florida on election night, helping coax the rival networks to follow suit, leading George W. Bush to call up Gore in order to concede, thereby helping to create that Gore was the duly elected president of the United States long before all the votes had been counted. Can anybody reasonably doubt that the pundits would be working themselves into a nonstop lather charging the liberal media as accessories to grand larceny? Can we imagine, say, Rupert Murdoch’s Fox news channel right-leaning heads dropping the subject?” Waxman says this was absolutely the case, but with Fox News and John Ellis, not Gore and an imaginary Gore cousin at another network. “[O]f everything that happened on election night this was the most important in impact. It created a presumption that George Bush won the election. It set in motion a chain of events that were devastating to Al Gore’s chances and it immeasurably helped George Bush maintain the idea in people’s minds than he was the man who won the election.” Several other Democrats echo Waxman’s statements.
Issues with Florida Election Practices - Peter Deutsch (D-FL) cites issues of rampant voter disenfranchisement of African-Americans, a traditionally Democratic voting bloc, with over 100,000 ballots, mostly from African-American voters, apparently not counted. Deutsch says flatly that “there is no question, it is no longer debatable that if the vote in Florida were counted, Al Gore would be president of the United States.” Bobby Rush (D-IL) cites a large number of incidents where minority group voters were “harassed by police departments” in Florida and in other states besides. In many instances these voters were stopped from voting entirely; in others, their votes were not counted. Other Democrats, such as Eliot Engel (D-NY), echo Deutsch’s and Rush’s concerns; Engel says: “Al Gore was not the only one who lost that night. The American people lost that night, and the news media also lost that night.”
Testimony regarding Independent Review of Election Night Coverage - The first witness is Joan Konner, a professor of journalism at Columbia. Konner led a panel commissioned by CNN “to look at what went wrong in [CNN’s] television coverage of the presidential election 2000.” Her panel submitted a report on the election night coverage to CNN, and CNN provided that report to the committee. “[S]omething went terribly wrong,” she says. “CNN executives, correspondents, and producers themselves describe election night coverage as a debacle, a disaster, and a fiasco; and in our report we agree.” She blames the problems with CNN’s coverage on “excessive speed and hypercompetition, combined with overconfidence in experts and a reliance on increasingly dubious polls. We have stated that the desire to be first or at least not to be consistently behind the others led the networks to make calls unwisely based on sketchy and sometimes mistaken information.” The choice to create, fund, and use VNS by all the networks was primarily a cost-cutting decision, she says, but that choice was a mistake: “Relying on a single source eliminates the checks and balances built into a competitive vote-gathering and vote system. It eliminates the possibility of a second source for validating key and possible conflicting information.” Another member of the panel, James Risser of Stanford University, notes that the report’s findings apply equally to other networks along with CNN.
Media Panel - After much questioning of the CNN panel, a second panel is sworn in. This panel includes: Fox News chairman Roger Ailes; CBS president Andrew Heyward; CNN chairman Tom Johnson; NBC president Andrew Lack; ABC president David Westin; VNS director Ted Savaglio; VNS editorial director Murray Edelman; and the Associated Press’s president, Louis Boccardi. In an opening statement, Savaglio admits that VNS made “errors” in vote tabulation and predictives based on “flaws” in the statistical analyses. Two major errors were made on election night, Savaglio says, the first leading to the incorrect awarding of Florida to Gore early in the evening, and the second provision of data that indicated Bush had a statistically insurmountable lead in Florida that did not include an accurate tabulation of votes cast in Volusia County as well as errors in other county tabulations and estimates. Boccardi says that the Associated Press used VNS-provided data in the erroneous Gore projection, but “takes full responsibility” for the error. The Associated Press did not join in with the second, Fox News-led projection of Bush’s victory. “[T]he race was too close to call” at that point, he says. “It would be right to surmise that the pressure on AP at that moment [to join the networks in calling the election for Bush] was enormous.” Heyward testifies that CBS, like CNN, hired an independent panel to assess its election coverage, and has a number of improvements to be made for future coverage. “Our method of projecting winners, one that, as you have heard, has produced only six bad calls in over 2,000 races since the 1960s, failed us this time; and as a well-known candidate would say, failed us big time in the very state that held the key to this election,” he says. He also notes that charges by Republican committee members that there is an inherent bias in the statistical models against Republicans “has been rejected by every single outside expert who examined each of the networks, even those experts, and you heard from them today, who are the most highly critical of us.” Lack asks why there was not more media coverage and examination of other voting-related problems, from “ineffective voting machines” and “confusing ballots” to allowing felons to vote.
Ailes's Statement - Ailes blames VNS for Fox’s “mistakes” in its reporting, saying: “As everyone knows, Voter News Service, a consortium with a good track record, gave out bad numbers that night. In the closest race in history the wheels apparently came off a rattle trap computer system which we relied on and paid millions for.” He claims, “Through our self-examination and investigation we have determined that there was no intentional political favoritism in play on election night on the part of Fox News.” Ailes does not mention his choice to use Ellis as Fox’s election night anchor in his verbal statement, but in a written statement he submits to the committee, he says that Ellis was not the person who made the final decision to declare Florida for Bush. The news division’s vice president, John Moody, made the final call. As for hiring Ellis, he praises Ellis’s professionalism and experience, and writes: “We at Fox News do not discriminate against people because of their family connections. I am more than happy to give you examples of offspring of famous politicians who are employed at Fox News.” He also says that he was aware that Ellis was speaking to both George W. and Jeb Bush throughout the night, and writes: “Obviously, through his family connections, Mr. Ellis has very good sources. I do not see this as a fault or shortcoming of Mr. Ellis. Quite the contrary, I see this as a good journalist talking to his very high level sources on election night.” Though Ellis has freely admitted to sharing VNS data with both Bushes, Ailes writes, “Our investigation of election night 2000 found not one shred of evidence that Mr. Ellis revealed information to either or both of the Bush brothers which he should not have, or that he acted improperly or broke any rules or policies of either Fox News or VNS.” He concludes: “[I]n my heart I do believe that democracy was harmed by my network and others on November 7, 2000. I do believe that the great profession of journalism took many steps backward.”
Questioning the Media Representatives - Almost immediately, Ailes raises the question of skewed exit polling that appears to favor Democrats, though experts have refuted these claims in just-given testimony, and Savaglio has just said that exit polls exhibit no such bias. Ailes tells the panel: “I do know that when Republicans come out of polls and you ask them a question they tend to think it’s none of your business and Democrats want to share their feelings. So you may get some bias there that is inadvertent, just because it’s a cultural thing and unless you send the Republicans to sensitivity training you’re not going to get them to do that.” Tauzin says that a study of VNS results tends to bear out Ailes’s claim. Westin says if there is bias in exit polling, it cuts both ways, an observation with which Tauzin also agrees. Savaglio admits that after midnight, VNS provided substantially inaccurate information to the networks that led them to conclude Bush had a slight but insurmountable lead in Florida. Lack denies the rumor that Jack Welch, the CEO of NBC’s parent company General Electric, made the decision for NBC News to follow Fox’s lead in declaring Bush the presumptive winner in Florida. Waxman accepts Lack’s denial, but notes that he has been told Welch’s command to declare Bush the winner is preserved on videotape, “filmed by NBC’s advertising and promotions department.” Lack says if the tape exists, he will provide it to the committee. Bart Stupak (D-MI) asks the representatives directly if they believe any bias towards one party or another exists in their networks’ coverage, and all answer strongly in the negative. Heyward says that rumors of networks such as his trying to “slant” their coverage to give the idea of an “inevitable” Gore victory are entirely negative, and says: “[C]ertainly we displayed the popular vote graphic 15 times between 7 and 11. President Bush was ahead every single time; on the electoral count, 75 out of 100 times.… The video [shown by the commission at the beginning of the hearing] that gave the impression that the networks were saying Gore’s got it in the bag I believe was misleading, yes.” Westin agrees with Heyward, and says the networks generally gave the impression of “a much more balanced, much closer race throughout the night.” Under questioning by Gene Green (D-TX), Ailes contradicts previously presented evidence and says no one at the election desk, Ellis or anyone else, was in contact with “Austin” (meaning the Bush campaign and George W. Bush personally) at all that night. [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: CBS News, Sherrod Brown, Bobby Lee Rush, Roger Ailes, Raymond Eugene (“Gene”) Green, Ted Savaglio, Tom Johnson, US House Committee on Energy and Commerce, Voter News Service, ABC News, Andrew Heyward, Andrew Lack, Associated Press, W.J. (“Billy”) Tauzin, Peter R. Deutsch, NBC News, Rupert Murdoch, Louis Boccardi, Fox News, Eliot L. Engel, David Westin, Clifford Bundy (“Cliff”) Stearns, CNN, Murray Edelman, George W. Bush, John Prescott Ellis, Jack Welch, Joan Konner, John Dingell, John Ellis (“Jeb”) Bush, Joseph Lieberman, James Risser, Henry A. Waxman, Bart Stupak

Timeline Tags: 2000 Elections, Domestic Propaganda

John Derbyshire.John Derbyshire. [Source: John Derbyshire]National Review columnist John Derbyshire “satirically” advocates the murder of Chelsea Clinton, the only daughter of Bill and Hillary Clinton, in order to stamp out the Clinton bloodline once and for all. Former President Clinton has left the White House, to spend the rest of his life “goosing waitresses [and] defending himself in court.” Hillary “has no future beyond the US Senate… [she is] maxed out.” But, he warns, “Clintonism may yet rise again.… On February 27th, Chelsea Clinton will turn 21.”
'I Hate Chelsea Clinton' - Derbyshire confesses: “I hate Chelsea Clinton. I admit it’s not easy to justify my loathing of this person. I can pick out causes, but none of them is one hundred per cent rational.… I admit, I hate Chelsea because she is a Clinton.” After noting the negative reactions to his previous attack on the younger Clinton’s physical appearance, he acknowledges that she hasn’t committed the “array of crimes” her father is allegedly responsible for, but “she doesn’t deserve any credit for not having done these things; she just hasn’t had time yet.” He writes that since she was 18, she has “sign[ed] on to the Great Clinton Project. Which is, has always been, and forever will be, to enrich the family from the public fisc, and to lie, bomb, bribe, and intimidate your way out of trouble when necessary.”
'Sippenhaft' - Derbyshire notes that in totalitarian societies of the past, many people were executed merely because of their family connections, and says the same should be considered for Chelsea Clinton. “Chelsea is a Clinton,” he writes. “She bears the taint; and though not prosecutable in law, in custom and nature the taint cannot be ignored. All the great despotisms of the past—I’m not arguing for despotism as a principle, but they sure knew how to deal with potential trouble—recognized that the families of objectionable citizens were a continuing threat. In Stalin’s penal code it was a crime to be the wife or child of an ‘enemy of the people.’ The Nazis used the same principle, which they called Sippenhaft, ‘clan liability.’ In Imperial China, enemies of the state were punished ‘to the ninth degree’: that is, everyone in the offender’s own generation would be killed, and everyone related via four generations up, to the great-great-grandparents, and four generations down, to the great-great-grandchildren, would also be killed.… We don’t, of course, institutionalize such principles in our society, and a good thing too. Our humanity and forbearance, however, has a cost. The cost is that the vile genetic inheritance of Bill and Hillary Clinton may live on to plague us in the future. It isn’t over, folks.” [National Review, 2/15/2001]
'Hysterical Idiots' - After a week of angry criticism, Derbyshire will write a column defending his original column as “satire,” blaming “liberals” for “missing the joke,” and admitting his column “wasn’t meant to be a thigh-slapper. I had a point to make: There could be another Clinton in our future, and on present evidence (admittedly rather scant), it would be a chip off the old block. That’s fair comment. However, my tone was partly tongue in cheek.… Humor and irony are especially tricky.” He asks, rhetorically, if he intends to apologize, and answers himself: “In your dreams. I make it a point of principle never to apologize to hysterical idiots.” [National Review, 2/22/2001]

Entity Tags: William Jefferson (“Bill”) Clinton, Chelsea Clinton, John Derbyshire, Hillary Clinton, National Review

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The Daily Californian, the newspaper for the University of California at Berkeley, runs a full-page ad from conservative pundit David Horowitz calling the idea of “reparations” for the African-American descendants of slaves “racist.” Horowitz, a UC-Berkeley graduate, had attempted to persuade a number of college newspapers to run the ad on February 28, the last day of Black History Month. The ad, entitled “Ten Reasons Why Reparations for Slavery is a Bad Idea—and Racist, Too,” says that reparations to African-Americans “have already been paid,” and asks, “What about the debt blacks owe to America?” The ad claims that blacks are themselves responsible for slavery and should accept this “fact.” The day after publishing the ad, the Daily Californian, responding to a harsh public outcry, apologizes for running the advertisement and writes that it allowed itself to “become an inadvertent vehicle for bigotry.” The UC-Davis newspaper also runs the ad, and also issues an apology. Many other California and Ivy League universities also receive the ad, but refuse to run it. [Daily Californian, 3/2/2001; Media Matters, 12/1/2004] Robert Chrisman, editor in chief of the journal Black Scholar, and Ernest Allen Jr., a professor of African-American studies at the University of Massachusetts-Amherst, respond to Horowitz’s ad in an essay published by the university’s African-American Studies department. They write in part: “While Horowitz’s article pretends to address the issues of reparations, it is not about reparations at all. It is, rather, a well-heeled, coordinated attack on black Americans, which is calculated to elicit division and strife.… As one examines the text of Horowitz’s article, it becomes apparent that it is not a reasoned essay addressed to the topic of reparations: it is, rather, a racist polemic against African-Americans and Africans that is neither responsible nor informed, relying heavily upon sophistry and a Hitlerian ‘Big Lie’ technique.” [University of Massachusetts-Amherst, 3/1/2001] Horowitz publishes the ad on his Web publication Front Page Magazine, but will later delete it. It will be chronicled in a 2004 article by progressive media watchdog organization Media Matters. [Media Matters, 12/1/2004]

Entity Tags: Front Page Magazine, Daily Californian, Ernest Allen Jr., University of California at Davis, Robert Chrisman, Media Matters, University of California at Berkeley, David Horowitz

Timeline Tags: Domestic Propaganda

Jayna Davis, appearing on a Fox News broadcast.Jayna Davis, appearing on a Fox News broadcast. [Source: Libertarian Republican (.com)]Former investigative reporter Jayna Davis, who once worked for KFOR-TV in Oklahoma City, tells Fox News’s Bill O’Reilly she has amassed evidence that she says proves Osama bin Laden was behind the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Former Army soldier Timothy McVeigh is awaiting execution for carrying out the bombing (see June 2, 1997 and June 11-13, 1997). Davis says that she attempted to give her evidence, comprised of court records, 24 witness statements, and reports from law enforcement, intelligence, and terror experts, to the FBI, which she says refused to accept the material. Davis says the FBI is involved in an elaborate conspiracy to conceal the existence of a Middle Eastern terror cell that carried out the bombing; law enforcement authorities have long dismissed the idea (see 10:00 a.m. April 19, 1995 and After) that the bombing was carried out by anyone other than McVeigh and his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). According to Davis’s version of events, a Middle Eastern terror cell was operating only blocks away from the Murrah Federal Building, the site of the bombing, and an Iraqi national who formerly served in Saddam Hussein’s Republican Guard was in contact with McVeigh on the day of the bombing. It was the Iraqi, not McVeigh, she says, who drove the Ryder truck containing the bomb to the federal building; he fled in a brown Chevrolet pickup truck. Davis says in the minutes after the bombing, an all-points bulletin was issued for the Iraqi, but it was inexplicably withdrawn shortly thereafter. Davis says the conspiracy consists of McVeigh, Nichols, and at least seven Middle Eastern men, with bin Laden masterminding the operation. “The evidence we have gathered definitely implicates McVeigh and Nichols,” she says. “I want to make that very clear. They were in it up to their eyeballs.” Of the FBI’s refusal to consider her evidence, she tells O’Reilly: “I was flabbergasted. I am unable to imagine any reason they would not accept it.” [WorldNetDaily, 3/21/2001]

Entity Tags: Osama bin Laden, Bill O’Reilly, Terry Lynn Nichols, Federal Bureau of Investigation, Timothy James McVeigh, Jayna Davis

Timeline Tags: US Domestic Terrorism

Stephen Jones, who represented convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says in an op-ed for the Daily Oklahoman he is willing to testify under oath that McVeigh did not act alone in the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). During McVeigh’s trial, Jones insisted that there was evidence of a larger conspiracy, perhaps involving domestic far-right militia groups and perhaps Islamist radicals. Jones says he is willing to testify on behalf of Terry Nichols, McVeigh’s accomplice (see December 23, 1997 and June 4, 1998), who is facing 160 counts of murder in an Oklahoma state court (see September 5, 2001). Jones refuses to say whether either McVeigh or Nichols were actually involved in the conspiracy, stating: “At this point, it’s not appropriate for me to name names or to go into detail in the media. There are pending proceedings.” However, he tells a reporter for The Oklahoman, “If McVeigh is saying he acted alone, that is inconsistent with what he told me.” Any such claim of sole responsibility, Jones says, would be inconsistent with his understanding of the case “and certainly contrary to many statements Tim McVeigh made to me while I was his attorney.” Such a claim, he says, “would be nothing more than an effort to obstruct justice in pending judicial proceedings.… If I remain silent, my silence could be taken… as condoning what he has said and I can’t do that.” Jones says his possible testimony would not violate attorney-client privilege, as he no longer represents McVeigh; moreover, Jones says, McVeigh gave up attorney-client privilege when he attacked Jones in a lawsuit last year (see August 14-27, 1997). [Reuters, 3/26/2001]

Entity Tags: Stephen Jones, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

FBI agent Danny Defenbaugh, the lead investigator in the 1995 Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and After 9:02 a.m., April 19, 1995), tells a CNN reporter that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was planning subsequent attacks to follow the first bombing. He also says that there was no way McVeigh could not have known that his target, the Murrah Federal Building, had children inside. “There were other federal buildings that were mentioned,” Defenbaugh says, referring to potential targets in Dallas and Omaha. The FBI, after finding some of the storage units McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) used to store explosives, conducted an intensive search for other stores of explosives. “We sent out within two weeks of that letters to every storage facility in the United States,” he says, but notes that nothing turned up. “It was, and still is, probably the largest, most labor-intensive investigation ever conducted by the FBI.” As for the children being in the building, Defenbaugh says, “No matter what and how you go by that building, if you look at the building, you’re going to see all the little cut-out hands, all the little apples and flowers showing that there’s a kindergarten there—that there are children in that building.” Defenbaugh says the most frequent question he hears is whether others were involved in the conspiracy, usually referring to the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defenbaugh says that security camera footage from a McDonald’s (see 3:00 - 5:00 p.m. April 17, 1995) indicates that McVeigh carried out the bombing by himself. “There was no one else who came in [to the restaurant] with him, who was involved with him, who sat with him, who talked with him, who left with him, no indication whatsoever that there was anyone else,” he says. Defenbaugh notes that McVeigh is a pariah, even to anti-government militia groups, saying: “He’s not a martyr. He’s a cold-blooded killer.” [CNN, 3/28/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

French authorities arrest anti-abortion advocate James Kopp, who is wanted for the 1998 murder of Dr. Barnett Slepian (see October 23, 1998). The FBI and other law enforcement agencies have been hunting for Kopp since the murder, and tracked him through a Brooklyn couple, Dennis Malvasi and his wife Loretta Marra, who are arrested for conspiring to aid and abet Slepian’s murder. (Malvasi has been convicted of bombing an abortion clinic; Marra and Kopp have been arrested together at a number of anti-abortion protests.) Shortly after Slepian’s murder, the FBI found Kopp’s sniper rifle buried behind Slepian’s home; investigators also found Kopp’s automobile in a suburb of Slepian’s home town of Amherst. Currently Kopp is being held in Rennes, where he is refusing to answer questions; French authorities have not yet decided whether to extradite him, as French law precludes extradition of anyone who may face the death penalty. In March, the FBI learned that Kopp was living in Ireland under a series of false identities and surviving by doing menial labor. In mid-March, Kopp fled Ireland on a ferry that took him to Brittany, a rural French province. It is there that he is arrested, in the medieval Breton town of Dinan. Kopp is also wanted for three non-fatal shooting ambushes of doctors in Canada and in Rochester, New York. [Guardian, 4/1/2001; National Abortion Federation, 2010]
Help from Irish Anti-Abortion Groups - Irish pro-life groups deny helping Kopp, but an FBI spokesman says, “He did not leave the US without assistance, and he did not remain a fugitive without assistance.” Later evidence will show that Kopp was assisted by American and Irish anti-abortion advocates in Ireland, many of whom are affiliated with the right-wing breakaway Catholic sect headed by excommunicated Archbishop Marcel Lefebvre. In 2001, The Nation will observe, “In the last half-decade US antiabortion campaigners have moved on Ireland in a big way, introducing a militancy previously unknown there.” [Nation, 4/23/2001; National Abortion Federation, 2010]
Pro-Choice Spokesman: Kopp Part of a Larger Conspiracy - National Abortion Federation head Vicki Saporta says in a statement: “The arrest of James Kopp could potentially be the greatest advance in the effort to end violence against abortion providers in this country and in Canada. Law enforcement officials are now uncovering what we have been asserting for years: the existence of an organized network of anti-choice extremists who assist terrorists in carrying out acts of violence against abortion providers.… The Army of God (see 1982) has in large part been responsible for the reign of terror against abortion providers in the last decade. This is the best opportunity we’ve had to finally identify, expose, and prosecute those individuals who are part of this extreme network.… We have been collecting statistics on violence against abortion providers for more than 20 years, and we know that there are individuals who provide money, safe houses, and other support to those who have committed acts of terrorism against abortion providers. These terrorists do not work alone, and we now have an important opportunity to reduce the violence and harassment that abortion providers in this country face on a daily basis.… Now is the time to uncover the ring of extremists who are part of the Army of God and reduce the violence against abortion providers once and for all.” [National Abortion Federation, 3/30/2001]
Confession and Conviction - Kopp will be extradited over a year later (see June 5, 2002 and After). He will confess to the murder shortly afterward (see November 21, 2002) and will be pronounced guilty in 2003 (see March 17-18, 2003).

Entity Tags: Vicki Saporta, Dennis Malvasi, Barnett Slepian, Army of God, Federal Bureau of Investigation, James Kopp, Loretta Marra

Timeline Tags: US Domestic Terrorism

DVD cover illustration of the film ‘Soldiers in the Army of God.’DVD cover illustration of the film ‘Soldiers in the Army of God.’ [Source: HBO / St. Pete for Peace]Cable movie provider HBO airs a documentary, Soldiers in the Army of God, focusing on the violent anti-abortion movement (see 1982, Early 1980s, August 1982, and July 1988) and three of its leaders. National Public Radio airs a profile of the documentary, featuring an interview with the film’s producers, Marc Levin, Daphne Pinkerson, and Daniel Voll. According to Voll, the film focuses on three members of the “Army of God”: young recruit Jonathan O’Toole, who says he was looking for the most “radical” and “terroristic” anti-abortion group he could find; Neal Horsley, who runs an anti-abortion Web site; and long-haul trucker Bob Lokey, who recruits new members.
'Violent Fringe' of Anti-Abortion Opposition - Voll describes the three as part of the “violent fringe” of anti-abortion opposition: “These are the guys on the ground who are—whatever the words that politicians and other leaders of these cultural wars can put out there, these are the men who hear them and feel emboldened by them, who feel encouraged by each other, and they are every day praying for God’s will in their life.” Another unidentified man says: “Anybody who raises a weapon up against these people who are slaughtering these babies, before God and the entire world, right now I say you are doing God’s own work. And may the power of God be with you as you aim that rifle. You’re squeezing that trigger for Almighty God.” In the documentary, an unidentified anti-abortion activist says: “There are people in this world right now who are looking for directions on what do we do. Well, we end abortion on demand by the most direct means available to us. So stop the abortion with a bullet, if that’s what it takes. Stop it with a bomb, if that’ s what it takes. You stop abortion on demand. Don’t let it go any farther.” O’Toole says that the “next step is to arm ourselves in a militia, a real militia that has the power to resist the federal government.” Pinkerson says that O’Toole, who was 19 when he joined the Army of God, found Horsley on the Internet through Horsley’s Web site, “The Nuremberg Files,” which lists doctors who perform abortions (see January 1997). O’Toole became Horsley’s assistant, and through him met Lokey, who runs a Web site called “Save the Babies.” In the film, O’Toole, whom the producers speculate may eventually become an assassin of abortion providers, says that because of America’s legalization of abortion, the country has become like “Nazi Germany. It’s like you’ve got concentration camps around you.” Levin notes that filmed conversations between Horsley and Lokey show that many in the movement feel threatened by the concept of women’s equality, and blame men’s failure to exert “dominion” over women as part of the reason why the US legalized abortion. [National Public Radio, 3/30/2001; Womens eNews, 3/30/2001]
Opposition to Homosexuality - Horsley draws a connection between the organization’s opposition to abortion and the American citizenry’s supposed opposition to homosexuality, saying: “If the American people woke up, and realized that they had to choose between legalized abortion, legalized homosexuality, and legalized all the rest of the desecration or civil war which would cause the rivers to run red with blood—hey, you know we will see legalized abortion go like that! We’ll see legalized homosexuality go like that! Because the American people are not willing to die for homosexuals.”
Bringing Bomb-Making Materials to Washington - The film also shows Lokey bragging to convicted clinic bomber Michael Bray (see September 1994) that he has just trucked 45,000 pounds of ammonium nitrate, a substance that can be used to make “fertilizer bombs” similar to the one that destroyed an Oklahoma City federal building (see 8:35 a.m. - 9:02 a.m. April 19, 1995), into Washington, DC.
Anti-Abortion Opposition Part of an 'Apocalyptic' Death Struggle - Author and reporter Frederick Clarkson writes: “At once shocking, compelling, and beautifully made, the film is essentially the national television debut for the aboveground spokesmen and spokeswomen of the Army of God.… Horsley and others are quite clear in their public statements and their writings that the attacks on clinics and the murders of doctors are but warning shots in what they envision as an epochal, even an apocalyptic struggle at hand. Either Americans conform to their view of God’s laws, or there will be a blood bath, they say. And there is no evidence that they are anything but dead serious.” [Womens eNews, 3/30/2001]

Entity Tags: Michael Bray, Frederick Clarkson, Daphne Pinkerson, Daniel Voll, Bob Lokey, Army of God, Home Box Office, Marc Levin, Neal Horsley, National Public Radio, Jonathan O’Toole

Timeline Tags: Domestic Propaganda, 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

Anti-government groups believe that convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was a brainwashed “patsy” who undermined them, and is not a martyr to their cause, according to experts who monitor the groups. McVeigh is awaiting execution at an Indiana prison. Mark Pitcavage, who tracks right-wing hate groups for the Anti-Defamation League, says: “They view Timothy McVeigh as a patsy, as a sort of Lee Harvey Oswald type. Why hasn’t he come clean? Because he’s been brainwashed, [the groups believe,] and the government wants to execute him before he can wake up.” The Oswald comparison refers to the belief that some have that Oswald was an innocent man framed for the killing of President John F. Kennedy. Some anti-government extremists say that McVeigh was programmed by government agents to cause dissension among anti-government groups, and to give the government an excuse to crack down on the groups. Even so, some experts warn, some anti-government and militia groups will choose April 19, the date of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), as a day to recognize and to possibly carry out further violence. Political scientist Evan McKenzie says, “Every April 19, everyone should hold their breath.” [Reuters, 4/5/2001]

Entity Tags: Timothy James McVeigh, Evan McKenzie, Mark Pitcavage

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997), waiting for his execution (see January 16, 2001), meets with his father Bill McVeigh for the last time. He again refuses to apologize for the bombing: “Dad, if I did, I wouldn’t be telling the truth,” he says. [The Oklahoman, 4/2009]

Entity Tags: Timothy James McVeigh, William (“Bill”) McVeigh

Timeline Tags: US Domestic Terrorism

Attorney General John Ashcroft announces that survivors and relatives of victims of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) will be allowed to witness Timothy McVeigh’s execution via closed-circuit television. [Fox News, 4/13/2005]

Entity Tags: Timothy James McVeigh, John Ashcroft

Timeline Tags: US Domestic Terrorism

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

David Schippers, the House Judiciary Committee’s chief investigator in the Clinton impeachment trial, was hired to represent FBI agent Robert Wright in September 1999 (see August 3, 1999). After 9/11, Schippers will claim that he began privately informing congresspeople about Wright’s investigation into terrorism financing in the US in early 2001, but found little interest (see February-March 2001). Schippers appears to have had different sources than Wright who began telling him about attack warnings. Supposedly, the first warning was based on a secret February 1995 report which stated that bin Laden was planning three attacks on the US: the bombing of a federal building in the heartland of the US, shooting down or blowing up an airplane, and a massive attack in lower Manhattan. Schippers believes the first warning was a prediction of the April 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the second was a prediction of the 1996 explosion of TWA Flight 800 (see July 17, 1996-September 1996). In some versions of this warning, the Manhattan attack was meant to be caused by a “dirty bomb” - explosives mixed with radioactive materials - but other accounts described the use of planes as weapons instead. He says one of his sources for this early warning was Yossef Bodansky, director of the Congressional Task Force on Terrorism and Unconventional Warfare. Schippers will claim that his sources continued to uncover further information. The Manhattan warning “had started out just a general threat, but they narrowed it and narrowed it, more and more with time,” until the “same people who came out with the first warning” tell him in May 2001 that “an attack on lower Manhattan is imminent.” Schippers speaks to several FBI agents directly, and hears that “there are [other agents] all over the country who are frustrated and just waiting to come out.” They are frustrated by “a bureaucratic elite in Washington short-stopping information,” which gives “terrorism a free reign in the United States.” Schippers later claims that some FBI agents later told him that before 9/11, “they had [Mohamed] Atta in their sights.” They also had attempted to “check out” the names and activities of “very strange characters training at flight schools.” He will claim that “FBI agents in Chicago and Minnesota” tell him “there [is] going to be an attack on lower Manhattan.” Schippers will later claim that he will attempt to contact Attorney General John Ashcroft and other politicians about this warning in coming months, but that they will show little interest (see July-Late August 2001). [WorldNetDaily, 10/21/2001; Indianapolis Star, 5/18/2002; Ahmed, 2004, pp. 258-260]

Entity Tags: Osama bin Laden, Yossef Bodansky, Al-Qaeda, David Schippers, William Jefferson (“Bill”) Clinton, John Ashcroft, Robert G. Wright, Jr., Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An investigative report commissioned by Charles Key (R-OK), a former Oklahoma legislator with ties to regional militia organizations, will conclude that the government’s investigation into the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was riddled with omissions and errors. Key informs WorldNetDaily (WND), a conservative news Web site, of the upcoming report’s conclusions. Key helped convene a grand jury investigation in 1998 to look into questions surrounding the bombing; when the jury found no evidence of a larger conspiracy, as Key had hoped it would (see December 30, 1998), he denounced the jury’s findings and created the Oklahoma Bombing Investigation Committee, an independent body that conducted the investigation and wrote the report. Key says he hopes the report will help Americans finally “get to the truth” behind the bombing conspiracy. “The purpose of our report is to document the truth,” Key tells WND. “We, as so many others do, believe that facts regarding other perpetrators, prior knowledge, and the number of explosive devices used to damage the Murrah Building has been concealed.” Key says the committee found “substantial evidence” proving that federal law enforcement officials and court officials knew of the attack well beforehand, but either ignored those warnings or deliberately allowed the attack to go forward. One of those warnings came from a government informant, Carole Howe, whose credibility was questioned by her handlers at the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995). Other warnings came from two informants affiliated with organizations in foreign countries, Key says. Four government agencies, including the BATF and the US Marshals, received a notification “to be on the alert for possible attacks against individuals, federal institutions, or the public at large.” Key also says that Federal Judge Wayne Alley, who originally handled the case against convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), told a reporter that the day of the bombing he had been warned to be on the alert for a possible bombing. Key also says he has statements from five witnesses who claim that no BATF agents were in the building at the time of the attack (this is false; a BATF agent documented his experiences in trying to escape from the building; see 9:02 a.m. and After, April 19, 1995). Other witnesses have told Key that they saw bomb squad vehicles in downtown Oklahoma City before the bomb went off. Key says “over 70 witnesses” saw McVeigh “and one or more John Does” in the days before, and on the day of, the bombing. After the bombing, Key says, around 40 witnesses identified the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) as a man of Middle Eastern descent (see 10:00 a.m. April 19, 1995 and After). Federal authorities ignored those witnesses, Key claims. Key also says that several witnesses in the building told of a “second bomb” going off before (not after) McVeigh’s truck bomb exploded. (Claims that a second bomb went off after the truck bomb detonated have been disputed—see After 9:02 a.m. April 19, 1995 and 9:22 a.m. April 19, 1995). Some of the witnesses say that the first, smaller detonation drove them to hide under their desks just before the larger bomb detonated, thus giving them the chance to save themselves. Key says the committee obtained seismological evidence from what he calls an expert source that, he says, “supports the fact that there were multiple explosions” that morning. But, as was the case with other witnesses, the expert “was not allowed to testify at the federal trials,” the report says. And, Key says, witnesses claim to have actually seen a number of bombs in the building that morning, reports that caused rescue personnel to evacuate the building while people were still trapped inside (see 10:00 a.m. and After, April 19, 1995 and 10:28 a.m. April 19, 1995). The report questions the size of McVeigh’s bomb, which was estimated at a number of different sizes but was eventually concluded by government experts to be somewhere around 4,800 pounds; the report says that estimate is incorrect. The damage suffered by the Murrah Building could not have been caused by a bomb of that size, according to “experts” quoted by the report. Key also says that the government deliberately prevented evidence of others’ involvement in the bombing to be used in McVeigh’s and Nichols’s trials, and says that indictments against the two named those persons (this is false—see August 10, 1995). Key says allegations by Jayna Davis that Osama bin Laden masterminded the bomb conspiracy (see March 20, 2001) support the report’s contentions. The report contains other allegations, including possible involvement by federal law enforcement and court officials, FBI officials refusing to allow Federal Emergency Management Agency (FEMA) personnel to investigate the building, FBI officials refusing to run fingerprint checks of over 1,000 prints obtained in the investigation, what the report calls “blatant bias” exhibited towards “anyone asking questions or probing into facts,” and of breaking “[v]irtually all of the rules governing grand juries.” Key’s committee concludes that the Clinton administration “had prior knowledge of the bombing,” and that “McVeigh and Nichols did not act alone.” Key tells WND: “The final report represents years of extensive investigation and countless interviews. It contains information never reported before in any forum.” [WorldNetDaily, 5/4/2001]

Entity Tags: Timothy James McVeigh, Carole Howe, Charles R. Key, Oklahoma Bombing Investigation Committee, Federal Bureau of Investigation, Jayna Davis, Wayne E. Alley, WorldNetDaily

Timeline Tags: US Domestic Terrorism

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 James Sterngold goes to Kingman, Arizona, to interview people there about a former resident, convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), who now awaits execution (see June 11-13, 1997). While many in the small desert town continue to voice their suspicion of, and opposition to, the federal government as McVeigh did, they do not endorse McVeigh’s actions. McVeigh’s friend Walter “Mac” McCarty, an elderly ex-Marine who always carries a gun on his hip, recalls McVeigh attending some of his courses on handgun usage and safety (see February - July 1994). McCarty says he is angry at McVeigh for blowing up the Murrah Federal Building and killing 168 people (see 8:35 a.m. - 9:02 a.m. April 19, 1995). He calls the bombing senseless, but has an equal amount of anger and criticism for the FBI’s actions after the bombing, when he says agents from that bureau descended on the town and harassed its citizens. Kingman is not a haven for anti-government extremists, McCarty says. “There never was at any time a really organized militia or group like that around Kingman, and I would know,” he says. There are some people around here who think that way, I can tell you that. But it’s not organized like they say.” McCarty’s statement does not completely coincide with Kingman history. Arizona has had a number of active militias in the recent past, according to Kingman Police Chief Larry J. Butler, and some terrorist attacks, the largest being the derailment of an Amtrak train six months after McVeigh detonated his bomb (see October 9, 1995). Butler says during the mid-1990s, he would occasionally hear of hunters coming across makeshift survivalist camps in the desert. Butler remembers some “zealots” who would argue with his officers, claiming the government had no right to force them to register their cars or get drivers’ licenses, but he says those confrontations had dwindled away to almost nothing. Butler says: “To the extent there were any, Tim McVeigh killed the feelings for militias around here. I can tell you, there’s no sympathy for them.” Steve Johnson of the Mohave County Sheriff’s Department, agrees, saying: “I can’t say that they are here and I can’t say that they aren’t here. We just don’t see them.” Groups like the Southern Poverty Law Center say that since McVeigh’s bombing, the number of militia groups in Arizona has dropped sharply. [New York Times, 5/10/2001]

Entity Tags: Southern Poverty Law Center, Federal Bureau of Investigation, Larry J. Butler, Steve Johnson, James Sterngold, Timothy James McVeigh, Walter (“Mac”) McCarty

Timeline Tags: US Domestic Terrorism

The Justice Department reveals that it failed to turn over nearly 4,000 pages of documentary evidence to the defense in the trial of convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). Attorney General John Ashcroft postpones McVeigh’s execution (see January 16, 2001) for 30 days to allow defense attorneys to review the newly released documents. [Douglas O. Linder, 2001; New York Times, 5/11/2001; Washington Post, 5/11/2001; Fox News, 4/13/2005] Apparently many of the documents relate to the FBI’s investigation into the never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), which the agency now terms a “dead-end” investigation. Sources say many of the documents are “302 forms,” the forms that document the raw interviews conducted by agents with witnesses. [Washington Post, 5/11/2001; Mayhem (.net), 4/2009] The documents were found by bureau archivists in Oklahoma City as they canvassed the agency’s 56 field offices in a final search of records related to the bombing in anticipation of McVeigh’s execution (see June 11-13, 1997). Lawyers for both McVeigh and his convicted co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) were legally entitled to review the records as they prepared for the two trials. Justice Department spokesperson Mindy Tucker issues the following statement: “On Tuesday, May 8, the Department of Justice notified Timothy McVeigh’s attorney of a number of FBI documents that should have been provided to them during the discovery phase of the trial. While the department is confident the documents do not in any way create any reasonable doubt about McVeigh’s guilt and do not contradict his repeated confessions of guilt, the department is concerned that McVeigh’s attorneys were not able to review them at the appropriate time.” The FBI blames its obsolete computer system for the error. Prosecutors say the documents were not material to either case. McVeigh’s former lawyer Stephen Jones says, “I said all along they weren’t giving us everything.” [New York Times, 5/11/2001; Indianapolis Star, 2003] Law professor James S. Liebman, who helped conduct an extensive study of death penalty appeals across the country, says the failure to produce the documents is “something I’ve just never heard of.… I can tell you, it’s extremely rare if it’s ever happened before.” [Washington Post, 5/11/2001]

Entity Tags: Federal Bureau of Investigation, James S. Liebman, Mindy Tucker, Stephen Jones, John Ashcroft, Terry Lynn Nichols, Timothy James McVeigh, US Department of Justice

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

One of the documents turned over to the lawyers for convicted Oklahoma City bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) is a report about a purported eyewitness to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) whose statements were attacked during McVeigh’s trial. Eyewitness Morris John Kuper Jr. called the FBI two days after the bombing to say that an hour before the bombing, he saw a man resembling McVeigh walking in the company of another man near the Murrah Federal Building. He told agents that he saw both men get into an old, light-colored car similar to the Mercury Marquis McVeigh was arrested in later that morning (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). In court, Kuper described the other man as being similar to a sketch of the suspected, never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Kuper also testified that he told agents they should check security cameras at two nearby buildings to see if they caught anything, but, Kuper told the court, “they took my name and phone number and never contacted me again.” FBI documents show that he contacted the FBI via email in October 1995, not on April 21 as he claimed; US Attorney Patrick Ryan challenged Kuper’s credibility in court over the discrepancy in dates. The newly discovered document details Kuper’s conversation with agents on April 21. Ryan says now that he never knew the document existed: “I certainly would never intentionally tell the jury someone had not come forward for six months if I knew they had come forward a couple of days after the bombing.” Ryan says that he still believes Kuper and other defense witnesses who claimed to have seen others accompanying McVeigh before the bombing were “fairly unreliable. The problem with any of these witnesses, even if some were right, you didn’t know which were the right ones and which were the wrong ones.” At the time, fellow prosecutor Beth Wilkinson compared the “John Doe No. 2” accounts to “Elvis sightings.” McVeigh has also said that “John Doe No. 2” does not exist. [New York Times, 5/27/2001]

Entity Tags: Morris John Kuper, Jr, Beth Wilkinson, Patrick M. Ryan, Federal Bureau of Investigation, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Chief Ray Downey of the New York City Fire Department (FDNY) firmly believes that a major terrorist attack in the United States is imminent. According to a book written by his nephew, in the months before 9/11, Downey has on his desk “all the reports he can get his hands on about the threat of terrorism.” This is because he “has become convinced that a major terrorist attack is coming and that very few people in New York, or the United States, are prepared for this eventuality.” [Downey, 2004, pp. 218-219]
Fire Chief Warns, 'We're Gonna Get Hit Bad' - Downey was in charge of rescue operations following the terrorist bombings of the World Trade Center in 1993 (see February 26, 1993), the Murrah Federal Building in Oklahoma City in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and the Olympic Games in Atlanta, Georgia, in 1996. [New York Times, 11/22/2001; Fire Engineering, 3/2002] Having witnessed the aftermath of these attacks, he now feels “certain that a big one [is] coming next.” Whenever a conversation turns to the subject of terrorism, he warns, “We’re gonna get hit bad.” Furthermore, the 1993 WTC bombing demonstrated to him that Islamic terrorists see New York as their prime target. Downey has discussed his concerns with his men and outlined various scenarios to them. He thinks the “big one” is most likely going to be an attack involving a chemical or dirty bomb in an urban environment. [Downey, 2004, pp. 224]
Chief Has Planned the Fire Department's Response to Terrorism - Downey is in charge of the FDNY’s renowned Special Operations Command (SOC). [New York Post, 12/16/2001; Fire Engineering, 3/2002] The SOC is an elite group of firefighters who respond to unique fire and emergency situations, and its members are trained to deal with catastrophes. [New York Daily News, 10/21/2001; Long Island Herald, 7/13/2007; Smithsonian, 8/31/2013] As head of the unit, Downey is responsible for planning the FDNY’s response to terrorist attacks. He has “worked out various scenarios for terrorist attacks—who would be the first, second, and third of his companies on scene; what would each unit do,” according to the book by his nephew. He has “studied floor plans of major landmarks, looked at aerial views of [New York], thought about traffic routes, bridges, and tunnels.” [Downey, 2004, pp. 222-223]
Chief Serves on a Government Commission on Terrorism - Downey is also a member of the Gilmore Commission, an advisory panel established in 1999 to assess America’s capabilities for responding to domestic terrorist incidents involving weapons of mass destruction. [New York Times, 11/22/2001; Fire Engineering, 3/2002] And in his spare time, he has traveled around the country, “preaching the need to prepare for terrorism,” according to Hal Bruno, chairman of the National Fallen Firefighters Foundation. [Newsday, 9/13/2001]

Entity Tags: Hal Bruno, Ray Downey, New York City Fire Department

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Eric D. Hanson, a former Marine, overt racist, and member of the neo-Nazi National Alliance (see 1970-1974), is killed after a 14-hour gun battle and standoff with police in Lindenhurst, Illinois. Police investigtors approach Hanson while he is sitting in his car in front of his house, and attempt to arrest him for illegal weapons possession and gunrunning. Hanson flees, and the officers follow him to a grocery store parking lot. Hanson then opens fire on the officers, shooting one in the neck and thigh and a second in his bulletproof vest. Hanson runs inside the store, exits to again shoot at the officers, enters the store again and tells those inside to leave, and hides inside the now-deserted store. Police descend on the store. At 3:00 a.m., a remote-controlled bomb squad robot searches the store, but does not locate Hanson. A tactical weapons team then enters the store and finds Hanson hiding in a meat locker. Hanson fires at the tactical officers and they return fire, killing him. Hanson was previously convicted of assaulting an interracial couple in 1999, and told the jury during the proceedings: “Whites and blacks should be separate. It made me upset to see them together.” After his release from jail, he worked diligently for the National Alliance, distributing racist and anti-Semitic literature in Chicago and organizing a local unit in that city. According to a friend, Hanson particularly enjoyed “agitat[ing] the Jews,” and the friend tells reporters of an incident where Hanson and two other Alliance friends bought an Israeli flag in a local mall and stomped it in the middle of the mall while screaming anti-Semitic imprecations. Six months before his final standoff, Hanson assaulted an African-American woman after attending a Ku Klux Klan rally (see December 16, 2000). National Alliance members will memorialize Hanson in emails and Internet forum postings, calling him a hero, a “racial leader” and a “brave warrior,” and accusing police of setting up the situation to ensure Hanson’s death. Alliance members will grant Hanson the status of official “martyr” for the “cause.” [Center for New Community, 8/2002 pdf file; Southern Poverty Law Center, 9/2002; Nicole Nichols, 2003] After Hanson’s death, Dave Neesan, who will succeed Hanson as the Alliance chapter leader in Chicago, will write, “His honor, patriotism, and honesty led him to draw an obvious conclusion: America is in deep trouble, and real Americans—White Americans—are being pushed out of their country.” Hanson was a “white patriot” who was merely protecting his rights against an unfair and murderous police presence, Neesan will say. More importantly, according to Neesan, Hanson’s death galvanizes the Chicago chapter, pushing it to more prominent actions in and around Chicago, though nothing to the level of violence in which Hanson engaged. Like many other more modern white supremacists, Neesan believes in moderating the appearance of organizations like the Alliance, eschewing “white sheets” and racial epithets for suits and ties and toned-down language. Still, Neesan will claim, Hanson and his actions, including his assaults on African-Americans and his violent resistance to arrest, make him a role model for newer Alliance members. [Daily Herald (Arlington Heights), 5/2/2004]

Entity Tags: National Alliance, Ku Klux Klan, Dave Neesan, Eric D. Hanson

Timeline Tags: US Domestic Terrorism

William Pierce, the head of the National Alliance (see 1970-1974) and the author of the infamous race-war fantasy The Turner Diaries (see 1978), says that Timothy McVeigh, the convicted Oklahoma City bomber (see June 2, 1997 and June 11-13, 1997) who was inspired by Pierce’s book, is a “man of principle” who is “willing to accept the consequences” for what he did. However, Pierce does not give his blessing to McVeigh’s act of terrorism, saying: “I wouldn’t have chosen to do what he did.… It’s really shameful to kill a lot of people when there’s no hope for accomplishing anything.” He says that while some of his NA members quit after the bombing, new ones joined: “Probably, on the whole, it was helpful,” he says. [New York Times, 6/9/2001; Anti-Defamation League, 2005]

Entity Tags: William Pierce, Timothy James McVeigh, National Alliance

Timeline Tags: US Domestic Terrorism

A small number of Branch Davidians, who live a quiet existence outside of Waco, Texas, and worship in a church dedicated in April 2000 (see September 18, 1999 - April 19, 2000) and built very near the site of the April 1993 conflagration that killed almost 80 of their fellow Davidians (see April 19, 1993), say they have no connection to Oklahoma City bomber Timothy McVeigh. McVeigh, a racist white separatist who evidence shows used the 1993 tragedy as a spark for his decision to bomb a federal building in Oklahoma City on the second anniversary of the Davidian tragedy (see 8:35 a.m. - 9:02 a.m. April 19, 1995), is due to be executed for his crime (see June 2, 1997). Davidian leader Clive Doyle says his group does not appreciate McVeigh’s actions. “I don’t see that blowing up a building that kills a whole bunch of kids really makes a strike against the government or law enforcement, if that’s what you’re against,” he says. “It didn’t hurt them all that much and it didn’t help us.” Doyle escaped the April 1993 fire that destroyed the Mt. Carmel compound, but lost his 18-year-old daughter in the flames. Doyle and others say that in recent weeks more and more radical-right extremists have come to view the site of the conflagration; he has begun building a security fence to keep out unwanted visitors. Robert Darden, an English professor who wrote a book on the Branch Davidians and the Waco siege, says the sect is generally peaceful, and had been so until its leader David Koresh led its members down a path of armed militancy. Doyle says he does not believe Koresh would have approved of either the McVeigh bombing or any armed assault against government authorities. He recalls Koresh welcoming a man who offered to rally thousands of militiamen in an attack on federal agents, but also says Koresh discouraged such an action. Ron Goins, who is not a Davidian but who often visits the new church and its members, says, “I felt the same rage [as McVeigh], but I didn’t feel the responsibility upon myself to take lives, especially since there were innocent people who died in Oklahoma City.” Moreover, Goins says, McVeigh’s bombing shifted public attention away from scrutiny of the government and toward “mad bombers, lone gunmen, and things like that.” Doyle says he is unhappy that people now connect the Davidian tragedy with the Oklahoma City bombing. [Waco Tribune-Herald, 6/10/2001]

Entity Tags: Ron Goins, Branch Davidians, Robert Darden, Clive J. Doyle, David Koresh, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism, 1993 Branch Davidian Crisis

A screenshot from ‘Stormfront for Kids,’ depicting the site’s logo and two Confederate-era flags.A screenshot from ‘Stormfront for Kids,’ depicting the site’s logo and two Confederate-era flags. [Source: USA Today]USA Today reports on the participation of Derek Black, the 12-year-old son of Don Black, in his father’s Web activities. The elder Black operates Stormfront, the Internet’s first large-scale Web site promoting racial hatred and white supremacy (see March 1995). Black is proud of his son, telling a reporter that he “[c]ouldn’t ask for anything more.” He keeps a framed photo of Derek dressed in a Confederate soldier’s uniform above his desk in his home office. Derek runs the site’s children’s section, Stormfront for Kids, under his father’s supervision. The children’s pages feature puzzles, games, animated Confederate flags, audio files of white-pride songs, what USA Today calls “an inflammatory article about Martin Luther King Jr.,” and a personal statement from Derek asking visitors to stop sending him hate mail. “I get a lot of people who think I’m just a pawn in this horrible game of lies,” says Derek, who has been home-schooled since third grade by his mother, Chloe. “One person said: ‘Don’t listen to what your father says. Go turn on the Discovery Channel. Find out what the real world is like.’ Why would I turn on the TV to find out what the real world is like?” Stormfront for Kids is emblematic of the white supremacist movement’s outreach to younger potential members. Of the estimated 2,500 “hate” Web sites, 44 have sections designed for children, teens, and parents, according to Mark Weitzman of the Wiesenthal Center’s Task Force Against Hate. Though the number of sites may be small, USA Today reports that child psychologists and others monitoring their activity are alarmed about their reach and influence. “If you have a susceptible child who is angry and depressed, the sites could push a child toward certain behavior,” says psychiatrist Sirgay Sanger, director of New York City’s Early Care Center. “It’s the first step toward throwing a rock.” Weitzman says: “The number of people involved in these movements is not the only important factor. Sometimes when the numbers are low, members think the only way they can get their message across is through an act of domestic terrorism or extreme violence.” The most effective way that Stormfront and other groups such as the National Alliance (see 1970-1974) reach young people is through “skinhead” music, says Jordan Kessler, director of an Internet monitoring unit for the Anti-Defamation League (ADL). “This is a language kids understand—a band of cool-looking young guys blasting out music.” One label, Resistance Records (see Late 1993 and Summer 1999), sold “close to $1 million” in merchandise last year, mostly online, according to Erich Gliebe, the leader of the National Alliance and the CEO of Resistance Records. That label sells items such as Nazi parade flags and a CD titled “War Songs of the 3rd Reich, Vol. 3.” Black says, “People say, ‘You’re teaching your son Satan.’” But, he says, “I think anyone who is critical of me for instilling in my son my world view has lost track of how a society should function.” [USA Today, 7/16/2001]

Entity Tags: Mark Weitzman, Don Black, Derek Black, Chloe Black, Erich Josef Gliebe, National Alliance, Jordan Kessler, Stormfront (.org), Sirgay Sanger, Resistance Records, USA Today, Stormfront for Kids

Timeline Tags: US Domestic Terrorism

David Schippers.
David Schippers. [Source: Publicity photo]David Schippers, the House Judiciary Committee’s chief investigator in the Clinton impeachment trial and the lawyer for FBI agent Robert Wright since September 1999, will later claim that he was warned about an upcoming al-Qaeda attack on lower Manhattan in May 2001 (see May 2001). After May, Schippers continues to get increasingly precise information about this attack from FBI agents in Chicago and Minnesota, and around July he renews efforts to pass the warning to politicians. He will claim, “I tried to see if I could get a Congressman to go to bat for me and at least bring these people [to Washington] and listen to them. I sent them information and nobody cared. It was always, ‘We’ll get back to you,’ ‘We’ll get back to you,’ ‘We’ll get back to you.’” At the same time he is attempting to pass on this warning, he will claim he is also attempting to pass on the work of reporter Jayna Davis and her theory that Middle Easterners were involved in the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and also Wright’s claim that Hamas operatives were operating freely inside the US (see February-March 2001). The three claims put together seem to lead to a bad response; Schippers later comments, “People thought I was crazy.” Around July 15, he attempts to contact Attorney General John Ashcroft. Conservative activist “Phyllis Schlafly finally apparently made some calls. She called me one day and said, ‘I’ve talked to John Ashcroft, and he’ll call you tomorrow.’” The next day, one of Ashcroft’s underlings in the Justice Department calls him back and says, “We don’t start our investigations with the Attorney General. Let me look into this, and I’ll have somebody get back to you right away.” Schippers will say he never did hear back from anyone in the Justice Department. Perhaps coincidentally, on July 26 it will be reported that Ashcroft has stopped flying commercial aircraft due to an unnamed threat (see July 26, 2001). In late August, his FBI agent sources again confirm that an al-Qaeda attack on lower Manhattan is imminent. [WorldNetDaily, 10/21/2001; Indianapolis Star, 5/18/2002; Ahmed, 2004, pp. 258-260] In 2003, Wright will say, “In 2000 and in 2001, [Schippers] contacted several US congressmen well before the September 11th attacks. Unfortunately, these congressmen failed to follow through with Mr. Schippers’ request that they investigate my concerns.” It is not clear if Wright was one of the Chicago FBI agents that Schippers claims gave warnings about a Manhattan attack, or if Wright is only referring to Wright’s investigation into funding for Hamas and other groups that Schippers was also warning politicians about (see February-March 2001). [Federal News Service, 6/2/2003]

Entity Tags: William Jefferson (“Bill”) Clinton, US Department of Justice, Al-Qaeda, Robert G. Wright, Jr., Phyllis Schlafly, John Ashcroft, Hamas, Federal Bureau of Investigation, David Schippers, Jayna Davis

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A hotel owner in Oklahoma City will later say that he sees Zacarias Moussaoui, Mohamed Atta, and Marwan Alshehhi together on or around this day. He will claim they come to his hotel late at night and ask for a room, but end up staying elsewhere. At the time, Moussaoui is living 28 miles away in Norman, Oklahoma (see February 23-June 2001). However, even though the US government will later struggle to find evidence directly connecting Moussaoui to any of the 9/11 hijackers, this account will not be cited by any US government officials or prosecutors. An article will later suggest this may be because of numerous reports and eyewitnesses claiming Timothy McVeigh and Terry Nichols stayed at the same hotel with a group of Middle Easterners in the weeks before the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). By highlighting this encounter, it might draw renewed attention to controversial Oklahoma City bombing theories. Atta and Alshehhi briefly visited an Oklahoma flight school in July 2000 (see July 2-3, 2000), before Moussaoui arrived in the US. On April 1, 2001, 9/11 hijacker Nawaf Alhazmi received a speeding ticket in Oklahoma (see April 1, 2001), but there have been no sightings of him with Moussaoui. [LA Weekly, 8/2/2002]
Link to Oklahoma City Bombing? - Former CIA analyst Larry Johnson will say of this meeting: “One of the things that’s evident right now in connection with this investigation, the motel in Oklahoma City where the April bombing against the Murrah building was planned and executed from, that same hotel figures in two of the 9/11 hijackers and Zacarias Moussaoui, who’s currently in jail. Those three guys tried to check into that motel. And there is another fellow in Oklahoma City that links them to the April bombing against the Murrah building.… I have spoken to the owner of the motel. After the 9/11 attack, he called the FBI. The FBI came out and interviewed him, as he identified Mohamed Atta, Marwan Alshehhi, and Zacarias Moussaoui. They came in. They said, ‘We’re looking for a room.’ He said: ‘I don’t have any room. What do you need it for?’ They said, ‘We’re going for flight training.’” [O'Reilly Factor, 5/7/2002]
Intriguingly Similar Sightings Nearby - Years later, a 2002 FBI document will be made public that reveals several employees at a flight school in Bethany, Oklahoma, saw Atta, Alshehhi, and hijacker Waleed Alshehri flying small aircraft several times from early 2001 until August 2001. Additionally, Moussaoui was said to use the same airport, although there will be no mentioned sightings of him with the others. Bethany is about five miles from Highway 40, which is where the hotel mentioned above is near. Additionally, the hotel is about 28 miles from Norman, Oklahoma (where Moussaoui is living) and Bethany is about 33 miles from Norman (see Early 2001-August 2001). [Federal Bureau of Investigation, 4/19/2002]

Entity Tags: Marwan Alshehhi, Larry C. Johnson, Mohamed Atta, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Conservative pundit and author David Horowitz labels the entire United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance as itself “racist.” Horowitz, in an appearance on Fox News’s Hannity and Colmes, refers to the conference, about to be held in Durban, South Africa, as being “run by Arab and African states… all of them, to a, to a state, practically, maybe there’s one that’s not a dictatorship, it’s racist.” He applauds the Bush administration’s decision not to send a senior representative to the conference. [Media Matters, 12/1/2004]

Entity Tags: Bush administration (43), United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, David Horowitz

Timeline Tags: Domestic Propaganda

Oklahoma City District Attorney Wes Lane announces that Oklahoma will continue prosecuting convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) on 160 state charges of murder, in part because the state fears Nichols may win his federal appeals (see June 4, 1998). “I will not roll the dice on this issue. There is simply too much at stake,” Lane says. He says that the state will seek the death penalty against Nichols. Lane took over the case after District Attorney Robert Macy retired in June 2001; some have speculated that Oklahoma might drop the case due to the expenditure, the difficulty of finding an impartial jury, and the emotional toll on the victims of another trial. Nichols’s lead lawyer for the state case, Brian Hermanson, writes in a letter quoted by local newspapers that Nichols was willing to drop his appeals and accept a federal life sentence to avoid a state trial. The letter states: “Taking such a step ensures that he will spend the rest of his life in prison. It would enable Mr. Lane to drop the state prosecution, thereby sparing Oklahoma the trauma and expense of another trial.” Lane responds that “the interests of the people of the State of Oklahoma cannot be vindicated by the blind reliance on the federal government or Terry Lynn Nichols,” and says he will seek sanctions against Hermanson for what he calls a “glaring, blatant violation” of a state court order not to discuss the case. Shelly Thompson, who lost her mother in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says: “You can’t just get away with a little bit of a crime. We’re going to go for the whole thing. I want to make sure he will stay in prison for his life. This is something I need to do for her. He was not found guilty in my mother’s death and 159 other deaths. They are more than numbers.” [New York Times, 9/6/2001; The Oklahoman, 4/2009; Mayhem (.net), 4/2009]

Entity Tags: Terry Lynn Nichols, Brian Hermanson, Robert (“Bob”) Macy, Wes Lane, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

A training exercise is held at New York’s La Guardia Airport, based around the scenario of a terrorist attack with a biological weapon. Mark Edelman, chief external relations officer of the Greater New York chapter of the American Red Cross, will later say the Greater New York chapter has been preparing for the possibility of a biological terrorist attack since the bombing of the Murrah Federal Building in Oklahoma City in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995). And today—“the very Saturday before September 11”—there is “a bioterror drill at La Guardia Airport,” he will add. Details of what the exercise involves are unstated. Whether any agencies other than the Red Cross participate in the exercise is also unstated. [Philanthropy News Digest, 12/7/2001] La Guardia Airport is located eight miles from midtown Manhattan in the borough of Queens, New York, and is operated by the Port Authority of New York and New Jersey. [Bloomberg, 7/27/2015; Reuters, 7/27/2015] Another exercise is being held there today by the New York City Fire Department Bureau of Emergency Medical Services, which is based around a simulated plane crash (see September 8, 2001). [Academic Emergency Medicine, 3/2002]

Entity Tags: Mark Edelman, American Red Cross, La Guardia Airport

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David O. Cooke.David O. Cooke. [Source: US Department of Defense]Some Pentagon Renovation Program workers are concerned about the possibility of a plane being deliberately crashed into the Pentagon. This is according to Stacie Condrell, the leader of the Pentagon Renovation Program’s planning, relocation, requirements integration, standards, and space management group. Condrell will say, shortly after 9/11, that although the emergency response to an attack on the Pentagon was not part of its area of responsibility, her group had been “involved, as builders, in what we can do to be smarter and better prepared against things like” the 9/11 attack on the Pentagon.
Workers Contemplate a 'Crazy Pilot' Crashing a Plane into the Pentagon - She will say that, before 9/11, “the particular plane incident” her group thought might happen would involve “one of the regularly scheduled US Air commuter flights from North Carolina that flies directly over the center courtyard [of the Pentagon] 10 or 12 times a day.” This plane “would have a crazy pilot who would crash into the building.” The reason her group had this concern, Condrell will say, is that “all of the people specifically involved in analyzing the physical threat to our environment”—such as the secretary of defense, the other military secretaries, and members of the Defense Threat Reduction Agency and the Defense Protective Service—“mention over and over again that [the Pentagon is] the only national military headquarters in the world that allows commercial overflight.” [Historical Office, Office of the Secretary of Defense, 10/30/2001 pdf file]
Administrator Considers the Possibility of a Plane Hitting the Pentagon - David O. “Doc” Cooke, the Pentagon’s director of administration and management, will similarly say that the event of a plane being deliberately crashed into the Pentagon is seen as a possibility before 9/11. He will say that ways in which the Pentagon might be attacked that are considered possible include “a small aircraft, probably containing explosives, which would either drop the explosive or possibly dive into the building.” [Historical Office, Office of the Secretary of Defense, 10/18/2001 pdf file]
An Explosion outside the Pentagon Is Seen as the Biggest Threat - However, Lee Evey, manager of the Pentagon Renovation Program from November 1997, will say that an attack involving an explosion outside the building is considered the biggest danger to the Pentagon. When asked what he had considered the most likely threat to the Pentagon before 9/11, he will say that a “blast”—meaning an external explosion—“as a threat to the building was very much on our minds.” He will add that the Oklahoma City and Khobar Towers bombings in 1995 and 1996, respectively (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 25, 1996), “really influenced our thinking.” [Historical Office, Office of the Secretary of Defense, 10/22/2001 pdf file] Due to this concern, around 1997 or 1998, the Army Corps of Engineers performs simulations to measure how much damage the Pentagon would suffer if a truck bomb exploded outside it. [Historical Office, Office of the Secretary of Defense, 12/7/2001 pdf file; Vogel, 2007, pp. 417] The Pentagon Renovation Program, which began in the early 1990s, involves a complete overhaul of the interior of the Pentagon. [American Forces Press Service, 9/30/2005] From 1998, upgrading security at the Pentagon is one of its priorities. [Goldberg et al., 2007, pp. 6]

Entity Tags: David O. Cooke, Pentagon Renovation Program, Lee Evey, Stacie Condrell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bruce Baughman.Bruce Baughman. [Source: Elise Moore / FEMA]Bruce Baughman, director of the planning and readiness division of the Federal Emergency Management Agency (FEMA), takes charge at FEMA headquarters in Washington, DC, because more senior FEMA officials, including the agency’s director, are away from the capital. FEMA Director Joseph Allbaugh and Lacy Suiter, FEMA’s assistant director of readiness, response, and recovery, are in Big Sky, Montana, attending the annual conference of the National Emergency Management Association (see September 8-11, 2001 and After 8:46 a.m. September 11, 2001). Baughman, who led FEMA’s response to the Oklahoma City bombing in April 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995), therefore has to take charge of FEMA’s response to today’s terrorist attacks. In this capacity, he is responsible for activating FEMA’s emergency operations center, dispatching disaster medical personnel to the scenes of the attacks, and establishing emergency communications for New York. After the Twin Towers come down (see 9:59 a.m. September 11, 2001 and 10:28 a.m. September 11, 2001), he calls up the first FEMA urban search and rescue teams, which specialize in rescuing people from collapsed structures. [Block and Cooper, 2006, pp. 73-75] He will subsequently personally brief President Bush on three days while response operations are underway. [9/11 Commission, 11/17/2003 pdf file]
FEMA Will Help Local Agencies Respond to the Attacks - In May, Bush put FEMA in charge of responding to terrorist attacks in the United States (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] The agency therefore plays a key role in the government’s response to today’s attacks. The emergency response team at its headquarters is activated today, along with all 10 of its regional operations centers. It also activates its federal response plan, which, it states, “brings together 28 federal agencies and the American Red Cross to assist local and state governments in response to national emergencies and disasters.” It deploys eight urban search and rescue teams to New York to search for victims in the debris from the collapsed World Trade Center buildings, and four urban search and rescue teams to the Pentagon to assist the response there. These teams consist mainly of local emergency services personnel, and are trained and equipped to handle structural collapses. [Federal Emergency Management Agency, 9/11/2001; Federal Emergency Management Agency, 9/11/2001; US National Response Team, 2014, pp. 2 pdf file] In the days and weeks following the attacks, it will work with state and city officials to carry out the task of removing the debris from the WTC site. [Block and Cooper, 2006, pp. 75]

Entity Tags: Federal Emergency Management Agency, Joseph M. Allbaugh, Bruce Baughman, Lacy E. Suiter

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mark Loizeaux.Mark Loizeaux. [Source: Dan Gross / Washington Technology]Immediately after seeing the attacks on the the World Trade Center on television, Mark Loizeaux, the president of leading building demolition firm Controlled Demolition Inc (CDI), tries to contact government officials to warn them that the Twin Towers will probably collapse. [US News and World Report, 6/22/2003; New Scientist, 7/24/2004] Loizeaux will later recall his initial reaction to the crashes in New York. After the first tower is hit, he will say, “I told Doug [Loizeaux, his brother] immediately that the tower was coming down, and when the second tower was hit, that it would follow.” According to US News and World Report, “Horrified, the Loizeaux brothers watched first responders streaming into the doomed towers and tried frantically, and unsuccessfully, to phone in warnings.” [US News and World Report, 6/22/2003] Mark Loizeaux will recall, “I still had some cell phone numbers, so when the second plane hit I said, ‘Start calling all the cell phones, tell them that the building is going to come down.’” However: “It was frenetic, nobody could get through even with speed dialling.… Of course, building number 7, where the emergency management headquarters was, was on fire. I’d been in that office two months before.” Loizeaux then phones a couple of people on the National Research Council committee involved in assessing the impact of explosives. They ask him, “What do you think this is, that they’re going to fail, that they’re both going to fail?” Loizeaux will recall: “The expression around was they’re going to pancake down, almost vertically. And they did. It was the only way they could fail. It was inevitable.” [New Scientist, 7/24/2004] Soon after the attacks, Loizeaux, as a recognized expert, will be called upon to comment on the fall of the WTC towers. [Construction (.com), 9/13/2001] In addition, his firm will be involved with the clearing of Ground Zero. (It was also tasked with bringing down the remnants of the Murrah Federal Building in Oklahoma City after its partial destruction in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and 7:01 a.m. May 23, 1995).) [Construction (.com), 10/1/2001]

Entity Tags: Mark Loizeaux, Douglas Loizeaux

Timeline Tags: Complete 911 Timeline

Twenty minutes after the 9/11 attacks in New York (see 8:46 a.m. September 11, 2001 and 9:03 a.m. September 11, 2001) and Washington (see 9:37 a.m. September 11, 2001), a bomb truck is stationed in downtown Oklahoma City, in preparation for any potential bombing related to the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Additionally, an Oklahoma County Sheriff’s Department command post is activated where convicted bombing conspirator Terry Nichols (see September 5, 2001) is being held. [The Oklahoman, 4/2009]

Entity Tags: Terry Lynn Nichols

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

Andi Ball.Andi Ball. [Source: White House]Laura Bush, the president’s wife, and her entourage are driven from Capitol Hill to the Secret Service headquarters in Washington, DC, for their own security, but their journey is slowed by the heavy traffic. [Woodward, 2002, pp. 17; National Journal, 8/31/2002; Kessler, 2006, pp. 136; Bush, 2010, pp. 200-201] Bush has been at the Russell Senate Office Building in Washington, where she was originally scheduled to testify before a Senate committee. [CNN, 9/12/2001; Woodward, 2002, pp. 16-17] Her Secret Service agents have said they are going to take the first lady and her staff to a secure location. [Kessler, 2006, pp. 136] After the Secret Service emergency response team arrived for her, Bush was escorted out of the Russell Senate Office Building and to her limousine (see (Shortly After 10:00 a.m.) September 11, 2001). Bush and those accompanying her leave Capitol Hill at 10:10 a.m., according to Noelia Rodriguez, the first lady’s press secretary.
Agents with Guns Drawn Protect Motorcade - Secret Service agents protect Bush’s motorcade with their guns as it heads to the secure location. Ashleigh Adams, the first lady’s deputy press secretary, will later recall, “It felt like we were in a war, because the Secret Service was driving next to the motorcade and they were hanging out of the windows with their machine guns out.” She will add that she has “been around the agents” before, but has “never seen them with their guns.”
Motorcade Delayed by Traffic - However, the motorcade is slowed by the heavy traffic. Bush will describe, “Outside our convoy windows, the city streets were clogged with people evacuating their workplaces and trying to reach their own homes.” Rodriguez will say, “In the car, we seemed to be going in slow motion.” [National Journal, 8/31/2002; Bush, 2010, pp. 200] “The traffic was so bad that everything was stopped,” Andi Ball, Bush’s chief of staff, will recall. One of the Secret Service agents escorting Bush and her staff will later say a car sideswiped them during the journey.
Secure Location Is Secret Service Headquarters - The “secure location” that Bush and her staff are being taken to turns out to be the Secret Service headquarters. [Kessler, 2006, pp. 136] The Secret Service headquarters, according to journalist and author Ronald Kessler, is “an anonymous nine-story tan brick building on H Street at Ninth Street NW in Washington.” [Kessler, 2009, pp. 23] It is located a few blocks from the White House. After the Oklahoma City bombing in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995) it was reinforced to survive a large-scale blast. Bush and her entourage arrive there through an underground entrance. [Washington Post, 8/23/2009; Bush, 2010, pp. 200-201]
Journey Reportedly Takes 45 Minutes - The exact time they arrive at is unclear. According to Washington Post reporter Bob Woodward, “In the traffic jam from the Capitol, it took 45 minutes to get [Bush] to Secret Service headquarters.” This would mean the first lady arrives there at around 10:55 a.m. [Woodward, 2002, pp. 17] However, Bush will write that she watches the North Tower of the World Trade Center collapsing “live in front of my eyes,” on a screen at the headquarters. [Bush, 2010, pp. 201] If this is correct, she must arrive at the headquarters sometime before 10:28 a.m., when the North Tower comes down (see 10:28 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 311] White House spokespeople will refuse to disclose where the first lady has been taken to, only saying she is at a “secure location.” [Associated Press, 9/11/2001; CNN, 9/12/2001; CNN, 9/11/2002]

Entity Tags: Andrea Ball, Laura Bush, Ashleigh Adams, Noelia Rodriguez, US Secret Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the days after the 9/11 attacks, white supremacist William Pierce, the leader of the neo-Nazi National Alliance (see 1970-1974 and 1978), tells a radio audience that the attacks could help fundamentally destabilize the US government: “Things are a bit brittle now. A few dozen more anthrax cases (see September 17-18, 2001 and October 5-November 21, 2001), another truck bomb in a well chosen location (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and substantial changes could take place in a hurry: a stock market panic, martial law measures by the Bush government, and a sharpening of the debate as to how we got ourselves into this mess in the first place.” On his Web site, Pierce says that “terrorism is not the problem,” and explains that the current terror threat is “the price for letting ourselves, our nation, be used by an alien minority to advance their own interests at the expense of ours.” Pierce, an outspoken anti-Semite, is referring to Jews as an “alien minority.” Many white supremacists have expressed their support for Islamist terrorists, including al-Qaeda, because of their common antipathy towards Jews. [David Neiwert, 6/17/2003]

Entity Tags: Bush administration (43), National Alliance, William Luther Pierce

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, US Domestic Terrorism

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

John Yoo.John Yoo. [Source: University of California, Berkeley]In a secret 15-page memo to Deputy White House Counsel Timothy Flanigan, Justice Department lawyer John Yoo, a deputy in the Office of Legal Counsel, reasons that it is “beyond question that the president has the plenary constitutional power to take such military actions as he deems necessary and appropriate to respond to the terrorist attacks” of 9/11. Those actions can be extensive. “The president may deploy military force preemptively against terrorist organizations or the states that harbor or support them,” Yoo writes, “whether or not they can be linked to the specific terrorist incidents of Sept. 11.… Force can be used both to retaliate for those attacks, and to prevent and deter future assaults on the nation. Military actions need not be limited to those individuals, groups, or states that participated in the attacks on the World Trade Center and the Pentagon.” The memo is solicited and overseen by White House lawyers.
Power Derives from Constitution, Congressional Authorization for War - This power of the president, Yoo states, rests both on the US Congress’ Joint Resolution of September 14 (see September 14-18, 2001) and on the War Powers Resolution of 1973. “Neither statute, however, can place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” (Most experts believe that the Constitution strictly limits the president’s power to declare and conduct war—see 1787).
Power More Extensive than Congress Authorized - Yoo argues further that the September 14 resolution does not represent the limits to the president’s authority. “We think it beyond question” that Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” Congress’s “Joint Resolution is somewhat narrower than the president’s constitutional authority,” Yoo writes, as it “does not reach other terrorist individuals, groups, or states which cannot be determined to have links to the September 11 attacks.” The president’s broad power can be used against selected individuals suspected of posing a danger to the US, even though it may be “difficult to establish, by the standards of criminal law or even lower legal standards, that particular individuals or groups have been or may be implicated in attacks on the United States.” Yoo concludes: “[W]e do not think that the difficulty or impossibility of establishing proof to a criminal law standard (or of making evidence public) bars the president from taking such military measures as, in his best judgment, he thinks necessary or appropriate to defend the United States from terrorist attacks. In the exercise of his plenary power to use military force, the president’s decisions are for him alone and are unreviewable.”
'Unenumerated' Presidential Powers - Yoo even asserts that the president has more power than his memo claims: “[T]he president’s powers include inherent executive powers that are unenumerated in the Constitution,” including but not limited to the power to take the country to war without Congressional input. [US Department of Justice, 9/25/2001; Savage, 2007, pp. 121-122]
Memo Remains Secret for Three Years - The contents of this memo are not disclosed until mid-December 2004. [Newsweek, 12/18/2004; Newsweek, 12/27/2004]

Entity Tags: John C. Yoo, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ), Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Events Leading to Iraq Invasion, Civil Liberties

Representative Ron Paul (R-TX) says that newsletters printed for decades under his name that racially disparaged black lawmakers such as Representative Barbara Jordan (D-TX) were not actually written by him. He tells reporter S.C. Gwynne: “I could never say this in the campaign, but those words weren’t really written by me. It wasn’t my language at all. Other people help me with my newsletter as I travel around. I think the one on Barbara Jordan was the saddest thing, because Barbara and I served together and actually she was a delightful lady.” (Paul’s newsletter called Jordan “Barbara Morondon” and the “archetypical half-educated victimologist” whose “race and sex protect her from criticism.”) The item slighting Jordan was published, Paul says, because “we wanted to do something on affirmative action, and it ended up in the newsletter and became personalized. I never personalize anything.” He attempts to explain why he never publicized his claimed lack of involvement with his own newsletter, saying: “They were never my words, but I had some moral responsibility for them.… I actually really wanted to try to explain that it doesn’t come from me directly, but they [campaign aides] said that’s too confusing. ‘It appeared in your letter and your name was on that letter and therefore you have to live with it.’” Gwynne writes: “It is a measure of his stubbornness, determination, and ultimately his contrarian nature that, until this surprising volte-face in our interview, he had never shared this secret. It seems, in retrospect, that it would have been far, far easier to have told the truth at the time.” [Texas Monthly, 10/1/2001; Reason, 1/11/2008] In 1996, Paul admitted to writing the newsletters (see May 22 - October 11, 1996). In 2008, a New Republic article (see January 8-15, 2008) will document a raft of crudely racist, homophobic, anti-Semitic, and far-right conspiratorial content from years’ worth of Paul’s newsletters (see 1978-1996).

Entity Tags: Ron Paul, S.C. Gwynne, Barbara Jordan

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

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

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

Entity Tags: Patrick J. Leahy, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The envelope to the Tom Daschle letter.The envelope to the Tom Daschle letter. [Source: FBI]Two Democratic senators are targets of the 2001 anthrax attacks (see October 5-November 21, 2001). On this day, Senator Tom Daschle’s office opens a letter mailed October 9, containing a lethal dose of anthrax (see October 6-9, 2001). A similar letter to Senator Patrick Leahy mailed the same day and from the same location is misrouted to Virginia on October 12, and is not discovered until November 17. Neither Leahy nor Daschle come into contact with the anthrax, but some of Daschle’s staffers do. [South Florida Sun-Sentinel, 12/8/2001]

Entity Tags: P. Patrick Leahy, Tom Daschle

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

House Majority Leader Tom DeLay (R-TX) takes to the floor of the House to praise conservative talk show host Rush Limbaugh. In his “Tribute to Rush Limbaugh,” DeLay says of Limbaugh’s role in the Republican’s capture of the House in 1994, “[He] did not take his direction from us, he was the standard by which we ran. [He] was setting the standard for conservative thought.” [Jamieson and Cappella, 2008, pp. 46]

Entity Tags: Tom DeLay, Rush Limbaugh

Timeline Tags: Domestic Propaganda

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

Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 pdf file; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).

Entity Tags: University of California at Berkeley School of Law, Sonia Sotomayor, US Supreme Court

Timeline Tags: Civil Liberties

Scores of family planning clinics in at least 12 states have received letters containing anthrax threats, according to officials of feminist and abortion-rights organizations. Eleanor Smeal of the Feminist Majority Foundation says that over 200 clinics and advocacy organizations received letters in early November, all delivered in Federal Express envelopes. The envelopes that were opened contained a suspicious white powder and letters signed by the Army of God (AOG), a violent anti-abortion group (see 1982). This was the second such mailing in recent weeks; the first mailing was comprised of some 280 letters containing threatening letters and white powder purporting to be anthrax. None of the powder in any of the envelopes contained real anthrax; the letters were apparently hoaxes. Some of the letters in the latest mailings said: “You’ve ignored our earlier warnings. You’ve been exposed to the real thing. High-quality.” Groups targeted by the mailings include the Feminist Majority Foundation, the Center for Reproductive Law and Policy, Catholics for a Free Choice, Advocates for Youth, and the American Association of University Women. The persons responsible for the mailings somehow obtained the account numbers of two pro-choice organizations, the Planned Parenthood Federation of America and the National Abortion Federation, and used those accounts to pay for the mailings. The mailings have been traced to at least three drop-off locations in Virginia and Philadelphia. More packages are believed to be en route, and Federal Express is trying to intercept them. “I think the people responsible are despicable,” says Vicki Saporta of the National Abortion Federation. “They actually used our account number and our address, so our members would feel comfortable opening them.” Gloria Feldt, president of the Planned Parenthood Federation of America, says: “These letters are designed to terrorize us, and disrupt our work and our lives. That’s terrorism, plain and simple, and we take it very seriously.… The fact that they would forge the names of our staff members to terrorize employees is truly evil. Their heinous activities will not succeed.” Brian Emanuelson of the Connecticut Department of Environmental Protection says, “These were intended to be a threat to scare people and we want to make sure this is not what they say it is.” [CBS News, 11/9/2001] The anthrax mailings were from anti-abortion activist and AOG member Clayton Waagner (see 1997-December 2001).

Entity Tags: Feminist Majority Foundation, Brian Emanuelson, Army of God, American Association of University Women, Advocates for Youth, Catholics for a Free Choice, Eleanor Smeal, Center for Reproductive Law and Policy, Planned Parenthood, Gloria Feldt, Clayton Waagner, National Abortion Federation, Vicki Saporta

Timeline Tags: US Health Care, US Domestic Terrorism

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

John Yoo, a lawyer with the Justice Department’s Office of Legal Counsel (OLC), writes a legal opinion that claims the attorney general, under Executive Order 12333 (see December 4, 1981), can grant the deputy attorney general the legal authority to approve the use of surveillance techniques for which a warrant would be required for law enforcement purposes. [US Department of Justice, 11/5/2001; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. [Washington Post, 4/22/2009]
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. [Savage, 2007, pp. 216] The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. [New York Times, 4/21/2009] In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” [Savage, 2007, pp. 216-217]

Entity Tags: Steve Kleinman, Central Intelligence Agency, Charlie Savage, US Department of Defense, Donald Rumsfeld, Joint Personnel Recovery Agency, Senate Armed Services Committee, James T. Hill

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline

The violent anti-abortion group known as the Army of God (AOG—see 1982) praises the Saudi Arabian government for publicly beheading three citizens accused of being gay. The US government has long suspected that the AOG has broadened its focus to oppose homosexuality as well as abortion. [Extremist Groups: Information for Students, 1/1/2006] AOG chaplain Michael Bray (see September 1994) posts a message on the AOG Web site proclaiming, “Let us give thanks” for the executions. Surina Khan of the International Gay and Lesbian Human Rights Commission says: “This is really chilling. It really disturbs me, in terms of the rhetoric and what effect it has.” AOG is proclaiming its solidarity with Muslim extremists over their opposition to gay rights in their countries, posted anti-gay stories on its Web site, and publicly praised the fake anthrax attacks against abortion clinics (see 1997-December 2001). Bray writes: “While the Christians among us westerners would decline to emulate our Muslim friends in many ways… we can appreciate the justice they advocate regarding sodomy. Might these fellows also consider an embryonic jihad? Let us welcome these tools of purification. Open the borders! Bring in some agents of cleansing.… In the meantime,” he concludes, “let us pray for justice: viz., that the heads of adulterers, sodomites, murderers, child murderers [abortionists], witches, traitors, and kidnappers roll.” Lorri Jean of the National Gay and Lesbian Task Force tells a reporter: “I think this is a blatant call for people to murder gays and lesbians, among others. It’s the logical extension of radical fundamentalism and religious intolerance.” Khan notes: “I think that any alliance they may be building with fundamentalist Muslims is alarming. And this may be just the beginning.” Chip Berlet of the firm Political Research Associates says: “One has to appreciate the cosmic irony here. They can side with a religion they don’t approve of against a scapegoat they both loathe and demonize.” He adds, “Within the Christian Right, there is a distinction between the reformists and those who want insurgency.” Violent extremist groups such as AOG, he says, see before them a “three-headed monster—of liberalism, feminism [which includes abortion], and the gay and lesbian civil rights movement. And the monster doesn’t die unless you cut off all three.” [Salon, 2/19/2002]

Entity Tags: Surina Khan, Army of God, Chip Berlet, Michael Bray, Lorri L. Jean

Timeline Tags: US Domestic Terrorism

Michael Edward Smith, a well-dressed young man wearing sunglasses and surgical gloves, sits in a parked car across from the Sherith Israel Congregation synagogue in Nashville, Tennessee. Smith has an AR-15 assault rifle, and plans on shooting someone either entering or exiting the building. A passing motorist sees Smith and his rifle and calls the police. When police confront Smith outside his apartment, he refuses to surrender, and manages to break away to his car, where he proceeds to flee down Interstate 65 while holding a gun to his own head. The chase ends in a parking lot outside a pharmacy, where the police find the AR-15, a handgun, ammunition, and surgical gloves in Smith’s car. After learning of the incident, Deborah Lauter of the Anti-Defamation League tells reporters: “The sight of a man pointing an assault rifle at a synagogue is chilling. We are thankful to the person who reported the incident and to law enforcement for their swift actions in apprehending the suspect.” Smith, a member of the violent, neo-Nazi National Alliance (see 1970-1974), has been influenced by two books, both published by Alliance founder William Pierce: The Turner Diaries, which tells of a genocidal race war in a near-future America (see 1978), and Hunter, a novel depicting a lone assassin gunning down Jews and African-Americans (see 1988). Three days later, he is charged with multiple felonies after divulging his ties to the National Alliance and the existence of a small arsenal in his apartment, in a storage facility, and buried on his parents’ land in the country. Authorities find, among other items: an anti-tank rocket; eight firearms, including a sniper rifle; 13 grenades; 13 pipe bombs; over 2,000 rounds of armor-piercing ammunition; smoke bombs; dynamite fuses; and two duffel bags filled with chemicals. They also find copies of both novels and other materials from the Alliance and the Ku Klux Klan, to which he also admits membership. The FBI classifies Smith as a “domestic terrorist.” James Cavanaugh of the Bureau of Alcohol, Tobacco and Firearms (BATF) says: “Basically, we’ve got hand grenades, we’ve got assault rifles, and we’ve got a mind full of hate and a recipe for disaster.… Anybody who would stockpile that stuff is certainly on the precipice of using them.” Smith readily admits his admiration for the fictional main chacter of Hunter, Oscar Yeager, who in the first scene of the book assassinates an interracial couple from a vantage point inside his car. And, he says, the National Alliance and the KKK gave him training in “how to make and how to use explosives, [and gave him] sniper and combat training.” Smith tells questioners that he “dislike[s] Jews.” Local activists later tell the FBI that Smith took part in a November 2001 National Alliance rally outside the Israeli embassy in Washington, DC. Authorities later find an email from Smith stating Jews “perhaps” should be “stuffed head first into an oven.” [Center for New Community, 8/2002 pdf file; Anti-Defamation League, 5/27/2003; Southern Poverty Law Center, 6/2005] Smith will later plead guilty to four weapons-related offenses. [Anti-Defamation League, 5/27/2003]

Entity Tags: National Alliance, James Cavanaugh, Federal Bureau of Investigation, Deborah Lauter, Ku Klux Klan, Michael Edward Smith, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Sherith Israel Congregation, William Luther Pierce

Timeline Tags: US Domestic Terrorism

On Fox News’s Hannity and Colmes talk show, conservative pundit and author David Horowitz calls the Huntington Beach, California, public school district “racist.” Horowitz is objecting to Huntington Beach’s enforcement of racial-balancing policies that prevent white children from transferring out of certain schools and black children from transferring in. Horowitz says: “What’s going on here, it’s probably a class issue. But we don’t even know why these parents—first of all, it’s racist. The school district is racist.” When civil rights activist Lawrence Guyot attempts to refute Horowitz’s claims, Horowitz calls him a “racialist,” saying, “How can we settle the racial problem when we have racialists like Lawrence out there agitating to make every problem a racial problem?” [Media Matters, 12/1/2004]

Entity Tags: Lawrence Guyot, David Horowitz

Timeline Tags: Domestic Propaganda

Accused abortion clinic and Olympic bomber Eric Rudolph (see January 16, 1997, February 21, 1997, January 16, 1997, and January 29, 1998), a fugitive for four years, is the subject of two letters of support found in Andrews, North Carolina. Rudolph has long been believed to be hiding out in the western mountains of North Carolina, where Andrews is located. One letter is found in the mailbox of the Andrews Journal newspaper offices, and one taped to the door of a boot store where Rudolph once purchased a pair of hiking boots. Both letters claim to be from the Army of God, a violent anti-abortion group to which Rudolph belongs (see 1982). Both letters are headed with the words, “Eric Robert Rudolph” and “May God be with you” in large type. There is no other mention of Rudolph in the letters, which vow a continued effort, “including lethal force,” to stop abortions. [CNN, 3/18/2002]

Entity Tags: Eric Robert Rudolph, Army of God

Timeline Tags: US Domestic Terrorism

Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. [New York Times, 3/25/2002]

Entity Tags: Kirk Humphreys, World Trade Center, Frank Keating, Kevin C. Dowdell, Thomas Langone, William D. Lake, Ray Downey, Michael A. Esposito, Michael S. Curtin, Peter C. Martin, John J. Fanning, Terence S. Hatton

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

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

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]

Entity Tags: Ron Suskind, George J. Tenet, Dan Coleman, Bush administration (43), George W. Bush, Abu Zubaida, Ahmed Ressam, Omar Nasiri, Noor al-Deen

Timeline Tags: Complete 911 Timeline

Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. [Weiner, 2007, pp. 297; Washington Post, 4/22/2009] In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. [Washington Post, 4/22/2009]
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” [New York Review of Books, 3/15/2009]
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. [Washington Post, 4/22/2009]
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).

Entity Tags: Mark Danner, John Kiriakou, James Elmer Mitchell, Bruce Jessen, Al-Qaeda, Abu Zubaida, Bush administration (43), Central Intelligence Agency, Convention Against Torture, George Brent Mickum, Geneva Conventions, Federal Bureau of Investigation, Joint Personnel Recovery Agency, International Committee of the Red Cross

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Sam Francis, a white supremacist and syndicated columnist (see September 1995), accuses Mexico of attempting to “reconquer” portions of the United States by encouraging waves of illegal immigrants to “invade” America, with the support of Mexican police and military troops. He writes that Mexico, which he calls “a dangerous state somewhat closer to home,” is engaged in “what can only be called low-intensity warfare” by sending immigrants to the US. Francis applauds the efforts of Representative Tom Tancredo (R-CO), who has made a national reputation as an anti-immigration lawmaker, to document the stories of “Mexican troops and police crossing the border” and attacking US Border Patrol authorities under the guise of attempting to capture fleeing drug traffickers and illegal aliens. Francis writes: “The reason the Mexicans want their troops and cops to stir up border violence against us is that they think there is no border, that what’s on the other side of it—namely, our country—belongs to them.… The compadres in Mexico City view mass emigration to El Norte as a good way to get rid of people for whom their own economy and society can’t provide as well as the advance team of what can only be called colonization. Put more precisely, the Mexican government isn’t worried about mass emigration because in its eyes, the Mexicans aren’t really leaving Mexico anyway. They’re just establishing new provinces. The Mexican government may not want to announce it publicly, but what it is doing is managing the conquest (they’d say the re-conquest, La Reconquista) of the United States through the displacement of one population by another. The displacement has been going on for decades now and in some parts of the Southwest (excuse me, Mexico) is almost complete. In some areas only Spanish is spoken. In others, federal enforcement of immigration laws is not allowed. In all of them, Mexicans remain Mexicans while Americans are pushed out.” Francis calls on President Bush to “defend his own country against the invasion from Mexico,” but says any such action is unlikely: “Mr. Bush is far too busy waging a useless war in Afghanistan and pandering to Hispanic voters to take much interest in the invasion and conquest of his own country.” Francis’s columns are provided to a national audience by Creators Syndicate. [VDare (.com), 6/24/2002]

Entity Tags: US Border Patrol, George W. Bush, Tom Tancredo, Sam Francis

Timeline Tags: Domestic Propaganda

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