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Context of 'August 1995: Bin Laden Criticizes Saudi Royals, Threatens Attacks on US Forces in Saudi Arabia'

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Two simultaneous suicide attacks on oil and gas installations in Yemen fail. The Safer refinery in Marib and the al-Dhabba terminal in Hadramout are attacked by four suicide bombers with car bombs, but Yemeni security forces blow the cars up just before they reach their targets. The four suicide bombers and one security guard are killed. The attacks come just a few days after al-Qaeda number two leader Ayman al-Zawahiri called for attacks on oil facilities in the Persian Gulf region. A Yemeni court later sentences 32 men to between two and 15 years in jail for their roles in the attacks. Three of them are alleged al-Qaeda operatives tried in absentia who escaped from prison earlier in 2006 (see February 3, 2006). [BBC, 11/7/2007] Anwar al-Awlaki, an imam for several of the 9/11 hijackers while they lived in the US, was arrested in Yemen earlier in the month (see Early September 2006-December 2007). He allegedly also has a role preparing for the foiled attacks. [Australian, 11/3/2006; Australian, 11/4/2006] The attempted attacks also come just days before Yemen’s presidential elections. Yemeni President Ali Abdallah Saleh, in power since 1978, quickly uses the attacks to criticize his opponent, because one of the opponents’ guards was accused of being involved. The guard is later acquitted. Saleh wins reelection. [New York Times, 3/1/2008] In 2008, one anonymous senior Yemeni official will tell the Washington Post that some important al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. [Washington Post, 5/4/2008]

Entity Tags: Anwar al-Awlaki, Ayman al-Zawahiri, Al-Qaeda, Ali Abdallah Saleh

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

Former Nixon White House counsel John Dean is troubled by the Military Commissions Act (MCA) (see October 17, 2006) currently under consideration in Congress. The MCA authorizes military tribunals instead of criminal court trials for suspected terrorists. Dean supported the idea of tribunals when they were first suggested in 2001, but, he writes: “[T]he devil… arrived later with the details. It never occurred to me (and most people) that Bush & Co. would design a system more befitting a totalitarian state than a democratic nation that once led the world by its good example.” After a previous tribunal procedure was struck down by the Supreme Court (see June 30, 2006), Bush sent another proposal to Congress in early September. Where the bill did not actively rewrite the Court’s findings, it ignored them altogether, Dean writes. Dean finds the law a stunning reversal of decades—centuries, in some instances—of US jurisprudence and international law, including its dismissal of Geneva protections, its retroactive protection for US officials who may have tortured detainees, and its dismissal of habeas corpus rights for detainees. Dean calls the proposed legislation “shameful,” and writes: “This proposal… is going to tell us a great deal about where we are as a nation, for as General [Colin] Powell said, ‘The world is beginning to doubt the moral basis of our fight against terrorism. To redefine [the Geneva Conventions] would add to those doubts.’ As will amending the war crimes law to absolve prior wrongs, denying detainees ‘a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples,’ and enacting a law that insults the Supreme Court.” [FindLaw, 9/22/2006]

Entity Tags: US Supreme Court, Bush administration (43), Military Commissions Act, Colin Powell, Geneva Conventions, John Dean

Timeline Tags: Civil Liberties

The 9/11 Commission interviewed presidents Bill Clinton and George W. Bush in 2004 (see April 29, 2004) but the details of what was revealed in these interviews were not included in the commission’s final report (with one exception, see August 6, 2001). On this day, former 9/11 Commission Richard Ben-Veniste says, “I had hoped that we had—we would have made both the Clinton interview and the Bush interview a part of our report, but that was not to be. I was outvoted on that question.… I didn’t have the votes.… I think the question was that there was a degree of confidentiality associated with that and that we would take from that the output that is reflected in the report, but go no further. And that until some five years’ time after our work, we would keep that confidential. I thought we would be better to make all of the information that we had available to the public and make our report as transparent as possible so that the American public could have that.” [CNN, 9/25/2006]

Entity Tags: George W. Bush, Richard Ben-Veniste, 9/11 Commission, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Military Commissions Act (MCA) (see October 17, 2006) is characterized by many as not applying to US citizens. Law professor Marty Lederman disagrees. Under the MCA, Lederman says, “if the Pentagon says you’re an unlawful enemy combatant—using whatever criteria they wish—then as far as Congress, and US law, is concerned, you are one, whether or not you have had any connection to ‘hostilities’ at all.” [Unclaimed Territory, 9/28/2006] Six months later, an administration lawyer will confirm that the law does indeed apply to US citizens (see February 1, 2007).

Entity Tags: Martin (“Marty”) Lederman, Military Commissions Act, US Department of Defense

Timeline Tags: Civil Liberties

Original cover to Woodward’s ‘State of Denial.’Original cover to Woodward’s ‘State of Denial.’ [Source: Barnes and Noble]Journalist Bob Woodward’s new book State of Denial is released. While the book focuses mainly on politics regarding the Iraq war, it also describes an urgent warning that then-CIA Director George Tenet gave to Condoleezza Rice, National Security Adviser at the time, and other White House officials on July 10, 2001 (see July 10, 2001). [New York Times, 9/29/2006; New York Daily News, 9/29/2006; Washington Post, 10/1/2006] This warning had been mentioned in passing in a 2002 Time magazine article, but it had escaped widespread attention until Woodward’s book. [Time, 8/4/2002] The meeting is particularly controversial because neither the 9/11 Congressional Inquiry nor the 9/11 Commission mentioned in it in their final reports. The 9/11 Commission had learned about it from Tenet in early 2004 (see January 28, 2004). Rice and a number of 9/11 Commissioners deny knowing about the July meeting for several days, until documentation surfaces in the media detailing the meeting and Tenet’s testimony to the commission (see October 1-2, 2006 and September 30-October 3, 2006). Details about the July meeting and surrounding controversies are reported on by the mainstream media for about a week, but there are no articles on it in any prominent newspaper after October 3, 2006. On October 5, Sen. John Kerry (D-MA) formally asks Sen. Richard Lugar (R-IN), chairman of the Senate Foreign Relations Committee, for hearings about the revelations in Woodward’s book, including controversies surrounding the July meeting. Kerry says in a letter to Lugar, “It is necessary to understand the mistakes of the past in order to ensure they are not repeated, and having testimony from the parties under oath will help to sharpen recollections and clarify the exact nature of this important meeting.” However, no hearings take place. [Kerry, 10/5/2006]

Entity Tags: Bob Woodward, Condoleezza Rice, Bob Kerry, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Video footage of Abd al-Hadi al-Iraqi, apparently at a night campsite.Video footage of Abd al-Hadi al-Iraqi, apparently at a night campsite. [Source: IntelCenter]In autumn 2006, Abd al-Hadi al-Iraqi, said to be an adviser to Osama bin Laden, is captured and then detained in a secret CIA prison (see Autumn 2006). President Bush announced on September 6, 2006 that the secret CIA prisons were emptied, at least temporarily (see September 2-3, 2006 and September 6, 2006), and it is not known if al-Hadi is transferred to CIA custody before or after this announcement. The CIA keeps al-Hadi’s detention secret from not only the public but also from the Red Cross until late April 2007, when it is publicly announced that al-Hadi has been transferred to the US military prison at Guantanamo. Only then is the Red Cross allowed to examine him. President Bush’s September 2006 announcement was in response to a US Supreme Court decision that rules that all detainees, including those like al-Hadi held in secret CIA prisons, are protected by some provisions of the Geneva Conventions. Then in October 2006 Congress passed the Military Commissions Act, which forbids abuse of all detainees in US custody, including those in CIA custody. The CIA claims that it has no legal responsibility to alert the Red Cross about detainees such as al-Hadi, but without notifying watchdog organizations such as the Red Cross, there is no way to really know if detainees being held by the CIA are being illegally abused or not. Mary Ellen O’Connell, a professor of international law at Notre Dame Law School, says al-Hadi’s case raises the possibility that President Bush has secretly given the CIA a new mandate to operate outside the constraints of the Military Commissions Act: “This suggests that the president has signed some sort of additional authority for the CIA.” [Salon, 5/22/2007]

Entity Tags: Central Intelligence Agency, Mary Ellen O’Connell, International Committee of the Red Cross, Abd al-Hadi al-Iraqi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Secretary of State Rice says that she does not recall the meeting on July 10, 2001, when CIA Director Tenet and other officials briefed her about the al-Qaeda threat (see July 10, 2001). “What I am quite certain of is that I would remember if I was told, as this account apparently says, that there was about to be an attack in the United States, and the idea that I would somehow have ignored that I find incomprehensible.” [Associated Press, 10/2/2006] Rice says she has no recollection of what she variously calls “the supposed meeting” and “the emergency so-called meeting.” [Editor & Publisher, 10/1/2006; McClatchy Newspapers, 10/2/2006] The Washington Post comments that “Rice added to the confusion… by strongly suggesting that the meeting may never have occurred at all—even though administration officials had conceded for several days that it had.” Hours after Rice’s latest denial, the State Department confirms that documents show Rice did attend such a meeting on that date. However, State Department spokesman Sean McCormack then says, “The briefing was a summary of the threat reporting from the previous weeks. There was nothing new.” The Washington Post notes that when it was pointed out to McCormack that Rice asked for the briefing to be shown to Defense Secretary Rumsfeld and Attorney General Ashcroft (see July 11-17, 2001), “McCormack was unable to explain why Rice felt the briefing should be repeated if it did not include new material.” [Washington Post, 10/3/2006]

Entity Tags: John Ashcroft, Sean McCormack, Condoleezza Rice, US Department of State, Al-Qaeda, George J. Tenet, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In two separate sessions, from October 6-11 and again from December 4-14, officials of the International Committee of the Red Cross (ICRC) interview 14 detainees newly transferred from a variety of CIA secret “black sites” to Guantanamo. The transfers followed President Bush’s acknowledgment that the CIA has maintained a number of these sites and his announced intention to have a number of the detainees sent to the Cuban facility (see September 17, 2001 and September 6, 2006).
ICRC Access - The ICRC is legally bound to monitor compliance with the Geneva Conventions and to supervise the treatment of prisoners of war; previously, it had not been allowed to see the detainees, and in some cases were never informed of their detention. The ICRC officials interview each prisoner in private, with the intention of producing “a description of the treatment and material conditions of detention of the 14 during the period they were held in the CIA detention program.”
Interviews - The 14 have been held for periods ranging “from 16 months to almost four and a half years.” The ICRC’s report, never intended for public consumption, will be released to the CIA several months later (see February 14, 2007) and revealed in a book in early 2009 (see March 15, 2009). Some of the detainees, concerned about the possible repercussions that may ensue from their discussions, ask the ICRC to withhold their names from some allegations, though most of the report attributes specific narratives and allegations to particular prisoners. Almost every allegation is independently corroborated by other, named detainees.
'Striking Similarity' - In 2009, author Mark Danner will write, quoting the ICRC report: “[I]ndeed, since the detainees were kept ‘in continuous solitary confinement and incommunicado detention’ throughout their time in ‘the black sites,’ and were kept strictly separated as well when they reached Guantanamo, the striking similarity in their stories, even down to small details, would seem to make fabrication extremely unlikely, if not impossible. ‘The ICRC wishes to underscore,’ as the writers tell us in the introduction, ‘that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.’”
Topics of Report - The report covers the following areas:
bullet Main elements of the CIA detention program;
bullet Arrest and transfer;
bullet Continuous solitary confinement and incommunicado detention;
bullet Other methods of ill-treatment;
bullet Suffocation by water (the ICRC term for waterboarding);
bullet Prolonged stress standing;
bullet Beatings by use of a collar;
bullet Beating and kicking;
bullet Confinement in a box;
bullet Prolonged nudity;
bullet Sleep deprivation and use of loud music;
bullet Exposure to cold temperature/cold water;
bullet Prolonged use of handcuffs and shackles;
bullet Threats;
bullet Forced shaving;
bullet Deprivation/restricted provision of solid food;
bullet Further elements of the detention regime.
Conclusion - The report concludes: “The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, or degrading treatment.” Danner will write, “Such unflinching clarity, from the body legally charged with overseeing compliance with the Geneva Conventions—in which the terms ‘torture’ and ‘cruel, inhuman, and degrading treatment’ are accorded a strictly defined legal meaning—couldn’t be more significant.” [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Geneva Conventions, Central Intelligence Agency, Mark Danner

Timeline Tags: Torture of US Captives

Joanne Mariner, an attorney with the civil liberties organization Human Rights Watch, calls the Military Commissions Act (see October 17, 2006) “exceedingly harmful” and a “grab-bag of unnecessary and abusive measures” that creates for detainees “a system of justice that is far inferior to that of the federal courts and courts-martial.” The bill does not directly address detention, Mariner writes, but does nothing to limit detention and, she believes, will be used by the administration to justify its current detention practices. [FindLaw, 10/9/2006]

Entity Tags: Joanne Mariner, Human Rights Watch, Military Commissions Act

Timeline Tags: Civil Liberties

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]

Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner

Timeline Tags: Civil Liberties

The New York Times pens an editorial issuing a grim warning about the ramifications of the newly passed Military Commission Act (MCA—see October 17, 2006). The editorial calls the law’s stripping of habeas corpus rights for so-called “enemy combatants” “undemocratic.” It criticizes the highly charged rhetoric of the Republicans who attacked Democrats in opposition to the law as part of the Republican Party’s “scare-America-first strategy” for the upcoming midterm elections. The Times notes that President Bush misled the country into believing that the MCA is the only way the country has of adequately putting 9/11 suspects on trial: “The truth is that Mr. Bush could have done that long ago, but chose to detain them illegally at hidden CIA camps to extract information. He sent them to Guantanamo only to stampede Congress into passing the new law. The 60 or so men at Guantanamo who are now facing tribunals—out of about 450 inmates—also could have been tried years ago if Mr. Bush had not rebuffed efforts by Congress to create suitable courts. He imposed a system of kangaroo courts that was more about expanding his power than about combating terrorism.” The editorial criticizes Bush’s new “separate system of justice for any foreigner whom Mr. Bush chooses to designate as an ‘illegal enemy combatant,” one that “raises insurmountable obstacles for prisoners to challenge their detentions [and] does not require the government to release prisoners who are not being charged, or a prisoner who is exonerated by the tribunals.” However, the editorial gives false comfort to its readers by asserting that the MCA “does not apply to American citizens, but it does apply to other legal United States residents.” [New York Times, 10/19/2006]
Times Errs in Stating MCA Does Not Apply to US Citizens - Most other mainstream media outlets do not mention the possibility of the MCA applying to US citizens. But on the same day as the Times editorial, author and investigative journalist Robert Parry gives a powerful argument that the MCA can indeed be applied to them. The MCA reads in part, “Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission.… Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States… shall be punished as a military commission… may direct.” The legal meaning of “any person,” Parry notes, clearly includes US citizens, particularly those who may act “in breach of an allegiance or duty to the United States.” Parry asks, “Who has ‘an allegiance or duty to the United States’ if not an American citizen? That provision would not presumably apply to Osama bin Laden or al-Qaeda, nor would it apply generally to foreign citizens. This section of the law appears to be singling out American citizens.” If an American citizen is charged with a crime under the MCA, that citizen, like the foreign nationals currently laboring under the weight of the law, cannot challenge their detention and charges under the habeas corpus provisions of US law, and cannot expect a fair trial. They will not be given the chance to appeal their convictions until they are prosecuted, convicted, and sentenced. And since the MCA defendant has no right to a “speedy trial,” that defendant cannot expect to be granted an appeal in any reasonable length of time. In effect, an American citizen, like a foreign national charged under the MCA, can be imprisoned indefinitely without recourse to the US judiciary.
Potential to Jail Media Leakers and Reporters - One aspect of the MCA that has not been widely discussed, Parry notes, is the provision that would allow the incarceration of “any person” who “collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States.” That provision is tremendously vague, and could easily be stretched to fit, for example, the whistleblowers who revealed the existence of the NSA’s warrantless wiretapping program to the Times (see December 15, 2005) and the reporters and editors who published the story based on those revelations. [Consortium News, 10/19/2006] Six months later, a Justice Department lawyer will confirm that the Bush administration believes MCA does indeed apply to US citizens (see February 1, 2007).

Entity Tags: Osama bin Laden, George W. Bush, Al-Qaeda, Military Commissions Act, New York Times, US Department of Justice, Robert Parry

Timeline Tags: Civil Liberties

Exercising its new authority under the just-signed Military Commissions Act (MCA—see October 17, 2006), the Bush administration notifies the US District Court in Washington that it no longer has jurisdiction to consider 196 habeas corpus petitions filed by Guantanamo detainees. Many of these petitions cover multiple detainees. According to the MCA, “no court, justice, or judge” can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future. The MCA is already being challenged as unconstitutional by several lawyers representing Guantanamo detainees. The MCA goes directly against two recent Supreme Court cases, Rasul v. Bush (see June 28, 2004) and Hamdan v. Rumsfeld (see June 30, 2006), which provide detainees with habeas corpus and other fundamental legal rights. Many Congressional members and legal experts say that the anti-habeas provisions of the MCA are unconstitutional. For instance, Senator Arlen Specter (R-PA) notes that the Constitution says the right of any prisoner to challenge detention “shall not be suspended” except in cases of “rebellion or invasion.” [Washington Post, 10/20/2006] Law professor Joseph Margulies, who is involved in the detainee cases, says the administration’s persistence on the issue “demonstrates how difficult it is for the courts to enforce [the clause] in the face of a resolute executive branch that is bound and determined to resist it.” Vincent Warren of the Center for Constitutional Rights, which represents many of the detainees, expects the legal challenges to the law will eventually wind up before the Supreme Court. [Washington Post, 10/20/2006]

Entity Tags: Center for Constitutional Rights, Arlen Specter, Bush administration (43), Vincent Warren, Military Commissions Act, Joseph Margulies

Timeline Tags: Civil Liberties

Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi.Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. [Source: White House]Vice President Dick Cheney justifies an NSA program for warrantless surveillance of conversations between the US and other countries by referring to communications between 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001). The calls were intercepted by the NSA, but this did not help the US roll up the plot. Echoing remarks previously made by President Bush (see December 17, 2005), Cheney says: “If you’ll recall, the 9/11 Commission focused criticism on the nation’s inability to uncover links between terrorists at home and terrorists overseas [note: the 9/11 Commission’s final report does not actually say this (see December 17, 2005)]. The term that was used is ‘connecting the dots’—and the fact is that one small piece of data might very well make it possible to save thousands of lives. If this program had been in place before 9/11, we might have been able to prevent it because we had two terrorists living in San Diego, contacting terrorist-related numbers overseas.” [Office of the Vice President, 8/25/2006] Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: National Security Agency, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

After learning that a new book published by Pakistani President Pervez Musharraf (see September 25, 2006) says that alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) either killed American reporter Daniel Pearl or played a leading role in the murder (see January 31, 2002), the lawyer for Saeed Sheikh, one of the kidnappers, says he plans to use the book in an appeal. Sheikh was found guilty of the kidnapping (see April 5, 2002), but the lawyer, Rai Bashir, says, “I’m going to submit an application that [Musharraf’s] book be used as a piece of evidence. The head of state has exonerated [Sheikh and his accomplices].” [Christian Science Monitor, 11/8/2006] Bashir will also make similar comments after KSM says that he carried out the murder in early 2007 (see March 10, 2007): “In the next court hearing, I am going to submit the recent statement by Khalid Shaikh Mohammed in which he said he himself beheaded the US journalist… From day one, my contention was that the evidence presented in court was not strong enough to lead to the conviction of my client.” [Guardian, 3/19/2007] Sheikh was convicted in July 2002 (see July 15, 2002). As of late July 2005, the appeal proceedings had been adjourned thirty-two times. [International Herald Tribune, 7/29/2005] As of 2007, his appeal process is still in limbo.

Entity Tags: Pervez Musharraf, Rai Bashir, Saeed Sheikh

Timeline Tags: Complete 911 Timeline

The Justice Department argues in federal court that immigrants arrested in the US and labeled as “enemy combatants” under the Military Commissions Act (MCA) (see October 17, 2006) can be indefinitely detained without access to the US justice system. The argument comes as part of the Justice Department’s attempt to dismiss a habeas corpus suit challenging the detention of Ali Saleh Kahlah al-Marri, a Qatari citizen accused by the government of being an al-Qaeda agent (see December 12, 2001 and February 1, 2007). The government argues that the MCA “removes federal court jurisdiction over pending and future habeas corpus actions and any other actions filed by or on behalf of detained aliens determined by the United States to be enemy combatants, such as petitioner-appellant al-Marri.… In plain terms, the MCA removes this Court’s jurisdiction (as well as the district court’s) over al-Marri’s habeas action. Accordingly, the Court should dismiss this appeal for lack of jurisdiction and remand the case to the district court with instructions to dismiss the petition for lack of jurisdiction.” This is the first time the Bush administration has argued in court that the MCA strips a detainee held within the US of habeas rights.
Defense Counterargument - Al-Marri’s lawyers say that because he is being held in a South Carolina detention facility, he has the right to challenge his detention in a civilian court like any other non-citizen held on criminal charges. The Justice Department says that enemy combatants have no such rights regardless of where they are being held. Jonathan Hafetz, one of al-Marri’s lawyers, says: “[T]he president has announced that he can sweep any of the millions of non-citizens off the streets of America and imprison them for life in a military jail without charge, court review, or due process. It is unprecedented, unlawful, and un-American.” [Jurist, 11/14/2006] The government has “never admitted that he has any rights, including the right not to be tortured,” Hafetz adds. “They’ve created a black hole where he has no rights.” [Progressive, 3/2007] The Bush administration is also challenging lawsuits filed by detainees at the Guantanamo Bay detention facility on similar grounds. [Jurist, 11/14/2006]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Jonathan Hafetz, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

A British high court approves the extradition of Haroon Rashid Aswat to the US. Many media accounts have described Aswat as the mastermind of the 7/7 London bombings (see July 7, 2005 and Late June-July 7, 2005). However, British authorities appear to be ignoring his possible connection to the 7/7 bombings and are allowing him to be extradited to the US on unrelated charges of helping to create a militant training camp in Oregon (see November 1999-Early 2000). The US has promised that he will not be sent to the prison in Guantanamo or turned over to a third country. [Guardian, 11/30/2006] As of mid-2008, Aswat has yet to be extradited.

Entity Tags: Haroon Rashid Aswat

Timeline Tags: Complete 911 Timeline

The Director of National Intelligence, John Negroponte, and NSA Director Keith Alexander try to get a lawsuit dismissed that alleges the NSA illegally wiretapped a Saudi charitable organization (see February 28, 2006). The organization, the Al Haramain Islamic Foundation, is presenting a classified US document as proof of the illegal wiretapping.
Invoking 'State Secrets' Privilege - In late 2006, Negroponte and Alexander tell the presiding judge, US District Judge Garr King, that in order to defend itself, the government would have to disclose “state secrets” (see March 9, 1953) that would expose US anti-terrorism efforts. This same argument will be reiterated in July 2007, when government lawyers say, “Whether plaintiffs were subjected to surveillance is a state secret, and information tending to confirm or deny that fact is privileged.” The judge will hear arguments for and against dismissing the case on August 15, 2007. [Associated Press, 8/5/2007]
Judicial Examination - King, in Portland, Oregon, examined the document for himself, and read classified briefs supplied by the Justice Department. Upon reading the briefs, King met with government lawyers to discuss turning over yet more documents in discovery—a decision unlikely to have been taken had King not believed the evidence did not show that the Al Haramain plaintiffs were, in fact, monitored. And, under FISA, had the surveillance been lawful and court-ordered, King would have been legally constrained to dismiss the lawsuit, since according to that law, plaintiffs can only sue if no warrant was ever issued for the alleged surveillance. “If there was a FISA warrant, the whole case would have crumbled on the first day,” says plaintiff attorney Thomas Nelson, “It’s pretty obvious from the government’s conduct in the case, there was no warrant.”
'Inherent Authority' of President - Justice Department lawyers rely on the argument that the president has the inherent authority to order surveillance of suspected terrorists with or without warrants, and that to judge the president’s decision would reveal national secrets that would alert terrorists to government anti-terrorist actions, thereby mandating that this and other lawsuits be dismissed.
Consolidation of Lawsuits - An August 2006 court ruling ordering that the Al Haramain case be consolidated with 54 other NSA-related lawsuits, under US District Court Judge Vaughn Walker, damaged the government’s argument that it cannot be sued in court. Walker has presided over the year-old class-action lawsuit brought before his court by the Electronic Frontier Foundation against AT&T for the telecom firm’s cooperation with the NSA program (see January 31, 2006); Walker ruled in July 2006 that the case would proceed, against government requests that it be thrown out because of national security requirements. Walker ruled that because the government had already admitted to the existence of the program, the state secrets privilege does not apply. (The Justice Department is appealing Walker’s decision.) As for Al Haramain, its lawyers want that case to be adjudicated separately, because the court has sufficient evidence to decide on the case without waiting for the appellate court decision. Another lawyer for the plaintiffs, Jon Eisenberg, tells Walker in February 2007, “You need only read the statutes to decide, ‘Does the president have the right to do this without a warrant?’” Walker has yet to rule on that request. [Wired News, 3/5/2007]

Entity Tags: Thomas Nelson, Vaughn Walker, National Security Agency, US Department of Justice, Jon Eisenberg, John Negroponte, AT&T, Al Haramain Islamic Foundation (Oregon branch), Garr King, Keith Alexander, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

Silvestre Reyes.Silvestre Reyes. [Source: Foreign Policy (.com)]Representative Nancy Pelosi (D-CA), slated to become the new speaker of the House when the Democrats take over leadership of the House in January 2007, names Silvestre Reyes (D-TX) as the chairman of the House Intelligence Committee. Reyes, a former soldier and Border Patrol chief before being elected to Congress, is named to the chairmanship over two other Intelligence Committee Democrats, Jane Harman (D-CA) and Alcee Hastings (D-FL), both of whom outrank him on the committee. Generally an advocate for the military, Reyes supports withdrawing from Iraq, and voted against the original war resolution. He has accused the Bush administration of using “cherry-picked” and “manipulated” intelligence to justify invading Iraq. He is also a strong critic of the Bush administration’s warrantless wiretapping program (see December 15, 2005). [Washington Post, 12/2/2006] Evidence will later show that Harman may have improperly accepted assistance from an Israeli agent, who promised to lobby Pelosi on Harman’s behalf for the chairmanship (see October 2005 and April 19, 2009).

Entity Tags: House Intelligence Committee, Bush administration (43), Jane Harman, Nancy Pelosi, Alcee Hastings, Silvestre Reyes

Timeline Tags: Civil Liberties

Civil libertarians, both conservative and liberal, join in filing a legal brief on behalf of suspected al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001), whose lawyers are preparing to file a suit challenging his detention as an “enemy combatant” (see February 1, 2007). Liberal and progressive law school deans Harold Koh of Yale and Laurence Tribe of Harvard are joined by conservatives such as Steven Calabresi, a former Reagan White House lawyer and co-founder of the staunchly conservative Federalist Society, in a brief that argues an immigrant or a legal resident of the US has the right to seek his freedom in the US court system. Al-Marri is a Qatari citizen who attended Bradley University in Illinois. The brief argues that the Military Commissions Act (MCA) (see October 17, 2006) is unconstitutional. The brief “shows the phrases ‘conservative’ and ‘libertarian’ have less overlap than ever before,” says law professor Richard Epstein, a Federalist Society member who signed it, adding, “This administration has lost all libertarians on all counts.” Koh says: “This involves the executive branch changing the rules to avoid challenges to its own authority. Serious legal scholars, regardless of political bent, find what the government did inconsistent with any reasonable visions of the rule of law.” Epstein, who says Koh is “mad on many issues,” agrees, calling the al-Marri case “beyond the pale.” He says, “They figured out every constitutional protection you’d want and they removed them.” Lawyer Jonathan Hafetz, representing al-Marri, says the case brings up issues about what the framers of the Constitution intended—something libertarians and judicial conservatives often look to. [Associated Press, 12/13/2006]

Entity Tags: Richard Epstein, Ali Saleh Kahlah al-Marri, Federalist Society, Harold Koh, Steven Calabresi, Jonathan Hafetz, Laurence Tribe

Timeline Tags: Torture of US Captives, Civil Liberties

On December 24, 2006, Ethiopia invades Somalia with US encouragement, attacking the Islamic Courts Union (ICU), an Islamist militant group that rules much of the country. The invasion is triggered because the ICU had encircled the Somali town of Baidoa, the last hold out of the Transitional Federal Government (TFG), the internationally recognized government of Somalia that actually controls very little of the country. Within days, the Ethiopians conquer the capital of Mogadishu and replace the ICU with the TFG. But Ethiopian troops remain in Somalia, occupying much of the country, and the ICU and other Islamist militant groups are not completely defeated. On January 5, 2007, al-Qaeda second-in-command Ayman al-Zawahiri issues a message urging Somalis to “consume” the “crusader” Ethiopians “as the lions eat their prey.” [Time, 11/29/2007] The US had been quietly improving ties with Ethiopia, and had been secretly training Ethiopian forces in counterterrorism techniques for years. The US covertly assists Ethiopia’s invasion with spy satellite data and other intelligence. A secret US special forces unit, Task Force 88, launches operations into Somalia from Kenya and Ethiopia. On January 6, two US Air Force AC-130 gunships secretly arrive at a small airport in eastern Ethiopia. The next day, they carry out a strike near a small village close to the Kenyan border, attempting to kill al-Qaeda-linked militants fleeing the country. Eight people are killed, but apparently no important al-Qaeda leaders. [New York Times, 2/23/2007] A second AC-130 strike on January 23 also misses its target. It is unknown how many are killed, but the wreckage of six large trucks is later seen at the spot of the attack. But while the US strikes are unsuccessful, al-Qaeda leader Abu Talha al-Sudani is apparently killed at some point during the fighting between Ethiopian forces and Somali militants. The US will not officially say he is dead, but US officials will unofficially say he is to Time magazine later in the year. Al-Sudani is said to have been living in Somalia since 1993 and involved in al-Qaeda attacks in Kenya in 1998 and 2002. [Washington Post, 1/8/2007; Time, 11/29/2007] By summer 2007, US and Ethiopian officials will claim that the war in Somalia is over. However, the fighting, the occasional US strikes, and the Ethiopian occupation, continue. [Time, 11/29/2007]

Entity Tags: Abu Talha al-Sudani, Ayman al-Zawahiri, Transitional Federal Government (Somalia), US Military, Islamic Courts Union

Timeline Tags: Complete 911 Timeline

Al-Qaeda deputy leader Ayman al-Zawahiri releases a new audio message, entitled “Set Out and Support Your Brothers in Somalia.” The audio comes with a video still of al-Zawahiri from one of his previous videos, lasts for five and a half minutes, and was produced by al-Qaeda’s media arm As-Sahab. “You have to use ambushes and mines, and raids and suicidal attacks until you rend and eat your prey as the lion does with his prey,” says al-Zawahiri, who calls on Muslims everywhere—but specifically those in Yemen, the Arab Peninsula, Egypt, North Africa, and Sudan—to participate in a holy war against secular government and Ethiopian forces in Somalia. According to al-Zawahiri, Somalia needs men, experience, money, and advice to defeat the Ethiopian forces, which he calls the “slaves of America.” Addressing Somali Muslims directly, al-Zawahiri reminds them of US intervention in Somalia between 1992 and 1994, saying that America has been defeated before (see October 3-4, 1993), and due to terrorist strikes in Afghanistan and Iraq, the American Army is relatively weaker. Al-Zawahiri also directly calls upon the youth of the radical Egyptian Islamic group Al-Gama’a al-Islamiyya to participate in the jihad. He states that these members joined the group to obey Allah, and if they are prevented from that duty, “they must crush the sarcophagus where they were embalmed alive.” [Fox News, 1/5/2007]

Entity Tags: Ayman al-Zawahiri, As-Sahab, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Director of National Intelligence (DNI) John Negroponte says that al-Qaeda’s central leadership is based in Pakistan and is regrouping there. Speaking before a Senate committee, he says that al-Qaeda operatives “are cultivating stronger operational connections and relationships that radiate outward from their leaders’ secure hide-out in Pakistan to affiliates throughout the Middle East, North Africa, and Europe.” This is the first time a high-ranking US official has described Pakistan as a “secure hide-out” for al-Qaeda or used similar language. He adds, “Pakistan is our partner in the war on terror and has captured several al-Qaeda leaders. However, it is also a major source of Islamic extremism. Eliminating the safe haven that the Taliban and other extremists have found in Pakistan’s tribal areas is not sufficient to end the insurgency in Afghanistan but it is necessary.” [Reuters, 1/12/2007]

Entity Tags: John Negroponte, Al-Qaeda

Timeline Tags: Complete 911 Timeline

A man thought to be al-Qaeda second-in-command Ayman al-Zawahiri releases a new video, which is mostly focused on the situation in Iraq. In the 14-minute video the man said to be al-Zawahiri predicts a fate “worse than anything you have ever seen” for the US and wonders why only 20,000 additional troops are being sent to Iraq. “Why not send 50,000 or 100,000?” he asks. The man also says that the US “must honestly try to reach a mutual understanding with the Muslims,” adding: “If we are secure, you might be secure, and if we are safe, you might be safe. And if we are struck and killed, you will definitely—with Allah’s permission—be struck and killed.” [CNN, 1/23/2007]

Entity Tags: Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

Ali Reza Asgari.Ali Reza Asgari. [Source: FARS / Reuters]Iran’s former Deputy Minister of Defense, General Ali Reza Asgari, defects during a visit to Turkey. [Inter Press Service, 12/17/2007] According to former CIA officer Vincent Cannistraro, Asgari is a longtime Western intelligence agent, and is immediately debriefed by Turkish and US intelligence officials. Asgari will be given a new identity; his current whereabouts are unknown to the public. [Guardian, 12/8/2007]
History and Connections - Asgari held the Defense Ministry position from 1997 through 2005, under the regime of reformist Iranian President Mohammed Khatami, and, according to US media reports, was providing the US with intelligence during that time period. [Inter Press Service, 12/17/2007] He is a former intelligence officer in Iran’s Islamic Revolutionary Guard Corps (IRGC), and is believed to have considerable knowledge about several IRGC-ordered terrorist attacks, including the October 1983 bombing of a US Marine barracks in Lebanon (see April 18-October 23, 1983) and the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996). He has close ties to Lebanese terrorist group Hezbollah, and presumably can tell US intelligence about Hezbollah’s military command structure, its overseas networks, and perhaps its cells inside the US. [Time, 3/22/2007]
Source for National Intelligence Estimate - Former CIA officer Philip Giraldi says that Asgari is a “key” source for the intelligence community’s National Intelligence Estimate (NIE) on Iran’s nuclear program, currently in development (see August 2, 2005). Asgari’s information helps the intelligence community determine that Iran had ceased work on its nuclear program in 2003. According to Giraldi, Asgari had been recruited by Turkish intelligence in 2003, and defected after learning that Iranian intelligence had become suspicious of him. Asgari defects with “bags of documents,” presumably including information about Iran’s nuclear program. Asgari will provide information crucial to the US’s ability to monitor sensitive communications among senior Iranian military officials (see July 2007), which helps corroborate the finding that Iran had indeed ceased research into nuclear weapons development. Former National Security Council official Gary Sick will say that Asgari’s knowledge of the Iranian military is critical in determining what is and is not important among the communications intercepts. “There are zillions of pieces of evidence, and what you look for is defined by what you know,” Sick will say. “What Asgari gave them was a new way of looking at the evidence.” It is highly likely that President Bush will be made aware of Asgari’s information soon after Asgari’s debriefing, though the White House will claim that Bush knew nothing of the new intelligence on Iran until August 2007 (see December 3-4, 2007). [Inter Press Service, 12/17/2007]

Entity Tags: Vincent Cannistraro, Islamic Revolutionary Guard Corps, George W. Bush, Hezbollah, Ali-Reza Asgari, Central Intelligence Agency, Gary G. Sick, Hojjat ol-Eslam Seyyed Mohammad Khatami, Philip Giraldi

Timeline Tags: US confrontation with Iran

Thom Hartmann.Thom Hartmann. [Source: Pittsburgh Post-Gazette]Author and talk show host Thom Hartmann issues a call for the repeal of the Military Commissions Act (MCA) (see October 17, 2006). He frames his argument with a quote from the revered British Conservative Prime Minister, Winston Churchill: “The power of the executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious, and the foundation of all totalitarian government whether Nazi or Communist.” The MCA is “the most conspicuous part of a series of laws which have fundamentally changed the nature of this nation, moving us from a democratic republic to a state under the rule of a ‘unitary’ president,” Hartmann writes. The MCA is an “attack on eight centuries of English law,” the foundation of US jurisprudence that goes back to 1215 and the Magna Carta. While the MCA’s supporters in and out of the administration give reassurances that the law only applies to non-citizens, Hartmann notes that two US citizens, Jose Padilla and Yaser Esam Hamdi, have already been stripped of their habeas corpus rights. Habeas corpus, Hartmann writes, is featured prominently in Article I of the US Constitution. Attorney General Alberto Gonzales was flat wrong in saying that the Constitution provided “no express grant of habeas” (see January 17, 2007), Hartmann writes. “Our Constitution does not grant us rights, because ‘We’ already hold all rights. Instead, it defines the boundaries of our government, and identifies what privileges ‘We the People’ will grant to that government.” The authors of the Constitution “must be turning in their graves,” Hartmann writes, quoting the “most conservative” of those authors, Alexander Hamilton: “The establishment of the writ of habeas corpus… are perhaps greater securities to liberty and republicanism than any it [the Constitution] contains.… [T]he practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny.” Hamilton’s colleague Thomas Jefferson said that laws such as habeas corpus make the US government “the strongest government on earth.” Now, Hartmann writes, the strength of that government is imperiled. [CommonDreams (.org), 2/12/2007]

Entity Tags: Winston Leonard Spencer Churchill, Alberto R. Gonzales, Alexander Hamilton, Jose Padilla, Magna Carta, Military Commissions Act, Yaser Esam Hamdi, Thomas Jefferson, Thomas Hartmann

Timeline Tags: Civil Liberties

A report by the Center on Law and Security (CLS) finds that the “Iraq effect” is costing lives around the world. The report finds that the Iraq occupation is directly to blame for an upsurge in fundamentalist violence worldwide. It finds that the number killed in jihadist attacks around the world has risen dramatically since the Iraq war began in March 2003, comparing the period between 9/11 and the invasion of Iraq with the period since the invasion. The count—excluding the Arab-Israel conflict—shows the number of deaths due to terrorism rose from 729 to 5,420. Iraq has served as the catalyst for a ferocious fundamentalist backlash, according to the study, which says that the number of those killed by Islamists within Iraq rose from 7 to 3,122. A similar rise in attacks has occurred in Afghanistan, Chechnya, in the Kashmir region between India and Pakistan, and throughout Europe. Both President Bush and British Prime Minister Tony Blair insist that the opposite is true. Bush has said, “If we were not fighting and destroying the enemy in Iraq, they would not be idle. They would be plotting and killing Americans across the world and within our borders. By fighting these terrorists in Iraq, Americans in uniform are defeating a direct threat to the American people.” Blair insists that the Iraq war was not been responsible for Muslim fundamentalist attacks such as the 7/7 London bombings which killed 52 people (see July 7, 2005). “Iraq, the region and the wider world is a safer place without Saddam,” Blair said in July 2004. [Independent, 3/1/2007]

Entity Tags: Al-Qaeda, UK Security Service (MI5), George W. Bush, Tony Blair

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad.High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad. [Source: FBI (except for AFP for Hambali, New York Times for Abu Zubaida, and Reuters for Majid Khan)]Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see September 2-3, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL) view Khalid Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007).
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After).
bullet Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007).
bullet Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 pdf file]
bullet Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 pdf file]
bullet Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007).
bullet Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 pdf file]
bullet Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda leader Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 pdf file]
bullet Abu Zubaida is accused of heading the Khaldan and Darunta training camps in Afghanistan, and admits heading Khaldan, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007).
bullet Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 pdf file]
bullet Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 pdf file]
bullet Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 pdf file]
bullet Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 pdf file]
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 pdf file]
bullet Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]

Entity Tags: Ali Abdul Aziz Ali, Gouled Hassan Dourad, Jemaah Islamiyah, Ahmed Khalfan Ghailani, Hambali, Abu Zubaida, Majid Khan, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Mohammed Nazir Bin Lep, Mohamad Farik Amin, Khalid Shaikh Mohammed, Abu Faraj al-Libbi, Khallad bin Attash

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

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). [US Department of Defense, 3/10/2007 pdf file] However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” [Seattle Post-Intelligencer, 3/15/2007]
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. [US Department of Defense, 3/10/2007 pdf file] (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) [Reeve, 1999, pp. 50, 54, 67] Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” [ABC News, 4/11/2008] He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” [US Department of Defense, 3/10/2007 pdf file] The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). [US Congress, 3/10/2007] KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

Entity Tags: Daniel Robert (“Bob”) Graham, Khalid Shaikh Mohammed, Carl Levin

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

Silvestre Reyes.Silvestre Reyes. [Source: US House of Representatives]In response to a question asked at a briefing, CIA Director Michael Hayden makes an “offhand comment” to the House Intelligence Committee indicating that tapes the CIA has made of detainee interrogations have been destroyed (see Spring-Late 2002). Although some committee members have been aware of the tapes’ existence since 2003 (see February 2003), this is apparently the first time they learn of their destruction, which occurred over year ago (see November 2005). The destruction is again “briefly mentioned” in a letter to a member of the committee in mid-April. Leading committee members Silvestre Reyes and Peter Hoekstra will later write to Hayden, “We do not consider this to be sufficient notification. Moreover, these brief mentions were certainly not contemporaneous with the decision to destroy the videotapes.” [US Congress, 12/7/2007] The Senate Intelligence Committee is apparently not informed until later (see December 7, 2007).

Entity Tags: Michael Hayden, Peter Hoekstra, Central Intelligence Agency, House Intelligence Committee, Silvestre Reyes

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A cartoonist’s view of Khalid Shaikh Mohammed’s confession.A cartoonist’s view of Khalid Shaikh Mohammed’s confession. [Source: Rob Rodgers / Pittsburgh Post-Gazette]Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]

Entity Tags: Yosri Fouda, Judea Pearl, Daniel Pearl, Khalid Shaikh Mohammed, Michael Scheuer, Robert Baer, Bruce Riedel

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

Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11.Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]At his combat status review tribunal in Guantanamo Bay, 9/11 facilitator Mustafa Ahmed al-Hawsawi denies providing a large amount of funds for the plot, although he does admit knowing some of the hijackers and helping them travel to the US. According to the Los Angeles Times, his denial that he provided substantial amounts to the hijackers is surprising because, “US authorities, as well as the Sept. 11 commission that investigated the attacks, have long alleged that al-Hawsawi was a top lieutenant of plot mastermind Khalid Shaikh Mohammed… [and he]… arranged funding and travel for several of the 19 hijackers.” Meyer also points out that, “the unclassified summary of evidence read at the hearing did not mention any instances in which he allegedly sent money to them. When specifically asked during the hearing if he had done so, al-Hawsawi said he had not.” [Los Angeles Times, 3/30/2007] The unclassified facts supporting his designation as an enemy combatant mostly relate to his receiving money transfers from some of the hijackers just before 9/11 (see September 5-10, 2001), a laptop computer hard-drive containing information about al-Qaeda that is said to be “associated with the detainee,” and a nineteen-page address book. He admits returning to Pakistan just before 9/11 on the advice of 9/11 managers Ramzi bin al-Shibh and Khalid Shaikh Mohammed, meeting Osama bin Laden and Ayman Al-Zawahiri, receiving military training in an al-Qaeda camp, meeting four of the muscle hijackers (see Early-Late June, 2001), and talking to Mohamed Atta on the phone. However, he says that the information on the hard-drive was copied from other computers and was not put there by him, the address book is not his, he never swore bayat to Bin Laden, and is therefore not an al-Qaeda member. [US department of Defense, 3/21/2007 pdf file] Several other high-value detainees have combat status review tribunals hearings at this time (see March 9-April 28, 2007).

Entity Tags: Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline

At a Guantanamo Bay tribunal to decide his combat status (see March 9-April 28, 2007), militant Islamist logistics manager Abu Zubaida (see March 28, 2002) is accused of heading Khaldan and Darunta training camps in Afghanistan and of co-ordinating their operation with Osama bin Laden, as well as moving money for al-Qaeda, desiring fraudulently-obtained Canadian passports for a terrorist plot, and making diary entries about planned attacks in the US. [US Department of Defense, 3/27/2007 pdf file]
Complaints of Torture, Admission of False Confessions - Zubaida complains of being tortured in US custody (see Mid-May 2002 and After and March 10-April 15, 2007). Zubaida’s statements about his treatment in US custody will be redacted from the trial transcripts, but a few remarks remain. In broken English, Zubaida states: “I was nearly before half die plus [because] what they do [to] torture me. There I was not afraid from die because I do believe I will be shahid [martyr], but as God make me as a human and I weak, so they say yes, I say okay, I do I do, but leave me. They say no, we don’t want to. You to admit you do this, we want you to give us more information… they want what’s after more information about more operations, so I can’t. They keep torturing me.” The tribunal president, a colonel whose name is also redacted, asks, “So I understand that during this treatment, you said things to make them stop and then those statements were actually untrue, is that correct?” Zubaida replies, “Yes.” [US Department of Defense, 3/27/2007 pdf file; Vanity Fair, 12/16/2008]
Denies Being Al-Qaeda Member or Enemy of US - He goes on to deny that he is an “enemy combatant,” saying that the Khaldan training camp, which he admits being logistics manager of, was around since the Soviet-Afghan War and was also used to train Muslims who wanted to fight invaders in Muslim lands, such as Chechnya, Kashmir, the Philippines, and Bosnia, where “America helped us.” After he was captured the US administration exaggerated his importance, and some media accounts have suggested his role was greatly exaggerated (see Shortly After March 28, 2002). He denies being an official member of al-Qaeda and says he disagrees with attacks on civilians. However, he admits some of his trainees subsequently decided to join al-Qaeda and that he did not prevent them from doing this. He also denies moving the money and submits a volume of his diary that apparently shows he was in Pakistan when the charges state he went to Saudi Arabia to collect the money. He requests the production of other volumes of his diaries, on which some of the charges are based, but they are not made available to the tribunal. In addition, he denies corresponding with bin Laden before 2000 and details a dispute that arose between them after that time. He says his diary entries about military targets are “strictly hypothetical,” and the passports are for non-terrorist travel. Following the US invasion of Afghanistan, he admits he helped non-aligned fighters escape from South Asia. He states that he is an enemy of the US because of its alliance with Israel, which he claims is oppressing his fellow Palestinians, saying, “A partner of a killer is also a killer.” [US Department of Defense, 3/27/2007 pdf file]

Entity Tags: Darunta training camp, Abu Zubaida, Al-Qaeda, Khaldan training camp

Timeline Tags: Torture of US Captives, Complete 911 Timeline

ACLU advertisement against the Military Commissions Act.ACLU advertisement against the Military Commissions Act. [Source: ACLU]The American Civil Liberties Union strongly objects to the stripping of habeas corpus rights contained within the Military Commissions Act (MCA—see October 17, 2006). The ACLU observes, “Habeas corpus isn’t a fancy legal term. It’s the freedom from being thrown in prison illegally, with no help and no end in sight. No president should ever be given the power to call someone an enemy, wave his hand, and lock them away indefinitely. The Founders made the president subject to the rule of law. They rejected dungeons and chose due process.” [American Civil Liberties Union, 3/28/2007]

Entity Tags: Military Commissions Act, American Civil Liberties Union

Timeline Tags: Civil Liberties

Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009.Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009. [Source: International Committee of the Red Cross]At his Combat Status Review Tribunal hearing in Guantanamo Bay (see March 9-April 28, 2007), 9/11 facilitator Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) denies being an enemy combatant and says he has provided “vital information” to the US. Regarding the allegations against him:
bullet He admits sending money to hijacker Marwan Alshehhi in the US, but says it was Alshehhi’s money and he regularly moved money for others—he did not know Alshehhi intended to hijack airliners (see June 28-30, 2000);
bullet He admits knowing and working for Khalid Shaikh Mohammed (KSM), his uncle, but says he had no idea KSM was connected to al-Qaeda;
bullet He admits leaving Dubai just before 9/11, but says this was due to residence permit problems (see September 9-11, 2001);
bullet He also denies various other allegations made against him and says he has never been a member of al-Qaeda, trained in the camps, or met Osama bin Laden and Ayman al-Zawahiri.
Statements by KSM and Ramzi bin al-Shibh saying he was not involved in the operation are also submitted in his defense. In his final statement to the tribunal he says: “Ever since I was turned in to the United States government, about four years ago, the government uses my services by getting information from me about al-Qaeda activities and personnel that I obtained through independent research. The United States has benefited from the vital and important information I supplied by foiling al-Qaeda plans and obtaining information on al-Qaeda personnel… So, is it fair or reasonable that after all the important and vital information I have supplied to the United States government that I be considered an enemy combatant?” [US Department of Defense, 4/12/2007 pdf file] The CIA refuses to comment on Ali’s claim he is cooperating. [Los Angeles Times, 4/13/2007]

Entity Tags: Ramzi bin al-Shibh, Ali Abdul Aziz Ali, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

French investigative journalist Guillaume Dasquie writes an article for Le Monde detailing the extensive knowledge obtained by the French intelligence service Direction Générale de la Sécurité Extérieure (DGSE) about al-Qaeda between July 2000 and October 2001. The article is based on a series of DGSE reports leaked to Dasquie about al-Qaeda’s funding (see July 24, 2000), aerial photographs of Osama bin Laden (see August 28, 2000), and al-Qaeda threats against the US (see Between September 2000 and August 2001), including aircraft piracy. [Le Monde (Paris), 4/15/2007; Le Monde (Paris), 7/4/2007]

Entity Tags: Direction Générale de la Sécurité Extérieure, Al-Qaeda, Osama bin Laden, Guillaume Dasquie

Timeline Tags: Complete 911 Timeline

Former CIA manager Michael Scheuer, who ran the agency’s “rendition” program that sent suspected terrorists to foreign nations to be interrogated for information in the late 1990s (see Summer 1995 and 1997), says during a House Foreign Affairs Committee hearing that the assurances of Arab nations such as Egypt and Syria that a suspect will not be tortured are not “worth a bucket of warm spit.” Scheuer tells the assembled lawmakers that he knows of at least three mistakes that the CIA has made in its overseas rendition program, including the capture and subsequent torture of Canadian citizen Maher Arar (see September 26, 2002 and October 10, 2002-October 20, 2002). [Savage, 2007, pp. 149-150; US Congress, 4/17/2007 pdf file]

Entity Tags: Central Intelligence Agency, Alec Station, Maher Arar, Michael Scheuer, House Foreign Affairs Committee

Timeline Tags: Torture of US Captives

Microsoft logo.Microsoft logo. [Source: Your Logo Collection (.com)]The National Security Agency (NSA) reveals plans to build an enormous new data center in San Antonio, Texas, three months after Microsoft announced plans to build a $550 million data center in the same area. [National Security Agency, 4/19/2007] The NSA previously acknowledged building a similar data storage facility in Colorado (see January 30, 2006). Reporter and author James Bamford will later write in his book The Shadow Factory that “[t]he timing of the move was interesting,” because the NSA had leased a building in San Antonio in 2005, but had not done anything further. The NSA only announces plans to move forward with the data center after Microsoft revealed plans to build a 470,000 square foot cloud data center that would handle Internet search data, emails, and instant messages. Bamford will quote Bexar County judge Nelson Wolff’s statement to the San Antonio Express-News, “We told [the NSA] we were going to get Microsoft, and that really opened up their eyes,” and write, “For an agency heavily involved in data harvesting, there were many advantages to having their miners next door to the mother lode of data centers” (see 1997, February 27, 2000, February 2001), Spring 2001, April 4, 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, and December 15, 2005). Microsoft’s operation will be largely automated and employ only 75 people. In contrast, the NSA’s facility is to be the same size, but employ 1,500. Bamford will write that this is “far more than was needed to babysit a warehouse of routers and servers but enough to analyze the data passing across them.” [Data Center Knowledge, 1/19/2007; San Antonio Express-News, 4/18/2007; Bamford, 2008, pp. 317-318] Former senior AT&T technician and warrantless surveillance whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) will reference Bamford’s book and agree that this “suggests a massive data mining operation.” [Klein, 2009, pp. 41]

Entity Tags: James Bamford, Microsoft Corporation, National Security Agency, Mark Klein

Timeline Tags: Civil Liberties

Eric Lichtblau.Eric Lichtblau. [Source: PBS]Jack Goldsmith, the former head of the Justice Department’s Office of Legal Counsel (see October 6, 2003 and June 17, 2004), is subpoenaed to testify in the Justice Department’s investigation of the leaks that resulted in the New York Times’s dramatic disclosure of the NSA domestic wiretapping program (see December 15, 2005). Goldsmith had spoken to one of the two Times reporters, Eric Lichtblau, in October 2004, three months after his resignation from the OLC, but lied to Lichtblau, saying he knew nothing of the program. He immediately alerted his former boss, Deputy Attorney General James Comey, of the interview.
'Stunned' By Subpoena - In his September 2007 book The Terror Presidency, Goldsmith will recall being “stunned” at the subpoena, though the two FBI agents who give him the subpoena—in public—say that they don’t suspect him as the source of the leak. Goldsmith later recalls, “What angered me most about the subpoena I received on that wet day in Cambridge was not the expense of lawyers or a possible perjury trap, but rather the fact that it was Alberto Gonzales’s Justice Department that had issued it. As [the two FBI agents] knew, I had spent hundreds of very difficult hours at OLC, in the face of extraordinary White House resistance, trying to clean up the legal mess that then-White House Counsel Gonzales, David Addington, John Yoo, and others had created in designing the foundations of the Terrorist Surveillance Program. It seemed rich beyond my comprehension for a Gonzales-led Department of Justice to be pursuing me for possibly illegal actions in connection with the Terrorist Surveillance Program….”
Supported Surveillance of Terrorism - Goldsmith will continue, “I was not opposed to the leak investigation itself or to vigorous surveillance of terrorists. I agreed with President Bush that the revelations by [James] Risen and Lichtblau had alerted our enemies, put our citizens at risk, and done ‘great harm’ to the nation. I hoped the FBI would find and punish the leakers, and I had spent many hours trying to help them do so. I also shared many of the White House’s concerns with the Foreign Intelligence Surveillance Act (FISA), the 1978 domestic wiretapping law that required executive officers, on pain of jail, to get a court warrant before wiretapping suspected enemies in the United States. We were at war with terrorists who were armed with disposable cell phones and encrypted e-mails buried in a global multibillion-communications-per-day system. It seemed crazy to require the commander in chief and his subordinates to get a judge’s permission to listen to each communication under a legal regime that was designed before technological revolutions brought us high-speed fiber-optic networks, the public Internet, e-mail, and ten-dollar cell phones. But I deplored the way the White House went about fixing the problem. ‘We’re one bomb away from getting rid of that obnoxious [FISA] court,’ Addington had told me in his typically sarcastic style during a tense White House meeting in February of 2004 (see February 2004). The vice president’s counsel, who was the chief legal architect of the Terrorist Surveillance Program, was singing the White House tune on FISA. He and the vice president had abhorred FISA’s intrusion on presidential power ever since its enactment in 1978. After 9/11 they and other top officials in the administration dealt with FISA the way they dealt with other laws they didn’t like: They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations. My first experience of this strict control, in fact, had come in a 2003 meeting when Addington angrily denied the NSA inspector general’s request to see a copy of OLC’s legal analysis in support of the Terrorist Surveillance Program. Before I arrived in OLC, not even NSA lawyers were allowed to see the Justice Department’s legal analysis of what NSA was doing.”
Difficult to Justify Legally - Goldsmith will write of the difficulties he found in finding legal justifications for the program. “I first encountered the program in 2003-2004, long after it had been integrated into the post-9/11 counterterrorism architecture. Putting it legally aright at that point, without destroying some of the government’s most important counterterrorism tools, was by far the hardest challenge I faced in government. And the whole ordeal could have been avoided.…In 2004, I and others in the Department of Justice had begun the process of working with the FISA court to give the commander in chief much more flexibility in tracking terrorists. From the beginning the administration could have taken these and other steps to ramp up terrorist surveillance in indisputably lawful ways that would have minimized the likelihood of a devastating national security leak. But only if it had been willing to work with the FISA court or Congress. The White House had found it much easier to go it alone, in secret.” [Slate, 9/10/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, New York Times, Terrorist Surveillance Program, John C. Yoo, Office of Legal Counsel (DOJ), James B. Comey Jr., Eric Lichtblau, David S. Addington, Alberto R. Gonzales, James Risen, Jack Goldsmith, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, George W. Bush

Timeline Tags: Civil Liberties

According to former CIA Director George Tenet, he speaks to a “senior CIA officer” with knowledge of pre-9/11 intelligence failures, apparently in preparation for a book he is writing. They discuss the failure to inform the FBI that one of the hijackers, Khalid Almihdhar, had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The officer tells Tenet: “Once Almihdhar’s picture and visa information were received, everyone agreed that the information should immediately be sent to the FBI. Instructions were given to do so. There was a contemporaneous e-mail in CIA staff traffic, which CIA and FBI employees had access to, indicating that the data had in fact been sent to the FBI. Everyone believed it had been done.” [Tenet, 2007, pp. 195] The claim that “everyone agreed” the information should be sent to the FBI is false, because two officers, deputy unit chief Tom Wilshire and Michael Anne Casey, specifically instructed two other people working at Alec Station, the CIA’s bin Laden unit, not to send it (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). The “contemporaneous e-mail” was then written by Casey, who must have known the claim the information had been passed was incorrect (see Around 7:00 p.m. January 5, 2000). Casey later appears to have lied about this matter to Tenet (see Before October 17, 2002) and the Justice Department’s inspector general (see February 2004).

Entity Tags: Michael Anne Casey, Central Intelligence Agency, Alec Station, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Fahad al-Quso.Fahad al-Quso. [Source: New York Times]Fahad al-Quso, implicated in the 2000 USS Cole bombing, was sentenced to 10 years in prison in Yemen in 2004 for his role in that bombing (see April 11, 2003-March 2004). He attended a key 2000 al-Qaeda summit in Malaysia in which the 9/11 plot was discussed (see January 5-8, 2000). The US maintains a $5 million bounty for him. However, around May 2007, al-Quso is secretly freed. Since 2002, the Yemeni government has had a program of “reeducating” al-Qaeda prisoners and then releasing them (see 2002 and After). The US learns of al-Quso’s release in February 2008, but takes no known action in response. Al-Quso apparently remains free. [Washington Post, 5/4/2008]

Entity Tags: Fahad al-Quso

Timeline Tags: Complete 911 Timeline

At the end of April 2007, a trial against a group of men accused of planning a fertilizer bomb plot in Britain concluded (see Early 2003-April 6, 2004), and a press ban on the trial was lifted. A number of stories come out revealing details on how two of the 7/7 London bombers, Mohammad Sidique Khan and Shehzad Tanweer, were monitored by British intelligence as they interacted with some of the fertilizer bomb plotters (see February 2-March 23, 2004). This leads to new calls for an independent inquiry into the 7/7 bombings, since many of these details were left out of the two official government reports on the 7/7 bombings released in May 2006 (see May 11, 2006). But on May 2, 2007, British Prime Minister Tony Blair rejects demands for an independent inquiry. He says that the May 2006 Intelligence and Security Committee report examined the bombings in “immense detail.” He claims any further inquiry would “undermine support” for the intelligence agencies. “For us then to have a full, independent, further inquiry… would simply have the security service and the police and others diverted from the task of fighting terrorism.” He adds that many claims made in the media about what was known about the 7/7 bombers were “misleading and wrong.” But David Cameron, the leader of the opposition Conservative Party, says that only a fully independent inquiry would “get to the truth” as to why Khan and Tanweer were not stopped despite being monitored. Fifty survivors and relatives of the 7/7 victims sign a letter renewing their calls for a public inquiry. [Guardian, 5/2/2007]

Entity Tags: David Cameron, Intelligence and Security Committee, Mohammad Sidique Khan, Shehzad Tanweer, Tony Blair

Timeline Tags: Complete 911 Timeline

Attorney General Alberto Gonzales comes under fire from members of the Senate Judiciary Committee regarding the National Security Agency’s domestic warrantless wiretapping program (see December 15, 2005. Testimony from the day before by former deputy attorney general James Comey (see May 15, 2007) showed that White House and Justice Department officials were, and still are, deeply divided over the legality and efficacy of the program. But Gonzales has said repeatedly, both under oath before Congress and in other venues, that there is little debate over the NSA surveillance program, and almost all administration officials are unified in support of the program. In February 2006, he told the committee, “There has not been any serious disagreement about the program that the president has confirmed. There have been disagreements about other matters regarding operations, which I cannot get into.” Gonzales’s veracity has come under question before, and many senators are disinclined to believe his new testimony. Committee Democrats point out that Comey’s testimony flatly contradicts Gonzales’s statements from that February session. A letter from Senators Russ Feingold, Charles Schumer, Edward Kennedy, and Richard Durbin asks Gonzales, “In light of Mr. Comey’s testimony yesterday, do you stand by your 2006 Senate and House testimony, or do you wish to revise it?” And some Senate Republicans are now joining Democrats in calling for Gonzales’s removal. Chuck Hagel (R-NE) says, “The American people deserve an attorney general, the chief law enforcement officer of our country, whose honesty and capability are beyond question. Attorney General Gonzales can no longer meet this standard. He has failed this country. He has lost the moral authority to lead.” White House press secretary Tony Snow says of Hagel’s statement, “We disagree, and the president supports the attorney general.” Hagel joins three other Republican senators, John Sununu, Tom Coburn, and presidential candidate John McCain, and House GOP Conference Chairman Adam Putnam, in calling for Gonzales’s firing. Former Senate Intelligence Commitee chairman Pat Roberts (R-KS) says that Gonzales should consider resigning, a stance echoed by fellow Republican senators Arlen Specter and Gordon Smith. [Associated Press, 5/17/2007] Gonzales’s defenders say that his testimony to the committee, while legalistic and narrowly focused, is technically accurate, because the NSA program also involves “data mining” of huge electronic databases containing personal information on millions of US citizens, and that program is not exactly the same as the so-called “Terrorist Surveillance Program,” as the NSA’s wiretapping program is now called by White House officials (see Early 2004). But Feingold disagrees. “I’ve had the opportunity to review the classified matters at issue here, and I believe that his testimony was misleading at best.” [New York Times, 7/29/2007]

Entity Tags: Charles Schumer, Arlen Specter, Terrorist Surveillance Program, Tom Coburn, Tony Snow, US Department of Justice, Adam Putnam, Senate Intelligence Committee, Russell D. Feingold, Senate Judiciary Committee, Pat Roberts, Richard (“Dick”) Durbin, Edward M. (“Ted”) Kennedy, Chuck Hagel, Gordon Smith, John Sununu, John McCain, National Security Agency, Alberto R. Gonzales, James B. Comey Jr.

Timeline Tags: Civil Liberties

A judge says that the designation “enemy combatant,” used to label detainees held by the US in Guantanamo Bay, is meaningless, throwing proceedings for hundreds of the men into what the Guardian describes as “chaos.” Tribunals had been held in Guantanamo Bay to determine whether detainees held there were “enemy combatants,” and it was thought that such designation was a necessary preliminary step to putting them on trial. However, the judge, Colonel Peter Brownback, says that it is not enough to designate a detainee as an “enemy combatant,” and that a tribunal must be proceeded by a designation that a detainee is an “unlawful enemy combatant,” as this is the wording used in the Military Commissions Act, which established the tribunals. Colonel Brownback throws out cases against detainees Omar Khadr and Salim Ahmed Hamdan, alleged to have been Osama bin Laden’s chauffeur, saying that a person “has a right to be tried only by a court that has jurisdiction over him,” and the court does not have that right. The ruling means that none of the other hundreds of detainees can be brought before the tribunals, because the incorrect designation was applied to all of them. However, the ruling is without prejudice, and the US can still try to re-designate detainees “unlawful enemy combatants” and bring them before tribunals. Defense attorney Kristine Huskey calls the situation a “shambles,” and says, “It’s another example of how everything has been so ad hoc. The Military Commissions Act was just not done thoughtfully.” Another defense attorney, Colonel Dwight Sullivan, comments, “The system right now should just stop… The commission is an experiment that failed and we don’t need any more evidence that it is a failure.” [Guardian, 6/5/2007]

Entity Tags: Kristine Huskey, Dwight Sullivan, Peter Brownback, Salim Ahmed Hamdan, Omar Khadr

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

Ali Abd al-Rahman al-Faqasi al-Ghamdi.Ali Abd al-Rahman al-Faqasi al-Ghamdi. [Source: Public domain]Amnesty International, Human Rights Watch, and four other organizations file a US federal lawsuit under the Freedom of Information Act seeking information about 39 people they believe have “disappeared” while held in US custody. The groups mentions 39 people who were reportedly captured overseas and then held in secret CIA prisons. The US acknowledges detaining three of the 39 but the groups say there is strong evidence, including witness testimony, of secret detention in 18 more cases and some evidence of secret detention in the remaining 18 cases. In September 2006, President Bush acknowledged the CIA had interrogated dozens of suspects at secret CIA prisons and said 14 of those were later sent to Guantanamo Bay (see September 6, 2006). At that time it was announced that there were no prisoners remaining in custody in US secret facilities (see September 2-3, 2006). However, the groups claim that in April 2007 a prisoner named Abd al-Hadi al-Iraqi was transferred from CIA custody to Guantanamo, demonstrating the system is still operating (see Autumn 2006-Late April 2007). The groups also claim that in September 2002 the US held the two children of Khalid Shaikh Mohammed (KSM), then aged seven and nine, in an adult detention center. KSM was later captured and is now held at Guantanamo; it is unknown what happened to his children. [Reuters, 6/7/2007] Some of the more important suspects named include:
bullet Hassan Ghul, said to be an important al-Qaeda courier. In 2005, ABC News reported he was being held in a secret CIA prison (see November 2005). Apparently, the CIA transferred Ghul to Pakistani custody in 2006 so he would not have to join other prisoners sent to the Guantantamo prison (see (Mid-2006)), and Pakistan released him in 2007, allowing him to rejoin al-Qaeda (see (Mid-2007)).
bullet Ibn al-Shaykh al-Libi, a high-ranking al-Qaeda leader. The same ABC News report also mentioned him. Al-Libi was secretly transferred to Libya around 2006 (see Between November 2005 and September 2006) and will die there in 2009 under mysterious circumstances (see (May 10, 2009)).
bullet Mohammed Omar Abdul-Rahman, a son of the Blind Sheikh, Sheikh Omar Abdul-Rahman. The same ABC News report also mentioned him. He was reportedly captured in Pakistan in 2003 (see February 13, 2003).
bullet Ali Abd al-Rahman al-Faqasi al-Ghamdi, a.k.a. Abu Bakr al Azdi. He is said to be a candidate 9/11 hijacker who was held back for another operation. In 2004, the 9/11 Commission reported he was in US custody.
bullet Suleiman Abdalla Salim Hemed. Wanted for involvement in the 1998 African embassy bombings, he was reportedly captured in Somalia in March 2003. Witnesses claim to have seen him in two secret US prisons in 2004.
bullet Yassir al-Jazeeri. Said to be a high-ranking al-Qaeda leader, he was reportedly captured in Pakistan in March 2003. Witnesses later saw him in a secret CIA prison (see March 15, 2003).
bullet Musaad Aruchi, a nephew of Khalid Shaikh Mohammed. He was reported captured in Pakistan in June 2004 and then taken into CIA custody (see June 12, 2004).
bullet Sheikh Ahmed Salim Swedan. Wanted for a role in the African embassy bombings, there were various reports he was captured in Pakistan in 2002 and taken into US custody (see July 11, 2002). However, it appears these reports are false, because he will allegedly be killed in Pakistan in 2009 (see January 1, 2009).
bullet Anas al-Liby, also wanted for a role in the African embassy bombings. He was reportedly captured in 2002 (see January 20, 2002- March 20, 2002) and it is suspected the US has handed him over to Egypt. [Human Rights Watch, 6/7/2007]

Entity Tags: Pacha Wazir, Sheikh Ahmed Salim Swedan, Suleiman Abdalla Salim Hemed, Yassir al-Jazeeri, Ibn al-Shaykh al-Libi, Human Rights Watch, Abd al-Hadi al-Iraqi, Ali Abd al-Rahman al-Faqasi al-Ghamdi, Amnesty International, Anas al-Liby, Hassan Ghul, Mohammed Omar Abdul-Rahman, Musaad Aruchi

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

A federal appeals court rules that “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and February 1, 2007) must be released from military custody. “To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” writes Judge Diana Gribbon Motz, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution—and the country.” She adds, “We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.” [New York Times, 6/11/2007] Motz continues, “The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Military Commissons Act Does Not Apply - The Military Commissions Act (MCA) (see October 17, 2006) does not apply to al-Marri, the court rules. [Bloomberg, 6/11/2007] Motz writes that the MCA does not apply to al-Marri and the court also rules that the government failed to prove its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the 9/11 attacks (see September 14-18, 2001), gives President Bush the power to detain al-Marri as an enemy combatant. [Associated Press, 6/11/2007] Motz also notes that even though the government says the MCA applies to al-Marri’s case, it did not follow its own guidelines under that law. The MCA requires all such detainees to be granted a Combat Status Review Tribunal (CRST) determination; all Guantanamo-based detainees have been given such a procedure. Al-Marri has not. The government did not suggest the procedure for al-Marri until the day it filed its motion to dismiss al-Marri’s case. [Christian Science Monitor, 6/13/2007] The case, al-Marri v. Wright, was filed against Navy Commander S.L. Wright, who oversees the Charleston military prison that houses al-Marri. [Bloomberg, 6/11/2007]
Government Arguments Repudiated - The 2-1 decision of the US Court of Appeals in Richmond was written for the majority by Motz. Al-Marri is the only person held on the US mainland as an enemy combatant, and has been held in isolation for four years (see August 8, 2005). The government has alleged since 2002 that al-Marri was an al-Qaeda sleeper agent sent to the US to commit mass murder and disrupt the US banking system (see June 23, 2003). Motz writes that while al-Marri may well be guilty of serious crimes, the government cannot sidestep the US criminal justice system through military detention. The al-Marri ruling apparently does not apply to enemy combatants and other detainees held without charges or legal access at the facility in Guantanamo Bay, Cuba. The dissenting judge, Henry Hudson, writes that President Bush “had the authority to detain al-Marri as an enemy combatant or belligerent” because “he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States.” Hudson is a Bush appointee. Motz and Judge Roger Gregory, the concurring judge, were appointed by former president Bill Clinton. Motz orders the Pentagon to issue a writ of habeas corpus for al-Marri “within a reasonable period of time.” The Pentagon may release him, hold him as a material witness, or charge him in the civilian court system. Al-Marri “can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely,” she writes, “But military detention of al-Marri must cease.” [New York Times, 6/11/2007; Bloomberg, 6/11/2007]
Democracy Vs. 'Police State' - Hafetz says: “We’re pleased the court saw through the government’s stunning position in this case. Had it not, the executive could effectively disappear people by picking up any immigrant in this country, locking them in a military jail, and holding the keys to the courthouse.… This is exactly what separates a country that is democratic and committed to the rule of law from a country that is a police state.” [Christian Science Monitor, 6/13/2007]
Justice Department to Challenge Decision - The Justice Department intends to challenge the decision (see June 11, 2007 and Late October-Early November, 2007). The case is expected to reach the Supreme Court, and may help define what authority the government has to indefinitely detain terror suspects and to strip detainees of their right to challenge the legality and conditions of their detention. [Associated Press, 6/11/2007] For the time being, al-Marri will remain in military custody in the Charleston naval brig. [Cincinnati Post, 6/12/2007]

Entity Tags: Diana Gribbon Motz, Combat Status Review Tribunal, Al-Qaeda, Ali Saleh Kahlah al-Marri, US Department of Justice, Henry Hudson, US Supreme Court, Jonathan Hafetz, US Department of Defense, Military Commissions Act, George W. Bush, S.L. Wright

Timeline Tags: Torture of US Captives, Civil Liberties

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. [Washington Times, 6/19/2007] Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” [Chicago Sun-Times, 6/17/2007]

Entity Tags: George W. Bush, Al-Qaeda, Ali Saleh Kahlah al-Marri, Glenn Greenwald, Bruce Fein, USA Patriot Act

Timeline Tags: Torture of US Captives, Civil Liberties

Relatives of some of the victims of the 9/11 attacks call on the CIA to release a report drafted by its inspector general into some aspects of the agency’s failings before 9/11. The report was completed in 2004 (see June-November 2004), and rewritten in 2005 (see January 7, 2005), but was not then released (see October 10, 2005). The call is backed by 15,000 signatures on a petition calling for the release. The victims’ relatives, Patty Casazza, Monica Gabrielle, Mindy Kleinberg, and Lorie Van Auken, say the report “is the only major 9/11 government review that has still not been made publicly available,” and quote Newsweek journalist Michael Isikoff saying that the main reason for the report’s non-release is “a desire to protect the reputations of some of the main figures [named in the report].” [Raw Story, 6/18/2007] This coincides with efforts by lawmakers to get part of the report published (see Spring-Summer 2007) and is eventually partially successful (see August 21, 2007).

Entity Tags: Mindy Kleinberg, Lorie Van Auken, Monica Gabrielle, Office of the Inspector General (CIA), Central Intelligence Agency, Patty Casazza

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to reports in the Indian press, a recently arrested militant leader says he believes Saeed Sheikh wired money to lead hijacker Mohamed Atta before 9/11 (see Early August 2001 and Summer 2001 and before). The militant, who is known as Babu Bhai and is a leader of the militant organization Harkat ul-Jihad al-Islami, says that the money came from a ransom paid for the release of a kidnapped shoe company executive and that he was involved in the kidnap operation as a deputy to the local commander, Asif Raza Khan. Other people involved in the money transfer are arrested based on the information disclosed by Babu Bhai. This confession supports previous reports about the transfer (see September 30-October 7, 2001, January 22-25, 2002 and July 31, 2003). [Times of India, 6/25/2007; News Post India, 6/25/2007; Ahmedabad Newsline, 6/29/2007]

Entity Tags: Saeed Sheikh, Babu Bhai, Asif Raza Khan, Mohamed Atta, Harkat ul-Jihad al-Islami

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Most of the lawsuits filed against the US government and against a number of private telecommunications firms alleging illegal wiretapping of US citizens and foreign organizations (see January 31, 2006) are hampered by what legal experts call a “Catch 22” process: lawyers for the Justice Department and for the firms that are alleged to have cooperated with the government in wiretapping citizens and organizations argue that the lawsuits have no merits because the plaintiffs cannot prove that they were direct victims of government surveillance. At the same time, the lawyers argue that the government cannot reveal if any individuals were or were not monitored because the “state secrets privilege” (see March 9, 1953) allows it to withhold information if it might damage national security. Lawyer Shayana Kadidal, who is representing the Center for Constitutional Rights in another lawsuit on behalf of Guantanamo Bay detainees, says, “The government’s line is that if you don’t have evidence of actual surveillance, you lose on standing.”
One Lawsuit Has Evidence of Surveillance - But the lawsuit filed by Saudi charitable organization the Al Haramain Islamic Foundation (see February 28, 2006) is different, because the plaintiffs have an actual classified US document that they say proves their allegations. Kadidal says that because of that document, “[T]his is the only one with evidence of actual surveillance” and therefore has a much stronger chance of going forward. The Justice Department will not confirm, or deny, if anyone from Al Haramain was monitored either under the Terrorist Surveillance Program or any other government operation, but plaintiff lawyer Jon Eisenberg tells a judge in July 2007: “We know how many times [my client has] been surveilled. There is nothing left for this court to do except hear oral arguments on the legality of the program.”
Extraordinary Measures to Keep Document 'Secure' - Though the Justice Department has repeatedly argued that the Treasury Department document at the heart of the case is harmless and unrelated to NSA surveillance, it is taking extraordinary measures to keep it secure—it is held under strict government seal and remains classified as top secret. Even the plaintiff’s lawyers are no longer allowed to see the document, and have been forced to file briefs with the court based on their memories of the document. [Wired News, 3/5/2007]
Expert: Government Cannot Stop Case - The government probably does not have enough to derail the Al Haramain case, according to law professor Curtis Bradley. In August 2007, Bradley observes, “The biggest obstacle this litigation has faced is the problem showing someone was actually subjected to surveillance,” but the lawsuit “has a very good chance to proceed farther than the other cases because it’s impossible for the government to erase [the lawyers’] memories of the document.” [Associated Press, 8/5/2007]

Entity Tags: US Department of Justice, Terrorist Surveillance Program, Shayana Kadidal, Jon Eisenberg, Curtis Bradley, Al Haramain Islamic Foundation (Oregon branch), National Security Agency, Center for Constitutional Rights

Timeline Tags: Civil Liberties

Manfo Kwaku Asiedu (left) and Adel Yahya (right).Manfo Kwaku Asiedu (left) and Adel Yahya (right). [Source: Metropolitan Police]Four men are found guilty of plotting to bomb London’s transport network on 21 July, 2005, two weeks after the 7/7 bombings (see July 21, 2005). After a six-month trial, the jury unanimously convicts Muktar Ibrahim, Yassin Omar, Ramzi Mohammed, and Hussain Osman, of conspiracy to murder. The four are sentenced to life imprisonment, with a minimum sentence of 40 years. Evidence included thousands of hours of CCTV film, as well as a suicide note left by Mohammed for his girlfriend and two children asking them to “rejoice in happiness.” The men had also been monitored attending a militant training camp in the Lake District in 2004 (see May 2-August 2004). No verdict is reached for two other men accused of being members of the conspiracy. The men, Adel Yahya and Manfo Kwaku Asiedu, face a retrial. [BBC, 7/10/2007] Asiedu is said to have been the fifth bomber who abandoned his bomb at the last minute. He says he went along with the plot because he feared being killed by the others. Yahya is not accused of directly taking part in the attempted bombings, but is charged with assisting the others, for example by buying some of the bomb-making materials. [BBC, 7/11/2007] Shortly before the retrial is to begin, Asiedu pleads guilty and is sentenced to 33 years in prison, while Yahya pleads guilty to a lesser charge of possessing terrorist information and is sentenced to seven years in prison. [London Times, 11/5/2007; Daily Telegraph, 11/21/2007] The defendants claim that the bombs were fakes and that the plot was a protest against the war in Iraq. Prosecutor Nigel Sweeney tells the jury that the plot “had been in existence long before the events of July 7” and was not a “hastily-arranged copycat” operation. Responding to the defense, Sweeney says: “The failure of those bombs to explode owed nothing to the intention of these defendants, rather it was simply the good fortune of the traveling public that day that they were spared.” [BBC, 7/10/2007] The judge, Justice Adrian Fulford, also dismisses the suggestion that the men did not intend to cause carnage. He says, “This was a viable and a very nearly successful attempt at mass murder.” [BBC, 7/11/2007]

Entity Tags: Ramzi Mohammed, Nigel Sweeney, Manfo Kwaku Asiedu, Hussain Osman, Muktar Ibrahim, Adel Yahya, Adrian Fulford, Yassin Omar

Timeline Tags: Complete 911 Timeline

A man claiming to be al-Qaeda second-in-command Ayman al-Zawahiri condemns the Pakistani Army’s raid of the Red Mosque (Lal Masjid), a center of Islamist militancy in Islamabad, Pakistan (see July 3-11, 2007). In an audio tape released on the Internet, the man says: “Muslims of Pakistan: your salvation is only through jihad [holy war]… Rigged elections will not save you, politics will not save you, and bargaining, bootlicking, negotiations with the criminals, and political maneuvers will not save you.… This crime can only be washed away by repentance or blood. If you do not revolt, [Pakistani President Pervez] Musharraf will annihilate you. Musharraf will not stop until he uproots Islam from Pakistan.” [BBC, 7/11/2007; Associated Press, 7/11/2007] The audio tape appears just days after the raid on the Red Mosque began. The Sunday Times notes, “Diplomats were surprised by the speed with which the fugitive al-Zawahiri condemned the raid and called on Pakistanis to rise up against Musharraf.” [Sunday Times (London), 7/15/2007] The Sunday Times will claim that al-Zawahiri and other al-Qaeda leaders were secretly directing the militants in the mosque (see July 15, 2007). Osama bin Laden also apparently condemns the Red Mosque raid, but it will take until September for his message to appear (see September 20, 2007).

Entity Tags: Ayman al-Zawahiri, Pervez Musharraf

Timeline Tags: Complete 911 Timeline

Juma al-Dosari in Saudi Arabia after his release.Juma al-Dosari in Saudi Arabia after his release. [Source: Nancy Durham / CBC]The Defense Department releases 16 Saudis being held in Guantanamo prison and returns them to Saudi Arabia. One of them is Juma al-Dosari, a dual Bahraini/Saudi citizen, and apparently a long-time al-Qaeda operative. [Gulf Daily News, 7/17/2007]
Extensive Al-Qaeda Links - Al-Dosari was known as “the closer” for recruiting new al-Qaeda operatives, and he recruited the “Lackawanna Six” in New York State while he lived in the US from 1999 to 2001. According to his 2006 Guantanamo Administrative Review Board evidence review, there is a long list of evidence tying him to al-Qaeda since he was 16-years old in 1989, just one year after al-Qaeda was founded. He fought with militants in Bosnia, Chechnya, and Tajikistan. He was arrested in Kuwait and then again in Saudi Arabia for suspected involvement in the 1996 Khobar Towers bombings (see June 25, 1996), but released without charge both times. An unnamed source claims he was involved in the 2000 USS Cole bombing (see October 12, 2000). He was arrested during the battle of Tora Bora, Afghanistan, in late 2001, and then sent to Guantanamo. US intelligence intercepted communications between him and Osama bin Laden’s son Saad bin Laden, and also him and al-Qaeda leader Khallad bin Attash (see November 2001-May 2002). [PBS Frontline, 10/16/2003; PBS Frontline, 10/16/2003; US Department of Defense, 9/13/2006 pdf file]
Release Unnoticed, Unexplained - Al-Dosari’s 2007 release goes almost entirely unnoticed by the US media, despite previous articles and books discussing his recruitment of the “Lackawanna Six.” In June 2008, retired FBI agent Peter Ahearn will comment to the Buffalo News that he is baffled that the US government never criminally prosecuted al-Dosari, and then released him. “We felt strongly that we could try him in Buffalo on criminal charges, but the Justice Department declined.” Ahearn is upset that al-Dosari “is walking around as a free man in Saudi Arabia.” [Buffalo News, 6/22/2008]
"Rehabilitated" in Saudi Arabia - Upon arriving in Saudi Arabia, al-Dosari is admitted into a “soft approach” government rehabilitation program designed to prevent militants from relapsing back into violent extremism (see 2007 and After). He is given a car, psychological therapy, a monthly allowance, help to find a job, and help to get married. He had attempted to commit suicide over a dozen times while in Guantanamo. In 2008, it will be reported that he is doing well in Saudi Arabia, with a new wife and a new job. He now says Osama bin Laden “used my religion and destroyed its reputation.” [Los Angeles Times, 12/21/2007; Gulf News, 2/22/2008]

Entity Tags: Peter Ahearn, Juma al-Dosari

Timeline Tags: Complete 911 Timeline

President Bush signs Executive Order 13440, which authorizes the CIA to continue using so-called “harsh” interrogation methods against anyone in US custody suspected of being a terrorist, or having knowledge of terrorist activities. The order relies on, and reaffirms, Bush’s classification of “al-Qaeda, Taliban, and associated forces” as “unlawful enemy combatants” who are not covered under the Geneva Conventions. The order also emphasizes that the Military Commissions Act (MCA) (see October 17, 2006) “reaffirms and reinforces the authority of the president to interpret the meaning and application of the Geneva Conventions.” The order does not include “murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking of hostages, or performing of biological experiments… other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment… any other acts of cruel, inhuman, or degrading treatment or punishment prohibited” by law. It also precludes acts of extreme humiliation “that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, [or] threatening the individual with sexual mutilation, or using the individual as a human shield.” The order also excludes acts that denigrate a detainee’s religion or religious practices. [White House, 7/20/2007] The order does not apply to the Army, which has numerous interrogators operating at Guantanamo and other US detention facilities. [Social Science Research Network, 3/18/2008] CIA Director Michael Hayden says, “We can now focus on our vital work, confident that our mission and authorities are clearly defined.” Administration officials say that because of the order, suspects now in US custody can be moved immediately into the “enhanced interrogation” program. Civil libertarians and human rights advocates are much less enamored of the new order. Human Rights Watch official Tom Malinowski says, “All the order really does is to have the president say, ‘Everything in that other document that I’m not showing you is legal—trust me.’” [Washington Post, 7/21/2007] In January 2009, President Obama will withdraw the order. [Washington Independent, 4/21/2009]

Entity Tags: US Department of the Army, Tom Malinowski, Taliban, George W. Bush, Geneva Conventions, Al-Qaeda, Barack Obama, Central Intelligence Agency, Military Commissions Act, Michael Hayden

Timeline Tags: Torture of US Captives, Civil Liberties

Steven Bradbury, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo on what a new interpretation of the Geneva Conventions’ Common Article 3 means for the CIA’s “enhanced interrogation program.” The Bradbury memo, released after months of debate among Bush officials regarding the ramifications of the recent Supreme Court decision extending Geneva protections to enemy combatants in US custody (see June 30, 2006), new legislation following the Court’s decision (see October 17, 2006), and an executive order on interrogations (see July 20, 2007), spells out what interrogation practices the CIA can use. The memo’s existence will not become known until after the 2009 release of four Justice Department torture memos (see April 16, 2009). Michael Ratner of the Center for Constitutional Rights will say upon learning of the memo, “The CIA still seems to want to get authority to interrogate people outside of what would be found to be a violation of the Geneva Conventions and the law.” Ratner will add that the memo raises questions about why the CIA felt it needed expanded authorities for interrogations. “What we don’t know is whether, after Hamdan, that 2007 memo modifies what the CIA is able to do in interrogation techniques,” he will say. “But what’s more interesting is why the CIA thinks it needs to use those interrogation techniques. Who are they interrogating in 2007? Who are they torturing in 2007? Is that they’re nervous about going beyond what OLC has said? These are secret-site people. Who are they? What happened to them?” [Washington Independent, 4/21/2009]

Entity Tags: Geneva Conventions, Bush administration (43), Center for Constitutional Rights, Central Intelligence Agency, US Supreme Court, Michael Ratner, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives, Civil Liberties

Legal analyst Jeffrey Toobin says he is “shocked” and “appalled” by the apparent perjury of Attorney General Alberto Gonzales to Congress. Gonzales testified (see July 24, 2007) under oath about a 2004 visit to a hospitalized John Ashcroft by himself and then-White House chief of staff Andrew Card to pressure Ashcroft, then the attorney general, to overrule the acting attorney general, James Comey, and reauthorize the National Security Agency’s domestic wiretapping program (see December 15, 2005). Toobin says of Gonzales’s apparent perjury, “You know, it’s our job to be jaded and not to be shocked. But I’m shocked. I mean, this is such an appalling set of circumstances. And the Justice Department is full of the most honorable, decent, skilled lawyers in the country. And to be led by someone who is so repudiated by members of both parties is, frankly, just shocking.” Toobin explains the nature of Gonzales’s alleged lies: when Gonzales was first asked, under oath, if there was any dispute among Justice Department and White House officials over the NSA program, he denied any such debates had taken place (see May 16, 2007). But months later, Comey testified (see May 15, 2007) that there was so much dissension in the Justice Department concerning the program that the attempt to pressure the ailing Ashcroft to reauthorize the program brought the dissent to a head: Comey, Ashcroft, FBI director Robert Mueller, and other officials threatened to resign if the program was not brought into line. Comey flatly contradicted Gonzales’s version of events. (Weeks from now, Mueller will release five pages of his own notes from that 2004 hospital meeting that will confirm Comey’s veracity; see August 16, 2007.) After Comey’s testimony called Gonzales’s truthfulness into question, Gonzales changed his story. He told his Congressional questioners that there were in fact two different programs that were being discussed at Ashcroft’s bedside, one controversial and the other not. Mueller has also testified that there is only one program causing such dispute: the NSA warrantless surveillance program. Toobin says, “So, this week, what happened was, the Senators said, well, what do you mean? How could you say it was uncontroversial, when there was this gigantic controversy? And Gonzales said, oh, no, no, no, we’re talking about two different programs. One was controversial. One wasn’t. But Mueller said today it was all just one program, and Gonzales, by implication, is not telling the truth.” The White House contends that the apparent contradiction of Gonzales’s varying statements is explained by the fact that all such surveillance programs are so highly classified that Gonzales cannot go into enough detail about the various programs to explain his “confusing” testimony. But Toobin disputes that explanation: “Mueller didn’t seem confused. No one seems confused, except Alberto Gonzales.” [CNN, 7/26/2007; Raw Story, 7/27/2007]

Entity Tags: Andrew Card, Alberto R. Gonzales, James B. Comey Jr., Jeffrey Toobin, Robert S. Mueller III, John Ashcroft, US Department of Justice, National Security Agency

Timeline Tags: Civil Liberties

After alleged al-Qaeda leader Muhammad Rahim al-Afghani is captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007), he is soon transferred to a secret CIA prison. He is held in the CIA’s secret prison system until March 14, 2008, when he is transferred to the US-run prison in Guantanamo, Cuba. [Los Angeles Times, 3/15/2008] It is not known when he is captured or handed to the CIA exactly, but a newspaper report on August 2, 2007, indicates he is already in US custody. [Asian News International, 8/2/2007]
Secret CIA Prison System Still Operational - It is also not known where he is held exactly. In September 2006, President Bush announced that the CIA’s secret prisons had been emptied, at least temporarily, and the remaining prisoners had been transferred to Guantanamo (see September 6, 2006 and September 2-3, 2006). Since then, there has only been one instance of anyone held in secret CIA custody, and that was Abd al-Hadi al-Iraqi, held by the CIA from autumn 2006 until April 2007 (see Autumn 2006-Late April 2007). Rahim’s custody indicates that the CIA prison system is still being used, although Rahim may be the only prisoner held in it at this time. [Los Angeles Times, 3/15/2008]
Is Rahim Interrogated Using Legally Questionable Methods? - In August and November 2007, an unnamed prisoner in a secret CIA prison is forced to stay awake for up to six days straight. This is almost certainly Rahim. The US State Department considers this treatment torture when other countries do it (see August and November 2007).

Entity Tags: Muhammad Rahim al-Afghani, Al-Qaeda, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former 9/11 Commission staffer Barbara Grewe is hired by the MITRE Corporation. Grewe was a key investigator on the Commission and on the Justice Department inspector general’s investigation of 9/11, where she had focused on FBI and CIA failures (see Between December 2002 and May 2003 and Late 2003). [Bellvue University, 8/9/2007; Center for American Progress Action Fund, 4/16/2008] The MITRE Corporation is closely linked to the CIA and other government agencies. For example, in December 2000 CIA Director George Tenet awarded the Intelligence Community Seal Medallion to Allan McClure of the MITRE Corporation for his help developing software and hardware to facilitate the exchange of information. [MITRE, 12/6/2000] After leaving the Commission, Grewe had worked as an associate general counsel at the Government Accountability Office (GAO). [Florida Atlantic University, 1/2005; National Security Law Report, 8/2005 pdf file; Center for American Progress Action Fund, 4/16/2008] There she supervised the GAO’s work related to the 9/11 Commission’s recommendations. [University of Michigan Law School, 3/7/2005; University Record Online, 3/14/2005] It is unclear exactly when she moves from the GAO to MITRE, but it must happen some time before August 2007. [Bellvue University, 8/9/2007] At MITRE, Grewe is a senior policy administrator and advises on information sharing issues regarding the intelligence community, the federal government, and local partners. [Bellvue University, 8/9/2007; Center for American Progress Action Fund, 4/16/2008] According to a MITRE press release, she also works as a “principal multi-discipline systems engineer.” [MITRE, 4/2008]

Entity Tags: Barbara Grewe, MITRE Corporation

Timeline Tags: Complete 911 Timeline

John Brennan.John Brennan. [Source: PBS]An article in the New Yorker magazine reveals that the CIA interrogations of 9/11 mastermind Khalid Shaikh Mohammed (KSM) were not as reliable as they are typically made out to be. Mohammed was interrogated with methods such as waterboarding that are regarded as torture by many. CIA official John Brennan, former chief of staff for CIA Director George Tenet, acknowledges, “All these methods produced useful information, but there was also a lot that was bogus.” One former top CIA official estimates that “ninety per cent of the information was unreliable.” Cables of Mohammed’s interrogation transcripts sent to higher-ups reportedly were prefaced with the warning that “the detainee has been known to withhold information or deliberately mislead.” [New Yorker, 8/6/2007] For instance, one CIA report of his interrogations was called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies” (see June 16, 2004). [Los Angeles Times, 6/23/2004] Former CIA analyst Bruce Riedel asks, “What are you going to do with KSM in the long run? It’s a very good question. I don’t think anyone has an answer. If you took him to any real American court, I think any judge would say there is no admissible evidence. It would be thrown out.” Senator Carl Levin (D-MI) says, “A guy as dangerous as KSM is, and half the world wonders if they can believe him—is that what we want? Statements that can’t be believed, because people think they rely on torture?” [New Yorker, 8/6/2007] Journalist James Risen wrote in a 2006 book, “According to a well-placed CIA source, [Mohammed] has now recanted some of what he previously told the CIA during his interrogations. That is an enormous setback for the CIA, since [his debriefings] had been considered among the agency’s most important sources of intelligence on al-Qaeda. It is unclear precisely which of his earlier statements [he] has now disavowed, but any recantation by the most important prisoner in the global war on terror must call into question much of what the United States has obtained from other prisoners around the world…” [Risen, 2006, pp. 33] In a 2008 Vanity Fair interview, a former senior CIA official familiar with the interrogation reports on Mohammed will say, “90 percent of it was total f_cking bullsh_t.” A former Pentagon analyst will add: “KSM produced no actionable intelligence. He was trying to tell us how stupid we were.” [Vanity Fair, 12/16/2008]

Entity Tags: Central Intelligence Agency, Carl Levin, John O. Brennan, Bruce Riedel, Khalid Shaikh Mohammed

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

Congressional legislation forces the CIA to declassify and release the executive summary of its inspector general’s report into some of its pre-9/11 failings. The legislation follows a long campaign by senators (see Spring-Summer 2007) and victims’ relatives (see June 18, 2007), and orders the CIA to release the summary within 30 days, together with a classified annex for Congress explaining the report’s redactions. The report was completed in 2004 (see June-November 2004), and rewritten in 2005 (see January 7, 2005), but was then not released (see October 10, 2005). Senator Ron Wyden (D-OR) says, “All I can say is that it’s an extraordinarily important, independent assessment, written with a specific purpose to learn how we can improve our security.” Senator Kit Bond (R-MI) points out that “this should have been declassified a long time ago.” [The Hill, 8/8/2007] The report is released two weeks later (see August 21, 2007).

Entity Tags: Ron Wyden, Christopher (“Kit”) Bond, Central Intelligence Agency, Office of the Inspector General (CIA)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hambali, circa 2008.Hambali, circa 2008. [Source: US Defense Department]Fourteen “high value” detainees held by the US in Guantanamo Bay (see March 9-April 28, 2007) are ruled to be “enemy combatants.” The detainees include 9/11 mastermind Khalid Shaikh Mohammed, 9/11 coordinator Ramzi bin al-Shibh, Jemaah Islamiyah leader Hambali, and al-Qaeda leaders Khallad bin Attash and Abd al-Rahim al-Nashiri. However, a judge had previously ruled that designating a detainee an “enemy combatant” was meaningless and that a person designated an enemy combatant could not be tried under the Military Commissions Act (see June 4, 2007). The Washington Post comments, “It is unclear if these men can be tried at military commissions without a change in the law or a newly designed review.” [Washington Post, 8/10/2007]

Entity Tags: Mohamad Farik Amin, Khallad bin Attash, Mohammed Nazir Bin Lep, Mustafa Ahmed al-Hawsawi, Ramzi bin al-Shibh, Military Commissions Act, Khalid Shaikh Mohammed, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Majid Khan, Abu Zubaida, Ali Abdul Aziz Ali, Hambali, Ahmed Khalfan Ghailani, Gouled Hassan Dourad

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

AT&T attorney Michael Kellogg enters the courtroom.AT&T attorney Michael Kellogg enters the courtroom. [Source: Wired News]The Ninth Circuit Court of Appeals in San Francisco hears two related cases: one a government appeal to dismiss a case brought against AT&T for its involvement in the National Security Agency (NSA)‘s domestic wiretapping program (see July 20, 2006), and the other a challenge to the government’s authority to wiretap overseas phone calls brought on behalf of a now-defunct Islamic charity, Al Haramain (see February 28, 2006). The AT&T lawsuit is brought by the Electronic Frontier Foundation (see January 31, 2006). Among the onlookers is AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009), who has provided key documentation for the EFF lawsuit (see Early January 2006).
Government Lawyer: Court Should Grant 'Utmost Deference' to Bush Administration - Deputy Solicitor General Gregory Garre, arguing on behalf of the US government, tells Judge Harry Pregerson, one of the three judges presiding over the court, that allowing the EFF lawsuit against AT&T to go forward would result in “exceptionally grave harm to national security in the United States,” even though a previous judge has ruled otherwise (see July 20, 2006) and the government itself has admitted that none of the material to be used by EFF is classified as any sort of state secret (see June 23, 2006). Pregerson says that granting such a request would essentially make his court a “rubber stamp” for the government, to which Garre argues that Pregerson should grant the “utmost deference” to the Bush administration. Pregerson retorts: “What does utmost deference mean? Bow to it?” [Wired News, 8/15/2007] Klein will later accuse Garre of using “scare tactics” to attempt to intimidate the judges into finding in favor of AT&T and the government. [Klein, 2009, pp. 79]
Government Refuses to Swear that Domestic Surveillance Program Operates under Warrant - Garre says that the goverment’s domestic surveillance program operates entirely under judicial warrant; he says the government is not willing to sign a sworn affidavit to that effect. Reporter Kevin Poulsen, writing for Wired News, says that Garre’s admission of the government’s reluctance to swear that its domestic surveillance program operates with warrants troubles all three judges. AT&T attorney Michael Kellogg argues that AT&T customers have no proof that their communications are being given over to the government without warrants, and therefore the EFF lawsuit should be dismissed. “The government has said that whatever AT&T is doing with the government is a state secret,” Kellogg says. “As a consequence, no evidence can come in whether the individuals’ communications were ever accepted or whether we played any role in it.” EFF attorney Robert Fram argues that the Foreign Intelligence Surveillance Act (FISA) allows citizens to challenge electronic surveillance by permitting courts to hear government evidence in chambers. He is careful, Poulsen writes, to note that EFF does not want specific information on the NSA’s sources and methods, and says that EFF already has enough evidence to prove its assertion that AT&T compromised its customers’ privacy by colluding with the NSA’s domestic surveillance program.
Government Mocks Whistleblower's AT&T Documentation - Garre mocks Klein’s AT&T documents, saying that all they prove is that the NSA’s secret room in AT&T’s San Francisco facility (see Late 2002-Early 2003, January 2003, and October 2003) “has a leaky air conditioner and some loose cables in the room.” Fram counters that Klein’s documentation is specific and damning. It proves that the NSA housed a splitter cabinet in that secret room that “split” data signals, allowing the NSA to wiretap literally millions of domestic communications without the knowledge of AT&T customers (see February 2003, Fall 2003, Late 2003, and Late 2003). Fram says Klein’s documents, along with other non-classified documentation EFF has presented, proves “the privacy violation on the handover of the Internet traffic at the splitter into the secret room, which room has limited access to NSA-cleared employees. What is not part of our claim is what happens inside that room.” Klein’s documentation proves the collusion between AT&T and the NSA, Fram states, but Judge M. Margaret McKeown questions this conclusion. According to Poulsen, McKeown seems more willing to grant the government the argument that it must protect “state secrets” than Pregerson.
Government Argues for Dismissal of Al Haramain Case - As in the AT&T portion of the appeal hearing, the government, represented by Assistant US Attorney General Thomas Brody, argues for the Al Haramain lawsuit’s dismissal, saying, “The state secrets privilege requires dismissal of this case.” Even the determination as to whether Al Haramain was spied upon, he argues, “is itself a state secret.” The Top Secret government document that Al Haramain is using as the foundation of its case is too secret to be used in court, Brody argues, even though the government itself accidentally provided the charity with the document. Even the plaintiff’s memories of the document constitute “state secrets” and should be disallowed, Brody continues. “This document is totally non-redactable and non-segregable and cannot even be meaningfully described,” he says. A disconcerted Judge McKeown says, “I feel like I’m in Alice and Wonderland.” Brody concludes that it is possible the Al Haramain attorneys “think or believe or claim they were surveilled. It’s entirely possible that everything they think they know is entirely false.” [Wired News, 8/15/2007]
No Rulings Issued - The appeals court declines to rule on either case at this time. Klein will later write, “It was clear to everyone that this panel would, if they ever issued a ruling, deny the ‘state secrets’ claim and give the green light for the EFF lawsuit to go forward.” [Klein, 2009, pp. 79-81] Wired News’s Ryan Singel writes that the panel seems far more sympathetic to the EFF case than the Al Haramain case. The judges seem dismayed that the government fails to prove that no domestic surveillance program actually exists in the EFF matter. However, they seem far more willing to listen to the government’s case in the Al Haramain matter, even though McKeown says that the government’s argument has an “Alice in Wonderland” feel to it. Singel believes the government is likely to throw out the secret document Al Haramain uses as the foundation of its case. However, he writes, “all three judges seemed to believe that the government could confirm or deny a secret intelligence relationship with the nation’s largest telecom, without disclosing secrets to the world.… So seemingly, in the eyes of today’s panel of judges, in the collision between secret documents and the state secrets privilege, ‘totally secret’ documents are not allowed to play, but sort-of-secret documents—the AT&T documents—may be able to trump the power of kings to do as they will.” [Wired News, 8/15/2007] Wired News’s David Kravets notes that whichever way the court eventually rules, the losing side will continue the appeals process, probably all the way to the US Supreme Court. The biggest question, he says, is whether the NSA is still spying on millions of Americans. [Wired News, 8/15/2007]

Entity Tags: Foreign Intelligence Surveillance Act, US Supreme Court, Electronic Frontier Foundation, Bush administration (43), Al Haramain Islamic Foundation, AT&T, David Kravets, Ryan Singel, Thomas Brody, National Security Agency, Mark Klein, Kevin Poulsen, M. Margaret McKeown, Gregory Garre, Harry Pregerson, Robert Fram, Michael Kellogg

Timeline Tags: Civil Liberties

A redacted summary of a report by the CIA’s inspector general into some aspects of the agency’s pre-9/11 performance is released. The report’s main points are:
bullet No CIA employees violated the law or were guilty of misconduct in the run-up to 9/11;
bullet However, some officials did not perform their duties in a satisfactory manner. The report recommended accountability boards be convened to review their performance, but former CIA Director Porter Goss decided against this recommendation in 2005 (see October 10, 2005);
bullet There was no “silver bullet” that could have prevented 9/11, but if officers had performed satisfactorily, they would have had a better chance of stopping the attacks;
bullet The CIA had no comprehensive strategy to combat al-Qaeda before 9/11 (see After December 4, 1998 and Between Mid-December 2002 and June 2004);
bullet Management of counterterrorism funds was poor (see 1997-2001);
bullet Arguments between the CIA and NSA negatively impacted counterterrorism efforts (see December 1996, Late August 1998, and 2000);
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed was well-known to the CIA before 9/11, but his case was badly handled (see 1997 or After);
bullet There were numerous failures related to the CIA’s monitoring of al-Qaeda’s Malaysia summit (see Mid-January-March 2000, 9:30 a.m. - 4:00 p.m. January 5, 2000, Mid-July 2004, (After January 6, 2000), and March 5, 2000);
bullet The CIA also missed “several additional opportunities” to watchlist Pentagon hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 8, 2000 and August 23, 2001). Such watchlisting could have led to them being denied entry, or being placed under surveillance in the US;
bullet The CIA was confused about whether it was authorized to assassinate Osama bin Laden or not (see Mid-August 1998, December 24, 1998, December 26, 1998 and After, February 1999, February 1999, and December 1999);
bullet There were various problems with assets and operations linked to foreign services. [Central Intelligence Agency, 6/2005 pdf file]
The media picks various angles in commenting on the report (see August 21, 2007), which is criticized by current CIA Director Michael Hayden (see August 21, 2007) and former Director George Tenet (see August 21, 2007).

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Author and reporter Charlie Savage observes that the Bush administration went far beyond the Reagan-era vision of a “unitary executive” (see April 30, 1986). He writes that the administration decided early on—perhaps before taking office in January 2001—to combine the “unitary executive” theory with the older concept of the “inherent powers” of the presidency (see 1901-1909 and June 30, 1950). Savage writes: “The new and improved Unitary Executive Theory said that Congress could not regulate any executive power, but the theory said nothing about the potential scope of such power. When fused, the two theories transformed any conceivably inherent executive power into an exclusive one. The president could do virtually anything, without any check by Congress.” Savage notes that most legal experts from across the political spectrum have roundly rejected both theories, as has the Supreme Court (see June 2, 1952 and June 1988). “The Bush-Cheney administration legal team regularly ignored the existence of such precedents in its secret advisory opinions” (see November 16-17, 1987 and September 25, 2001). The Bush administration also used an unusual reading of Alexander Hamilton’s discussion of the executive branch’s “unity” in the Federalist Papers, article 70, in which Hamilton advocated that the president’s powers should not be limited by a body of lawmakers. As Savage points out, most legal scholars call this reading “extremely misleading,” and note that Hamilton was writing about the Founding Fathers’ decision to have a single president instead of an executive committee. In fact, Hamilton explicitly repudiated the idea of a “unitary executive” in Federalist 69. Savage writes: “Over and over again, the presidentialists’ most important legal writings failed to make any mention of Federalist 69, even as they selectively quoted tidbits of Federalist 70—and quoted them out of context—as proof for their power to act beyond the limits of statutes passed by Congress.” Conservative law professor Richard Epstein calls the Bush administration’s legal theory “just wrong,” and its lawyers’ failure to acknowledge Federalist 69 “scandalous.” Epstein says: “How can you not talk about Federalist 69? All you have to do is go on Google and put in ‘Federalist Papers’ and ‘commander in chief,’ and it pops up.” [Savage, 2007, pp. 124-127]

Entity Tags: Charlie Savage, Richard Epstein, Bush administration (43)

Timeline Tags: Civil Liberties

Bin Laden video in 2004, left, and bin Laden video in 2007, right.Bin Laden video in 2004, left, and bin Laden video in 2007, right. [Source: Al Jazeera (left) and Intelcenter (right)]A man thought to be Osama bin Laden releases a new video message, his first for three years (see October 29, 2004). In the message, which is addressed to the US, the speaker says that actions by radical Islamists have influenced US policy and that American prestige in the world has fallen, even though the interests of radical Islamists “overlap with the interests of the major corporations and also with those of the neoconservatives.” He also criticizes the US media and, due to its treatment of Sunni Muslims, the Iraqi government. The speaker says, “The holocaust of the Jews was carried out by your brethren in the middle of Europe, but had it been closer to our countries, most of the Jews would have been saved by taking refugee with us,” and also references common discrimination against Jews and Muslims in Medieval Spain, pointing out that Jews in Morocco “are alive with us and we have not incinerated them.” In addition, he criticizes the US-led wars in Iraq and Afghanistan, saying that the Democratic party was elected to stop the war, but continues “to agree to the spending of tens of billions to continue the killing and war there,” because “the democratic system permits major corporations to back candidates,” who are then, it is implied, controlled by these corporations. The voice mentions the assassination of former US President John Kennedy and says that “the major corporations who were benefiting” from the Vietnam War “were the primary beneficiary from his killing.” He also references left-leaning writer Noam Chomsky, former CIA bin Laden unit chief Michael Scheuer, global warming, and the Kyoto accord, saying that the democratic system has caused a “massive failure to protect humans and their interests from the greed and avarice of the major corporations and their representatives,” and is “harsher and fiercer than your systems in the Middle Ages.” Finally, the speaker compares US President Bush to former Soviet leader Leonid Brezhnev, who failed to acknowledge the Soviet Union was losing the Afghan War, and calls on the US to get out of Iraq and embrace Islam, which recognizes Mary and Jesus, a “prophet of Allah,” but does not recognize taxation. [MSNBC, 9/7/2007 pdf file; Osama bin Laden, 9/7/2007; Osama bin Laden, 9/7/2007; Osama bin Laden, 9/7/2007] Bin Laden’s beard is different to his beard in previous videos and this leads to some discussion. According to the Washington Post, “The tape’s most striking feature [is] bin Laden’s physical appearance: The straggly, gray-streaked whiskers of his previous images [have] been replaced with a neatly trimmed beard of black or dark brown. While some analysts speculated that the beard [is] fake, others said it [is] likely that bin Laden had dyed his beard, as is customary for older men in some Muslim cultures.” [Washington Post, 9/8/2007] There are some problems with the video; for example, the picture is frozen for most of the time and the video is spliced (see September 12, 2007).

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

Former Pakistani Prime Minister Nawaz Sharif attempts to return to Pakistan, but his return is thwarted by the Pakistani authorities and he is deported to Saudi Arabia. Sharif, ousted by General Pervez Musharraf in 1999 (see October 12, 1999), had been in exile for seven years due to corruption charges. After landing in Pakistan, Sharif, the leader of the political party Pakistan Muslim League-N, is briefly taken into custody and then put on a flight to Jeddah, Saudi Arabia. The deportation is a major political event in Pakistan and is marked by clashes between police and Sharif’s supporters. [CNN, 9/10/2007] However, Pakistan’s ISI agency will later broker a deal with Saudi authorities regarding Sharif (see November 20-23, 2007), enabling him to return (see November 25, 2007).

Entity Tags: Pervez Musharraf, Pakistan Muslim League-N, Nawaz Sharif

Timeline Tags: Complete 911 Timeline

Waleed Alshehri in his video will.Waleed Alshehri in his video will. [Source: As Sahab]A new video is released featuring an audio statement by a man thought to be Osama bin Laden and a video will by one of the 9/11 hijackers, Waleed Alshehri. The man thought to be bin Laden urges sympathizers to join the “caravan of martyrs” and praises Alshehri, saying, “It is true that this young man was little in years, but the faith in his heart was big.” The audio message is accompanied by a still image of the man thought to be bin Laden, apparently taken from a video released a few days earlier (see September 7, 2007). It is unclear whether the audio message is new or was taped some time before release, although the speaker mentions the death of Abu Musab al-Zarqawi in 2006 (see June 8, 2006). In the will, Alshehri warns the US, “We shall come at you from your front and back, your right and left.” He also criticizes the state of the Islamic world, “The condition of Islam at the present time makes one cry… in view of the weakness, humiliation, scorn and enslavement it is suffering because it neglected the obligations of Allah and His orders, and permitted His forbidden things and abandoned jihad in Allah’s path.” Homeland security adviser Frances Townsend says that the video is not important and that bin Laden is “virtually impotent.” However, MSNBC will comment, “Bin Laden’s new appearances underline the failure to find the terror leader that President Bush vowed in the wake of the Sept. 11 attacks to take ‘dead or alive.’” [MSNBC, 9/11/2007]

Entity Tags: Frances Townsend, Osama bin Laden, Waleed Alshehri

Timeline Tags: Complete 911 Timeline

In testimony before the House Judiciary Committee, Director of National Intelligence Mike McConnell admits, “9/11 should have and could have been prevented; it was an issue of connecting information that was available.” [ABC News, 9/18/2007] The reason he gives for this is: “There was a terrorist. He was a foreigner. He was in the United States [note: presumably he is referring to Khalid Almihdhar]. He was planning to carry out the 9/11 attacks. What the 9/11 Commission and the Joint Inquiry found is that person communicated back to al-Qaeda overseas and we failed to detect it.” [US Congress, 9/18/2007] However, it is unclear which portions of the 9/11 Commission and Congressional Inquiry reports he thinks he is referring to. The 9/11 Commission report contains two brief mentions of these calls to and from the US, but does not say whether they were detected or not, although it does say that other calls made outside the US by the 9/11 hijackers were detected. [9/11 Commission, 7/24/2004, pp. 87-8, 181, 222] The Congressional Inquiry report says that the calls between Almihdhar in the US and the al-Qaeda communications hub in Yemen were intercepted and analyzed by the NSA, which distributed reports to other intelligence agencies about some of them. [US Congress, 7/24/2003, pp. 157 pdf file] The FBI had requested the NSA inform it of calls between the number Almihdhar talked to, an al-Qaeda communications hub in Yemen, and the US (see Late 1998), but the NSA did not do so (see (Spring 2000)). A variety of explanations are offered for this after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: 9/11 Congressional Inquiry, Mike McConnell, 9/11 Commission, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In mid-September 2007, the CIA informs the prosecution team from the 2006 Zacarias Moussaoui trial that it has one video recordings of a high-ranking detainee interrogation. The CIA had previously claimed it had no video recordings of any interrogations when in fact it did (see May 7-9, 2003 and November 3-14, 2005). The CIA then initiates a review and unearths another video and an audio recording several days later. The prosecutors will subsequently inform the judge, but say that the error did not influence the outcome of the trial, as Moussaoui pleaded guilty, but the death penalty was not imposed. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Lawyers who prosecuted Zacarias Moussaoui view these two videotapes and listen to the one audiotape. The names of the one to three detainees who were recorded are not known. [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] However, they were enemy combatants that could not testify at the trial, and substitutions for testimony were submitted in the trial on behalf of five enemy combatants: Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi, Khallad bin Attash, Hambali, and Mohamed al-Khatani. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Shortly after this, the CIA discloses that it had destroyed some similar videotapes in 2005 (see November 2005 and December 6, 2007). Apparently this indicates some videotapes have survived the destruction.

Entity Tags: Central Intelligence Agency, Zacarias Moussaoui

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

A man thought to be Osama bin Laden releases a new audio tape calling on the people of Pakistan to overthrow President Pervez Musharraf. The immediate reason is a Pakistani government attack on a mosque, which is compared to the destruction of a mosque in India by Hindu nationalists, “Pervez’s invasion of Lal Masjid [the Red Mosque] in the City of Islam, Islamabad (see July 3-11, 2007), is a sad event, like the crime of the Hindus in their invasion and destruction of the Babari Masjid.” The voice on the tape accuses Musharraf of providing “loyalty, submissiveness and aid to America,” and says, “armed rebellion against him and removing him [are] obligatory.” Musharraf is also criticized for showing images of a cleric attempting to escape the mosque in women’s clothing, for Pakistani military intelligence allegedly pressurizing clerics to issue fatwas favorable to the government, for his inaction over Kashmir, and for using the Pakistani army in tribal areas. [Counterterrorismblog(.org), 9/2007; BBC, 9/20/2007] Al-Qaeda second-in-command Ayman al-Zawahiri also apparently released an audio tape condemning the Red Mosque raid, but his tape took only days to appear (see July 11, 2007).

Entity Tags: Pervez Musharraf, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Laurie Mylroie, a neoconservative author whose theories that Saddam Hussein was responsible for the 1993 World Trade Center bombing (see October 2000) and the 9/11 attacks (see September 12, 2001 and July 2003) have been repeatedly discredited (see February 2003, July 9, 2003, and December 2003), produces a report on Iraq for the Pentagon. Reporter Justin Elliott, learning about Mylroie’s position with the Defense Department in 2009, cites Mylroie as an example of “neoconservatives… falling upward,” or “repeatedly getting important things wrong and… being handed new opportunities to pursue their work.” Mylroie’s report, “Saddam’s Foreign Intelligence Service,” follows her February 2007 study entitled “Saddam’s Strategic Concepts: Dealing With UNSCOM.” Both were produced for the Pentagon’s Office of Net Assessment [ONA], which the Washington Post has described as an “obscure but highly influential” bureau within the department. In 2009, Jacob Heilbrunn, who has written a book about neoconservatives, will say: “It’s kind of astonishing that the ONA would come even within a mile of her. I think she is completely discredited.” The New America Foundation’s Steve Clemons will add: “I’m shocked. If this came out in 2007, she was presumably working on it in 2006, and, by that time, the fate and fortunes of a lot of these people was already switching.” Heilbrunn will explain why Mylroie’s opinions are so sought after within the Pentagon, even though she has been roundly discredited: “She was one of the original fermenters of the idea that Saddam Hussein had these intimate ties with al-Qaeda.” A Defense Department spokesperson will explain Mylroie’s selection as an ONA researcher by saying, “All aspects of researchers and research institutions are considered, with an emphasis on obtaining the widest range of possible intellectual approaches in order to provide a fully balanced approach to the analysis of future developments.” As for her work with ONA, the Defense Department says, “These reports were part of a multi-scope research effort to identify the widest possible range of analysts whose expertise was likely to generate insights and concepts which would contribute to Net Assessments’ ongoing work to develop and refine trends, risks, and opportunities which will shape future (2020) national security environments.” [TPM Muckraker, 1/29/2009]

Entity Tags: Justin Elliott, Jacob Heilbrunn, US Department of Defense, Steve Clemons, Office Of Net Assessment, Laurie Mylroie

Timeline Tags: Neoconservative Influence

The Justice Department’s Brian Benczkowski answers Senator Ron Wyden (D-OR)‘s request for clarification of the terms “humane treatment” and “cruel, inhuman, and degrading treatment” as it applies to suspected terrorists in US custody. Benczkowski writes that the government uses the Military Commissions Act (MCA) (see October 17, 2006) and a recent executive order, Order #13440 (authorizing the continued use of harsh interrogation methods—see July 20, 2007) to determine how the US will comply with the Geneva Conventions. Benczkowski writes that Order 13440 and the Army Field Manual, among other guidelines, ensure that any interrogations carried out by US personnel comply with Geneva.
Geneva Does Not Clearly Define 'Humane Treatment' - He goes on to note that the term “humane treatment” is not directly defined by Geneva, but “rather provides content by enumerating the specific prohibitions that would contravene that standard.” Common Article 3, the statute in the Conventions that specifically addresses the treatment of prisoners, expressly prohibits “violence” including “murder of all kinds, mutilation, cruel treatment and torture.” It also prohibits “outrages upon personal dignity,” including “humiliating and degrading treatment.” Benczkowski writes that there is no accepted international standard as to what is defined as “humane treatment” and what is not, outside of the basic provisions of food, water, clothing, shelter, and protection from extremes of temperature. Given this standard, he writes, the Bush administration does ensure that “all detainees within the CIA program shall be treated humanely.”
Defined by Circumstances - He goes on to note that Geneva seems to grant some leeway for interpretation as to what complies with its standards, particularly in the area of “outrages upon personal dignity.” Citing a previous international tribunal, he writes, “To rise to the level of an outrage, the conduct must be ‘animated by contempt for the human dignity of another person’ and it must be so deplorable that the reasonable observer would recognize it as something that must be universally condemned.” None of the methods used by US interrogators contravenes any of these standards as the Justice Department interprets them, Benczkowski concludes. As for the question of “cruel, inhuman and degrading treatment,” or as he abbreviates it, “CIDT,” Benczkowski writes that such treatment is prohibited by the Fifth, Eighth, and Fourteenth Amendments to the US Constitution. However, circumstances determine what is and is not CIDT, he writes; even “in evaluating whether a homicide violates Common Article 3, it would be necessary to consider the circumstances surrounding the act.” The CIA interrogation program fully complies with Common Article 3, various statutes and Supreme Court decisions, and the Bill of Rights, Benczkowski asserts. [US Department of Justice, 9/27/2007 pdf file]

Entity Tags: US Department of Justice, Brian A. Benczkowski, Bush administration (43), Central Intelligence Agency, Geneva Conventions, Ron Wyden, Military Commissions Act

Timeline Tags: Torture of US Captives, Civil Liberties

According to Time magazine, the CIA produces a report saying that Osama bin Laden has long-term kidney disease and may only have months to live. Time cites as its source “two US officials familiar with the report.” Allegedly, the CIA managed to get the names of some of the medications bin Laden is taking. How this was done is unclear. One of the sources says the report concluded, “Based on his current pharmaceutical intake, [we] would expect that he has no more than six to 18 months to live and impending kidney failure.” However, some observers will dispute the alleged report’s apparent claims. Paul Pillar, a former deputy director of the CIA’s Counterterrorist Center, will say, “It’s trying to make a diagnosis from thousands of miles away with only fragments of the medical chart.” Former Bush administration official Frances Fragos Townsend will add: “I’ve read all the same conflicting reports [on bin Laden’s health] that people have talked to you about. I never found one set of reporting more persuasive than another.” When Time breaks the story the next year, the CIA will even disavow the claims attributed to the report. “I have found no one here familiar with this alleged report or the analytic line it supposedly conveys,” says CIA spokesman Paul Gimigliano. “The fact that anonymous sources attribute views to the CIA is not, by itself, reason to believe the agency actually holds those views.” [Time, 6/30/2009]

Entity Tags: Frances Townsend, Central Intelligence Agency, Paul Gimigliano, Paul R. Pillar, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Air Force Colonel Morris Davis resigns his position as the lead counsel for the military commissions trials at Guantanamo after complaining that his authority in prosecutions is being usurped for political purposes (see October 19, 2007). In particular, Davis complains about interference by Air Force Brigadier General Thomas Hartmann, a legal adviser at Guantanamo (see July 2007), and Defense Department General Counsel William J. Haynes (see October 4, 2007). [Washington Post, 10/20/2007] Davis planned on prosecuting as many as 80 of the Guantanamo detainees. There have been no trials so far, because the Supreme Court ruled the trials unconstitutional until they were reauthorized by the Military Commissions Act (see October 17, 2006). Davis has made headlines with outspoken support of the trials and his colorful characterizations of Guantanamo detainees. In March 2006, he compared detainees who challenged the trial system to vampires afraid of the harsh sunlight of US justice: “Remember if you dragged Dracula out into the sunlight, he melted? Well, that’s kind of the way it is trying to drag a detainee into the courtroom,” he told reporters. “But their day is coming.” [Miami Herald, 10/6/2007]

Entity Tags: Morris Davis, Military Commissions Act, Thomas Hartmann, US Supreme Court

Timeline Tags: Torture of US Captives, Civil Liberties

Jamal al-Badawi in a Yemeni prison in 2005.Jamal al-Badawi in a Yemeni prison in 2005. [Source: Associated Press / Muhammed Al Qadhi]Al-Qaeda operative Jamal al-Badawi, considered one of the main planners of the USS Cole bombing (see October 12, 2000), turns himself in to Yemeni authorities on October 17, 2007. He had escaped a Yemeni prison the year before and had been sentenced to death in Yemen for his role in the bombing (see February 3, 2006). But on October 26, Yemeni authorities release him again in return for a pledge not to engage in any violent or al-Qaeda-related activity. Yemen often lets militants go free if they pledge not to attack within Yemen (see 2002 and After). The US has issued a $5 million reward for al-Badawi’s capture, but the Yemeni government refuses to extradite him. US officials are furious about the release, which is particularly galling because it comes just two days after President Bush’s top counterterrorism adviser Frances Townsend visits Yemen and praises the Yemeni government for their cooperation in fighting terrorism. The US had also just announced $20 million in new aid for Yemen, but threatens to cancel the aid due to al-Badawi’s release. Al-Badawi is put back in prison on October 29 and the aid program goes forward. However, US officials are dubious about al-Badawis’ real status. One official who visits him in prison gets the impression he was put in a prison cell just in time for the visit. [Newsweek, 10/27/2007; Newsweek, 10/31/2007; New York Times, 1/28/2008] In December 2007, a Yemeni newspaper reports that al-Badawi has again been seen roaming free in public. One source close to the Cole investigation will tell the Washington Post in 2008 that there is evidence that al-Badawi is still allowed to come and go from his prison cell. US officials have demanded to be able to conduct random inspections to make sure he stays in his cell, but apparently the Yemeni government has refused the demand. [Washington Post, 5/4/2008]

Entity Tags: Jamal al-Badawi, Frances Townsend

Timeline Tags: Complete 911 Timeline

Attorney general nominee Michael Mukasey uses an anecdote about a cell phone battery to argue that the current legal system is poorly equipped to fight Islamic terrorism. The anecdote is told during his confirmation hearings, but he previously used it in an op-ed for the Wall Street Journal in August. Mukasey says that during Ramzi Yousef’s trial for the 1993 World Trade Center bombing: “[S]omebody testified to somebody having delivered a cell phone battery to someone else. That piece of testimony disclosed to al-Qaeda that a line of communication of theirs had been compromised and, in fact, was one of communication that our government was monitoring and from which it had gotten enormously valuable intelligence. That line of communication shut down within days of that testimony and I don’t know what we lost. Nobody knows what we lost. But we probably lost something enormously valuable.” Mukasey does not say which of Yousef’s two trials the testimony was at. [Wall Street Journal, 8/22/2007; CQ Transcripts Wire, 10/18/2007] This incident is not known and is not confirmed by other sources. It is unclear who the two militants were, and why the militant who received the cell phone battery would be unable to purchase it himself. Osama bin Laden is said to have received a doctored battery for his satellite (not cell) phone in Afghanistan, and this is said to have helped the US track him (see May 28, 1998). However, this apparently happened after Yousef was sentenced in the last of the two cases to come to trial, so it is unclear how this could have been mentioned at the trial (see January 8, 1998). A rumor later circulated that bin Laden had stopped using the satellite phone with the allegedly doctored battery based on a leak of intelligence to the press, but that appears to be an urban myth (see Late August 1998).

Entity Tags: Michael Mukasey

Timeline Tags: Complete 911 Timeline

Administration of Torture book cover.Administration of Torture book cover. [Source: Public domain]American Civil Liberties Union (ACLU) lawyers Jameel Jaffer and Amrit Singh publish the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond. In their book, Jaffer and Singh use over 100,000 pages of government documents obtained through the Freedom of Information Act to detail the sometimes-horrific conditions under which suspected terrorists are detained by the US government. The book spans detention facilities in Afghanistan, Iraq, and Guantanamo Bay. The book’s central thesis is, according to the ACLU’s press release for the book, “that the torture and abuse of prisoners was systemic and resulted from decisions made by senior US officials, both military and civilian,” including President Bush himself. [American Civil Liberties Union, 10/22/2007] “[T]he documents show unambiguously that the administration has adopted some of the methods of the most tyrannical regimes,” write Jaffer and Singh. Some of the prisoners “abused, tortured, and killed” were not even terror suspects, the authors show. [Raw Story, 10/22/2007] The book grew out of a long, difficult battle by the ACLU and several other such organizations to secure records pertaining to detainees held by the US in other countries (see October 7, 2003). The book shows a starkly different reality than the picture painted by the Bush administration’s repeated disavowals of torture, a reality established by the government’s own documentation. The administration has repeatedly claimed, for instance, that the torture and abuse so well documented at Baghdad’s Abu Ghraib prison was an isolated, unusual set of incidents that was not repeated at other US detention facilities. The documentation compiled by Jaffer and Singh prove that claim to be a lie: “This claim was completely false, and senior officials almost certainly knew it to be so.” Beatings, kickings, and all manner of abuses have routinely occurred at other detention facilities in Afghanistan and Iraq, the book states. Autopsy reports show that numerous prisoners in US custody have died due to strangulation, suffocation, or blunt-force trauma. Documents from Guantanamo, a facility where Bush officials have repeatedly claimed that the “excesses” of Abu Ghraib were never implemented, show that Guantanamo detainees were regularly “shackled in excruciating ‘stress positions,’ held in freezing-cold cells, forcibly stripped, hooded, terrorized with military dogs, and deprived of human contact for months.” And, perhaps most damningly for the administration, government documents show that top White House and Pentagon officials were not only well aware of the scope of the abuse months before the first pictures from Abu Ghraib were broadcast to the public, but that torture and abuse are part of the administration’s policy towards detainees. “[T]he maltreatment of prisoners resulted in large part from decisions made by senior officials, both military and civilian,” Jaffer and Singh write. “These decisions… were reaffirmed repeatedly, even in the face of complaints from law enforcement and military personnel that the policies were illegal and ineffective, and even after countless prisoners… were abused, tortured, or killed in custody.… The documents show that senior officials endorsed the abuse of prisoners as a matter of policy—sometimes by tolerating it, sometimes by encouraging it, and sometimes by expressly authorizing it.”
bullet The book presents a number of damning claims, all backed by extensive documentation, including the following: [American Civil Liberties Union, 10/22/2007]
bullet General Michael Dunlavey, who oversaw prisoner interrogations at Guantanamo and considered former camp commander Brigadier General Rick Baccus too soft on the detainees [BBC, 10/16/2002] , and who asked the Pentagon to approve more aggressive interrogation methods for the camp, claimed that he received his “marching orders” from Bush.
bullet Then-Defense Secretary Donald Rumsfeld was “personally involved” in overseeing the interrogation of a Guantanamo prisoner named Mohammed al-Khatani, the alleged would-be 20th 9/11 hijacker (see July 2002). Al-Khatani was “stripped naked, paraded in front of female interrogators, made to wear women’s underwear on his head, led around on a leash, and forced to perform dog tricks.” It is not clear just what being “personally involved” entails. Rumsfeld did not himself authorize such methods, but according to the investigator who documented the al-Khatani abuse session, Rumsfeld “failed to place a ‘throttle’ over abusive ‘applications’ of the ‘broad techniques’ that he did authorize….”
bullet Interrogators who used abusive ‘SERE’ (Survival, Evasion, Resistance, Escape) methods at Guantanamo did so because the Pentagon had endorsed those methods and required interrogators to be trained in the use of those methods (see December 2001).
bullet FBI personnel complained of abuses at Guantanamo; these instances of abuse were authorized by the chain of command within the Defense Department.
bullet Some of the most disturbing interrogation methodologies displayed in photos from Abu Ghraib were used at Guantanamo, with the endorsement of Rumsfeld, and that Major General Geoffrey Miller’s aggressive plan to “Gitmoize” Abu Ghraib was endorsed by senior Defense officials.
bullet Bush and his senior officials have always insisted that abuse and torture was limited to a few unauthorized soldiers at Abu Ghraib. Yet a Defense Department “Information Paper” shows that, three weeks before the Abu Ghraib photos appeared in the press, the US Army knew of at least 62 allegations of prisoner abuse in Afghanistan and Iraq, most of which had no relation to Abu Ghraib.
bullet The Defense Department held prisoners as young as 12 years old.
bullet The Defense Department approved holding prisoners in cells as small as 3 feet wide, 4 feet long, and 18 inches high. Special Forces units held prisoners in cells only slightly larger than that. [American Civil Liberties Union, 10/22/2007]

Entity Tags: US Department of Defense, Rick Baccus, Mohamed al-Khatani, Michael E. Dunlavey, Geoffrey D. Miller, George W. Bush, American Civil Liberties Union, Jameel Jaffer, Amrit Singh, Donald Rumsfeld, Bush administration (43), Federal Bureau of Investigation

Timeline Tags: Torture of US Captives, Civil Liberties

Neoconservative founder Norman Podhoretz, a senior foreign adviser to Republican presidential frontrunner Rudolph Giuliani, says the US has no other choice than to bomb Iran. Podhoretz says heavy and immediate strikes against Iran are necessary to prevent that country from developing nuclear weapons. “None of the alternatives to military action—negotiations, sanctions, provoking an internal insurrection—can possibly work,” Podhoretz says. “They’re all ways of evading the terrible choice we have to make which is to either let them get the bomb or to bomb them.” Podhoretz says that such strikes would be effective: “People I’ve talked to have no doubt we could set [Iran’s nuclear program] five or 10 years. There are those who believe we can get the underground facilities as well with these highly sophisticated bunker-busting munitions.” (Podhoretz does not identify the people he has “talked to.”) “I would say it would take five minutes. You’d wake up one morning and the strikes would have been ordered and carried out during the night. All the president has to do is say go.” Giuliani has echoed Podhoretz’s belligerence towards Iran; last month, Giuliani told a London audience that Iran should be given “an absolute assurance that, if they get to the point that they are going to become a nuclear power, we will prevent them or we will set them back five or 10 years.” Podhoretz says he was pleasantly surprised to hear Giuliani make such assertions: “I was even surprised he went that far. I’m sure some of his political people were telling him to go slow…. I wouldn’t advise any candidate to come out and say we have to bomb—it’s not a prudent thing to say at this stage of the campaign.” Podhoretz has given President Bush much the same advice (see Spring 2007).
'Irrational' 'Insanity' - Nation editor Katrina vanden Heuvel blasts the “immorality and illegality” of Podhoretz’s “death wish,” and notes that such “military action would be irrational for both sides. The US military is already stretched to the breaking point. We’d witness unprecedented pandemonium in oil markets. Our troops in Iraq would be endangered.” Vanden Heuvel cites the failure to destroy Saddam Hussein’s Scud missiles during six weeks of bombings in 1991 (see January 16, 1991 and After), and the failure of the Israeli bombing of Iraq’s Osirak reactor (see June 7, 1981) to curb “regional [nuclear] proliferation.” She concludes, “Podhoretz and his insanity will embolden Iranian hardliners, plunge the region into even greater and darker instability and undermine our security.” [Nation, 10/28/2007]
Giuliani's Stable of Neocons - Since July 2007, Giuliani has surrounded himself with a group of outspoken hardline and neoconservative foreign policy advisers (see Mid-July 2007).

Entity Tags: Norman Podhoretz, Katrina vanden Heuvel, Saddam Hussein, George W. Bush, Rudolph (“Rudy”) Giuliani

Timeline Tags: US confrontation with Iran, Neoconservative Influence

On the eve of a visit to London, King Abdullah of Saudi Arabia says that his intelligence service warned Britain of an impending plot before the 7/7 London bombings (see July 7, 2005), but that British authorities failed to act on the warning. King Abdullah says, “We sent information to [Britain] before the terrorist attacks in Britain but unfortunately no action was taken. And it may have been able to maybe avert the tragedy.” He also says that Britain did not take terrorism seriously for a while. However, British authorities deny all this. [BBC, 10/29/2007] Details of the warning are not specified. However, this may be a reference to one or two discussions between Saudi Arabia and Britain in early 2005 about information indicating there was to be an attack in London (see December 14, 2004-February 2005 and April 2005 or Shortly Before).

Entity Tags: Abdullah bin Abdulaziz al-Saud

Timeline Tags: Complete 911 Timeline

Saudi Arabia’s national security adviser Prince Bandar bin Sultan says that before 9/11 the Saudi government was “actively following” most of the 19 hijackers “with precision.” Prince Bandar, formerly Saudi ambassador to the US, also says that the information Saudi Arabia had may have been sufficient to prevent 9/11: “If US security authorities had engaged their Saudi counterparts in a serious and credible manner, in my opinion, we would have avoided what happened.” A US official says that the statement made by Prince Bandar should be taken with a grain of salt. [CNN, 11/2/2007] Saudi officials had previously said that they watchlisted two of the Saudi hijackers, Nawaf Alhazmi and Khalid Almihdhar, in the late 1990s (see 1997 and Late 1999) and their interest in Nawaf Alhazmi may have led them to his brother, Salem. All three of these hijackers were also tracked by the US before 9/11 (see Early 1999, January 5-8, 2000, Early 2000-Summer 2001 and 9:53 p.m. September 11, 2001).
Saudi Tracking - Almost a year after Prince Bandar makes this claim, author James Bamford will offer information corroborating it. Bamford will write that Saudi officials placed an indicator in some of the hijackers’ passports and then used the indicator to track them. The Saudis did this because they thought the hijackers were Islamist radicals and wanted to keep an eye on their movements. [Bamford, 2008, pp. 58-59] Details of the tracking by the Saudis are sketchy and there is no full list of the hijackers tracked in this manner. According to the 9/11 Commission, Almihdhar and the Alhazmi brothers had indicators of Islamist extremism in their passports. [9/11 Commission, 8/21/2004, pp. 33 pdf file] Two other hijackers may also have had the same indicator. [9/11 Commission, 7/24/2004, pp. 564]
The three who had the indicator are: -
bullet Nawaf Alhazmi, who obtained a passport containing an indicator in the spring of 1999 (see March 21, 1999), and then left Saudi Arabia (see After Early April 1999).
bullet Khalid Almihdhar, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 6, 1999 and June 1, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, Late 2000-February 2001, May 26, 2001, and July 4, 2001).
bullet Salem Alhazmi, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 4, 1999 and June 16, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, November 2000, June 13, 2001, and (Between June 20 and June 29, 2001)).
The two who may also have had the indicator are: -
bullet Ahmed Alhaznawi, who obtained a passport possibly containing an indicator before mid-November 2000 (see Before November 12, 2000) and then repeatedly entered and left Saudi Arabia (see After November 12, 2000, (Between May 7 and June 1, 2001), and June 1, 2001).
bullet Ahmed Alnami, who obtained passports possibly containing an indicator in late 2000 and spring 2001 (see November 6, 1999 and April 21, 2001) and then repeatedly entered and left Saudi Arabia (see Mid-November, 2000 and May 13, 2001).
What the indicator actually looks like in the passports is not known.

Entity Tags: Bandar bin Sultan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A federal appellate court bars an Islamic charity accused of assisting terrorists from using a US government document to prove that it had been illegally spied upon (see February 28, 2006). The charity, the now-defunct Al Haramain Islamic Foundation (see Late May, 2004), has been accused by the government and the UN Security Council of being affiliated with al-Qaeda; the charity’s officials deny the charges. In its finding, the three-judge panel rules in favor of the government’s argument that protecting “state secrets” (see March 9, 1953) is of overriding importance in the case. Other courts have ruled that the Bush administration can refuse to disclose information if “there is a reasonable danger” it would affect national security. Al Haramain’s lawyers argued that the document is necessary to prove that it was illegally monitored. According to the ruling, the judges accept “the need to defer to the executive on matters of foreign and national security and surely cannot legitimately find ourselves second-guessing the executive in this arena.”
Reaction Divided - Opinion is divided on the ruling. Constitutional law professor Erwin Chemerinsky of Duke University says the court’s deference to the “executive branch in situations like this [is] very troubling.” Another constitutional law professor, Douglas Kmiec of Pepperdine, says “the opinion is consistent with” an earlier ruling that struck down a challenge to the government’s surveillance program filed by the American Civil Liberties Union; Kmiec says the rulings indicate that “federal courts recognize that the essential aspects of the Terrorist Surveillance Program both remain secret and are important to preserve as such.”
Mixed Results - The appellate court does not give the government everything it asked for. It rejects the Justice Department’s argument that “the very subject matter of the litigation is a state secret.” That finding may prove important in the other surveillance cases where the government is arguing that even to consider legal challenges to warrantless wiretapping endangers national security. The appeals court sends the case back to a lower court to consider whether or not the Foreign Intelligence Surveillance Act, which requires approval by a special court for domestic surveillance, preempts the state secrets privilege. The court also severs the Al Haramain case from other, similar lawsuits challenging the government’s secret surveillance program. [Los Angeles Times, 11/17/2007]

Entity Tags: United Nations Security Council, US Department of Justice, Erwin Chemerinsky, Foreign Intelligence Surveillance Act, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Douglas Kmiec, Bush administration (43), Terrorist Surveillance Program

Timeline Tags: Civil Liberties

A man thought to be Osama bin Laden releases a new audio message aimed at European listeners. [Reuters, 11/29/2007] As-Sahab, al-Qaeda’s media arm, gave advance notice of the tape’s release on the Internet. [Associated Press, 11/26/2007] The voice on the tape urges Europeans to end troop commitments to Afghanistan, as American power is on the wane, “With the grace of God… the American tide is receding and they would eventually return to their home across the Atlantic… It is in your interest to force the hand of your politicians [away from] the White House.” The man also says that the Taliban had no knowledge of 9/11: “I am the one responsible… The Afghan people and government knew nothing whatsoever about these events.” In saying this, he claims that the US-led invasion of Afghanistan was wrong. Bin Laden names Nicolas Sazkozy and Gordon Brown as leaders of France and Britain, indicating that the tape was made at some time after June 2007. [Reuters, 11/29/2007]

Entity Tags: Osama bin Laden, Al-Qaeda, As-Sahab

Timeline Tags: Complete 911 Timeline

In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). [Central Intelligence Agency, 12/6/2007] The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. [Washington Post, 12/7/2007] The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. [New York Times, 12/8/2007] Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” [CBS News, 12/7/2007; ABC News, 12/7/2007] Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. [Los Angeles Times, 12/9/2007]

Entity Tags: Edward M. (“Ted”) Kennedy, Richard (“Dick”) Durbin, Senate Intelligence Committee, Central Intelligence Agency, Michael Hayden, Amnesty International

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

President George Bush says he was unaware that the CIA had videotaped detainee interrogations. The CIA had videotaped some interrogations in 2002 (see Spring-Late 2002), but the tapes were destroyed in late 2005 (see November 2005), and this was disclosed five days previously (see December 6, 2007). Bush says, “My first recollection of whether the tapes existed or whether they were destroyed was when [CIA Director] Michael Hayden briefed me.” [ABC News, 12/11/2007] Bush took an interest in information coming from one of the detainees who was videotaped, Abu Zubaida (see Late March 2002), and normally a president would be informed about activities like the detainee interrogations. However, there appears to have been a long-standing deliberate policy of keeping Bush out of the loop regarding aggressive interrogation methods to protect him from any adverse consequences that might arise (see April 2002 and After).

Entity Tags: George W. Bush, Michael Hayden

Timeline Tags: Torture of US Captives, Complete 911 Timeline

IntelCenter, a US-based organization that conducts research into terrorism, finds that al-Qaeda has released more than 90 videos in 2007. This is more than al-Qaeda released in the previous three years put together. The videos were released through the organization’s media arm, As-Sahab. Al-Qaeda’s most prominent spokesman is its second in command, Ayman al-Zawahiri, who has issued at least 16 messages this year (see January 5, 2007, January 23, 2007, and July 11, 2007), whereas al-Qaeda leader Osama bin Laden is only credited with issuing five (see September 7, 2007, September 11, 2007, September 20, 2007, October 22, 2007, and November 29, 2007). The Associated Press will comment: “The videos have grown more sophisticated in targeting their international audience. Videos are always subtitled in English, and messages this year from bin Laden and al-Zawahiri focusing on Pakistan and Afghanistan have been dubbed in the local languages, Urdu and Pashtu. Videos and audiotapes have also had a faster turnaround, referring sometimes to events that occurred only days earlier. The al-Qaeda leaders’ messages are often interwoven with footage of past attacks, militants training, and TV news clips of world events and leaders including President Bush—evidence that their producers have easy access to media.” [Associated Press, 12/20/2007]

Entity Tags: Al-Qaeda, IntelCenter, As-Sahab

Timeline Tags: Complete 911 Timeline

Shayna Steinger, a consular officer who issued 12 visas to the 9/11 hijackers in Jeddah (see July 1, 2000), becomes a board member of the American Foreign Service Association. [AFSA News, 1/2008 pdf file] According to its Web site, the association has 15,000 dues-paying members who work abroad, mostly for the State Department, and its principal mission is to protect their interests and enhance the effectiveness of the US’s Foreign Service. [American Foreign Service Association, 4/17/2010] Steinger is currently a desk officer at the Bureau of Near Eastern Affairs’ Office of Israel and Palestinian Affairs (see Before January 2008). Also appointed to the board at this time are former Ambassador Barbara Bodine, who hampered the FBI’s investigation into the USS Cole bombing in 2000 (see October 14-Late November, 2000), and Anne Aguilera, a consular officer who has served in Iraq. [AFSA News, 1/2008 pdf file]

Entity Tags: Shayna Steinger, American Foreign Service Association, US Department of State, Barbara Bodine

Timeline Tags: Complete 911 Timeline, Misc Entries

In an op-ed published by the New York Times, former 9/11 Commission chairman Tom Kean and vice-chairman Lee Hamilton write that their 9/11 inquiry was “obstructed” by the CIA, which failed to provide them with videotapes of detainee interrogations. The White House also knew of the videotapes’ existence but failed to inform the Commission, which had repeatedly asked for all material related to detainee interrogations and was unhappy with what the CIA gave it (see Summer 2003-January 2004, Summer 2003, November 5, 2003-January 2004, and After January 2004). Kean and Hamilton write that the CIA “failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes—and did not tell us about them—obstructed our investigation. There could have been absolutely no doubt in the mind of anyone at the CIA—or the White House—of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” [New York Times, 1/2/2008]

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

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

US District Judge Richard Roberts says that CIA interrogation videotapes may have been relevant to a case before him and orders the administration to explain why they were destroyed in 2005, and also to say whether other evidence was destroyed. The government has three weeks to produce the report, as the judge thinks the tapes may have been relevant to the case of Guantanamo detainee Hani Abdullah. The charges against Abdullah are based, at least in part, on information obtained from militant leader Abu Zubaida, who was shown on the tapes and was subjected to waterboarding and other “enhanced techniques” (see Spring-Late 2002 and Mid-May 2002 and After). The report also has to explain what the government has done to preserve evidence since Roberts issued an order in July 2005 not to destroy it, what it is doing now, and whether any other potentially relevant evidence has been destroyed. [Associated Press, 1/24/2008]

Entity Tags: Central Intelligence Agency, Hani Abdullah, Richard W. Roberts

Timeline Tags: Torture of US Captives, Complete 911 Timeline

CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testify to a Senate committee that US officials had indeed waterboarded three terrorist suspects (see May 2002-2003, Mid-May 2002 and After, (November 2002), and After March 7, 2003). Hayden and McConnell, testifying before the Senate Intelligence Committee, say that while the CIA banned the use of waterboarding (see Between May and Late 2006), the agency might authorize it again if circumstances warranted. Hayden says that the CIA found it necessary to waterboard the three suspects—alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and al-Qaeda manager Abd al-Rahim al-Nashiri—because the US believed they had information about an imminent attack, and because it needed information about al-Qaeda immediately. “Those two circumstances have changed,” says Hayden. McConnell calls waterboarding a “lawful technique” that could be used again if needed. Hayden says the CIA has held fewer than 100 detainees, and of those, less than a third were put through what he calls “enhanced techniques.” Hayden also admits that “private contractors” took part in subjecting detainees to those “enhanced techniques,” which many call torture. He says he is not sure if any contractors were involved in waterboarding anyone. Senator Richard Durbin (D-IL) calls for an immediate Justice Department investigation into whether waterboarding is a criminal act. [Wall Street Journal, 2/6/2008] Two days later, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).

Entity Tags: Michael Hayden, Abu Zubaida, Abd al-Rahim al-Nashiri, Al-Qaeda, Khalid Shaikh Mohammed, Mike McConnell, Senate Intelligence Committee, Michael Mukasey, Central Intelligence Agency, Office of the Director of National Intelligence, Richard (“Dick”) Durbin

Timeline Tags: Torture of US Captives

The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are:
bullet Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding.
bullet Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US.
bullet Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training.
bullet Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998).
bullet Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks.
bullet Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. [Independent, 2/12/2008] The charges against al-Khahtani are dropped several months later (see May 13, 2008).

Entity Tags: Vincent Warren, US Department of Defense, Khallad bin Attash, Daniel Pearl, Clive Stafford Smith, John McCain, Mohamed al-Khatani, Khalid Shaikh Mohammed, Thomas Hartmann, Center for Constitutional Rights, Ramzi Yousef, Ramzi bin al-Shibh, Bush administration (43), Mustafa Ahmed al-Hawsawi, Ali Abdul Aziz Ali, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Pakistan holds parliamentary elections, and opposition parties are the overwhelming winners. President Pervez Musharraf does not lose his presidency, as he was reelected by the National Assembly several months earlier (see October 6, 2007). However, his party, Pakistan Muslim League-Q (PML-Q), loses control of the National Assembly, enabling the opposition parties to select their own prime minister a short time later. Much power will now shift to the position of prime minister, which had been completely overshadowed by Musharraf and his presidency since he took power in a coup in 1999 (see October 12, 1999). The Pakistan People’s Party (PPP) wins 120 seats. The PPP was led by Benazir Bhutto until her recent assassination, and is now led by her husband, Asif Ali Zardari. The Pakistan Muslim League-N (PML-N), the party led by former primer minister Nawaz Sharif, gets 90. Musharraf’s PML-Q only wins 51 seats. Surprisingly, the Islamic parties are almost completely wiped out. The alliance of Islamic parties, the Muttahida Majlis-e-Amal (MMA), did well and won two provincial elections in the last election in 2002, but this time it only wins six seats. A secular and moderate party, the Awami National Party, wins in the North-West Frontier Province, taking control from the MMA and forming the new provincial government there. No single party holds a majority, but the PPP immediately announces a coalition with Sharif’s PML-N party, shutting Musharraf’s PML-Q party out. Musharraf once had 80 percent popularity ratings in polls, but after many recent controversial moves, including declaring a state of emergency for over a month to stay in power (see November 3-December 15, 2007), his popularity rating is down to about 20 percent. [Rashid, 2008, pp. 390-391] One month later, the coalition selects a relatively unknown figure, Yousaf Raza Gillani, to be the new prime minister (see March 22-25, 2008).

Entity Tags: Benazir Bhutto, Awami National Party, Pakistan People’s Party, Pervez Musharraf, Asif Ali Zardari, Muttahida Majlis-e-Amal, Pakistan Muslim League-Q, Pakistan Muslim League-N, Nawaz Sharif

Timeline Tags: Complete 911 Timeline

Attorney General Michael Mukasey and Director of National Intelligence Michael McConnell write to Silvestre Reyes, the Democratic chairman of the House Intelligence Committee, about their desire to see the Protect America Act renewed. In the letter, they mention the failure to exploit NSA intercepts of calls between the 9/11 hijackers in the US and al-Qaeda’s main global communications hub, which apparently had the potential to thwart the 9/11 plot (see Early 2000-Summer 2001). They write: “[O]ne of the September 11th hijackers communicated with a known overseas terrorist facility while he was living in the United States. Because that collection was conducted under Executive Order 12333, the intelligence community could not identify the domestic end of the communication prior to September 11, 2001, when it could have stopped that attack.” [US Department of Justice and Office of the Director of National Intelligence, 2/28/2008 pdf file] Executive Order 12333 became law in 1981 and governed general activities by the US intelligence community. [US President, 12/4/1981] The order did allow the NSA to disseminate information about US persons to law enforcement officials in the event of an impending terrorist act. [US Congress: House Permanent Select Committee on Intelligence, 4/12/2000] The letter does not give more detailed reasons why Mukasey and McConnell think the NSA could not have traced the calls and informed the FBI of the two hijackers’ presence in the US (see (Spring 2000)). [US Department of Justice and Office of the Director of National Intelligence, 2/28/2008 pdf file] Similar incorrect statements have been made by numerous intelligence officials since December 2005, when the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).

Entity Tags: National Security Agency, Michael Mukasey, Mike McConnell, Silvestre Reyes

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Joseph Margulies.Joseph Margulies. [Source: PBS]Joseph Margulies, a law professor at Northwestern University, and lawyer George Brent Mickum write of their plans to meet with Guantanamo detainee Abu Zubaida (see March 28, 2002) as part of his legal defense team. The lawyers write: “Zubaydah’s world became freezing rooms alternating with sweltering cells. Screaming noise replaced by endless silence. Blinding light followed by dark, underground chambers. Hours confined in contorted positions. And, as we recently learned, Zubaydah was subjected to waterboarding. We do not know what remains of his mind, and we will probably never know what he experienced.” What exactly the CIA did to Zubaida may never be determined, as the agency destroyed the videotapes of his interrogations (see Spring-Late 2002). Zubaida’s subsequent confessions to FBI agents are essentially meaningless, the lawyers assert, because his will and mind were already irrevocably broken by the time of the FBI interviews. The lawyers hope to piece together what Zubaida knew and what was done to him, although they are not confident they will be given the documentation necessary to find out what they want to know. They fear that, if they are not able to learn the truth of Zubaida’s participation with al-Qaeda and the interrogation methods he was subjected to, then in his and others’ cases, the truth will be “only what the administration reports it to be. We hope it has not come to that.” [Washington Post, 2/23/2008]

Entity Tags: Federal Bureau of Investigation, Osama bin Laden, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Joseph Margulies, George Brent Mickum

Timeline Tags: Torture of US Captives

Alleged al-Qaeda leader Muhammad Rahim al-Afghani is transferred to the US-run prison in Guantanamo, Cuba, and officially declared a “high value” prisoner. Rahim was captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007) and then was held in a secret CIA prison until his transfer to Guantanamo (see Late July 2007-March 14, 2008).
Why Is Rahim Considered Important? - Rahim is just the 16th person the US government has declared a “high value” prisoner. Fourteen prisoners were given that label when they were transferred from secret CIA prisons to Guantanamo in September 2006 (see September 6, 2006 and September 2-3, 2006). The 15th was Abd al-Hadi al-Iraqi, who was held by the CIA in autumn 2006 and sent to Guantanamo in April 2007 (see Autumn 2006-Late April 2007). [Los Angeles Times, 3/15/2008] Although there had been reports in Pakistan about Rahim shortly after his arrest, virtually nothing was known about him until his transfer to Guantanamo. [Asian News International, 8/2/2007] He may have experienced extreme sleep deprivation during CIA interrogations (see August and November 2007).
Hayden's Memo - There still are no published photographs of him. At the same time Rahim is sent to Guantanamo, CIA Director Michael Hayden issues a memo to CIA employees explaining Rahim’s alleged importance. Hayden calls Rahim a “tough, seasoned jihadist” with “high-level contacts,” and claims his arrest “was a blow to more than one terrorist network. He gave aid to al-Qaeda, the Taliban, and other anti-coalition militants.” According to Hayden, Rahim sought chemicals for an attack on US forces in Afghanistan and tried to recruit people who had access to US military facilities there. He helped prepare Tora Bora as a hideout in 2001, and then helped al-Qaeda operatives flee the area when US forces overran it in late 2001. But perhaps most importantly, Rahim had become one of Osama bin Laden’s most trusted facilitators and translators in the years prior to Rahim’s arrest. [Los Angeles Times, 3/15/2008; New York Times, 3/15/2008]

Entity Tags: Muhammad Rahim al-Afghani, Al-Qaeda, Abd al-Hadi al-Iraqi, Central Intelligence Agency, Osama bin Laden, Michael Hayden

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Attorney General Michael Mukasey makes an apparent reference to the intercepts of the 9/11 hijackers’ calls by the NSA before the attacks in a speech pleading for extra surveillance powers. Mukasey says: “[Officials] shouldn’t need a warrant when somebody with a phone in Iraq picks up a phone and calls somebody in the United States because that’s the call that we may really want to know about. And before 9/11, that’s the call that we didn’t know about. We knew that there has been a call from someplace that was known to be a safe house in Afghanistan and we knew that it came to the United States. We didn’t know precisely where it went.” [FORA(.tv), 3/27/2008; New York Sun, 3/28/2008] According to a Justice Department response to a query about the speech, this appears to be a reference to the Yemen hub, an al-Qaeda communications facility previously alluded to by Mukasey in a similar context (see February 22, 2008). [Salon, 4/4/2008] However, the hub was in Yemen, not Afghanistan and, although it acted as a safe house, it was primarily a communications hub (see Early 2000-Summer 2001). In addition, the NSA did not intercept one call between it and the 9/11 hijackers in the US, but several, involving both Khalid Almihdhar and Nawaf Alhazmi, not just one of the hijackers (see Spring-Summer 2000, Mid-October 2000-Summer 2001, and (August 2001)). Nevertheless, the NSA failed to inform the FBI the hub was calling the US (see (Spring 2000)). (Note: it is possible Mukasey is not talking about the Yemen hub in this speech, but some other intercept genuinely from an al-Qaeda safe house in Afghanistan—for example a call between lead hijacker Mohamed Atta in the US and alleged 9/11 mastermind Khalid Shaikh Mohammed, who may have been in Afghanistan when such call was intercepted by the NSA (see Summer 2001 and September 10, 2001). However, several administration officials have made references similar to Mukasey’s about the Yemen hub since the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).)

Entity Tags: Michael Mukasey

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

Some media outlets pick up on a claim made by Attorney General Michael Mukasey on March 27, 2008, when he said that the US intercepted a call to a 9/11 hijacker in the US from an al-Qaeda safe house in Afghanistan (see March 27, 2008). This was possibly a garbled reference to an al-Qaeda hub in Yemen (see Early 2000-Summer 2001) mentioned by several administration officials since the NSA’s warrantless wiretapping story was exposed (see December 17, 2005). The San Francisco Chronicle notes that Mukasey “did not explain why the government, if it knew of telephone calls from suspected foreign terrorists, hadn’t sought a wiretapping warrant from a court established by Congress to authorize terrorist surveillance, or hadn’t monitored all such calls without a warrant for 72 hours as allowed by law.” [San Francisco Chronicle, 3/28/2008] Salon commentator and former civil rights litigator Glenn Greenwald will attack Mukasey over the story, commenting, “These are multiple falsehoods here, and independently, this whole claim makes no sense.” [Salon, 3/29/2008; Salon, 4/4/2008]
9/11 Commission Comment - In response to a query from Greenwald, former 9/11 Commission executive director Philip Zelikow comments: “Not sure of course what [Mukasey] had in mind, although the most important signals intelligence leads related to our report… was not of this character. If, as he says, the [US government] didn’t know where the call went in the US, neither did we.” [Salon, 4/3/2008] (Note: the 9/11 Commission report may actually contain two cryptic references to what Mukasey is talking about (see Summer 2002-Summer 2004).) [9/11 Commission, 7/24/2004, pp. 87-88, 222] Former 9/11 Commission vice chairman Lee Hamilton initially refuses to comment, but later says: “I am unfamiliar with the telephone call that Attorney General Mukasey cited in his appearance in San Francisco on March 27. The 9/11 Commission did not receive any information pertaining to its occurrence.” [Salon, 4/3/2008; Salon, 4/8/2008]
Other Media - The topic will also be covered by Raw Story and mentioned by MSNBC host Keith Olbermann, who also attacks Mukasey: “What? The government knew about some phone call from a safe house in Afghanistan into the US about 9/11? Before 9/11?” He adds: “Either the attorney general just admitted that the government for which he works is guilty of malfeasant complicity in the 9/11 attacks, or he’s lying. I’m betting on lying.” [Raw Story, 4/1/2008; MSNBC, 4/1/2008; Raw Story, 4/3/2008] The story is also picked up by CBS commentator Kevin Drum, who appears to be unaware that information about some NSA intercepts of the hijackers’ calls was first made public by the Congressional Inquiry five years previously. However, Drum comments: “[T]his deserves some followup from the press. Mukasey has spoken about this in public, so if he’s claiming that FISA prevented us from intercepting a key call before 9/11 he also needs to defend that in public.” [CBS, 4/3/2008; CBS, 4/4/2008] A group of Congressmen also formally asks the Justice Department for an explanation of the matter (see April 3, 2008).

Entity Tags: Michael Mukasey, Kevin Drum, Lee Hamilton, Philip Zelikow, US Department of Justice, Glenn Greenwald, Keith Olbermann

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The American Civil Liberties Union learns of another Justice Department memo in a Freedom of Information Act (FOIA) response that produces a 2003 memo supporting the use of torture against terror suspects (see April 1, 2008). This 2001 memo (see October 23, 2001), says that the Constitution’s protections against unreasonable searches and seizures—fundamental Fourth Amendment rights—do not apply in the administration’s efforts to combat terrorism. The Bush administration now says it disavows that view.
Background - The memo was written by John Yoo, then the deputy assistant attorney general, and the same lawyer who wrote the 2003 torture memo. It was written at the request of the White House and addressed to then-Attorney General Alberto Gonzales. The administration wanted a legal opinion on its potential responses to terrorist activity. The 37-page memo itself has not yet been released, but was mentioned in a footnote of the March 2003 terror memo. “Our office recently concluded that the Fourth Amendment had no application to domestic military operations,” the footnote states, referring to a document titled “Authority for Use of Military Force to Combat Terrorist Activities Within the United States.”
Relationship to NSA Wiretapping Unclear - It is not clear exactly what domestic military operations the October memo covers, but federal documents indicate that the memo relates to the National Security Agency’s Terrorist Surveillance Program (TSP). The TSP began after the 9/11 attacks, allowing for warrantless wiretaps of phone calls and e-mails, until it stopped on January 17, 2007, when the administration once again began seeking surveillance warrants from the Foreign Intelligence Surveillance Court (see May 1, 2007). White House spokesman Tony Fratto says that the October 2001 memo is not the legal underpinning for the TSP. Fratto says, “TSP relied on a separate set of legal memoranda” outlined by the Justice Department in January 2006, a month after the program was revealed by the New York Times (see February 2001, After September 11, 2001, and December 15, 2005). Justice Department spokesman Brian Roehrkasse says department officials do not believe the October 2001 memo was about the TSP, but refuses to explain why it was included on FOIA requests for documents linked to the TSP.
No Longer Applicable - Roehrkasse says the administration no longer holds the views expressed in the October 2001 memo. “We disagree with the proposition that the Fourth Amendment has no application to domestic military operations,” he says. “Whether a particular search or seizure is reasonable under the Fourth Amendment requires consideration of the particular context and circumstances of the search.” The ACLU’s Jameel Jaffer is not mollified. “The recent disclosures underscore the Bush administration’s extraordinarily sweeping conception of executive power,” he says. “The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” He continues, “Each time one of these memos comes out you have to come up with a more extreme way to characterize it.” The ACLU has filed a court suit to challenge the government’s withholding of the memo. [Associated Press, 4/3/2008] Another civil rights group, the Electronic Frontier Foundation, joins the ACLU in challenging the memo (see April 2, 2008).

Entity Tags: Jameel Jaffer, Brian Roehrkasse, American Civil Liberties Union, Alberto R. Gonzales, Bush administration (43), Foreign Intelligence Surveillance Court, Terrorist Surveillance Program, US Department of Justice, John C. Yoo, Electronic Frontier Foundation, Tony Fratto

Timeline Tags: Civil Liberties

President Bush admits he knew about his National Security Council Principals Committee’s discussion and approval of harsh interrogation methods against certain terror suspects (see April 2002 and After). Earlier reports had noted that the Principals—a group of top White House officials led by then-National Security Adviser Condoleezza Rice—had deliberately kept Bush “out of the loop” in order for him to maintain “deniability.” Bush tells a reporter: “Well, we started to connect the dots in order to protect the American people. And yes, I’m aware our national security team met on this issue. And I approved.” Bush says that the news of those meetings to consider extreme interrogation methods was not “startling.” He admitted as far back as 2006 that such techniques were being used by the CIA (see September 6, 2006). But only now does the news of such direct involvement by Bush’s top officials become public knowledge. The Principals approved the waterboarding of several terror suspects, including Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003 and March 10, 2007); Bush defends the use of such extreme measures against Mohammed, saying: “We had legal opinions that enabled us to do it. And no, I didn’t have any problem at all trying to find out what Khalid Shaikh Mohammed knew.… I think it’s very important for the American people to understand who Khalid Shaikh Mohammed was. He was the person who ordered the suicide attack—I mean, the 9/11 attacks.” [ABC News, 4/11/2008] Bush’s admission is no surprise. The day before Bush makes his remarks, law professor Jonathan Turley said: “We really don’t have much of a question about the president’s role here. He’s never denied that he was fully informed of these measures. He, in fact, early on in his presidency—he seemed to brag that they were using harsh and tough methods. And I don’t think there’s any doubt that he was aware of this. The doubt is simply whether anybody cares enough to do anything about it.” [MSNBC, 4/10/2008]

Entity Tags: George W. Bush, Central Intelligence Agency, Condoleezza Rice, Jonathan Turley, National Security Council, Khalid Shaikh Mohammed

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

An Indonesian court officially declares Jemaah Islamiyah (JI) an illegal organization. JI is believed to be al-Qaeda’s main affiliate in Southeast Asia. The Indonesian government had previously refused to ban JI, even though it supported a United Nations ban on JI shortly after the 2002 Bali bombings (see October 12, 2002 and October 24, 2002). This court decision takes place during a trial of two high-ranking JI leaders, Zarkasih and Abu Dujana, both of whom were arrested the year before. Both are sentenced to 15 years in prison for supporting terrorist activities. Counterterrorism expert Rohan Gunaratna calls the decision “a huge victory against terrorism.” He adds: “This will have a direct impact on the leadership of JI, the most lethal terrorist group in Southeast Asia. Unless a terrorist was about to commit an attack, or had committed an attack, the Indonesian police couldn’t arrest them. Today if anyone is distributing propaganda and that person is linked to JI, that person can be arrested.” [Sydney Morning Herald, 4/22/2008]

Entity Tags: Zarkasih, Jemaah Islamiyah, Abu Dujana, Rohan Gunaratna

Timeline Tags: Complete 911 Timeline

Aden Hashi Ayro.Aden Hashi Ayro. [Source: Intelcenter / Associated Press]A US missile strike kills Aden Hashi Ayro, the alleged head of al-Qaeda’s operations in Somalia. Ayro and up to ten others are killed in the region of Dusamareeb, an area a few hundred miles north of the capital of Mogadishu. The strike is said to be the fifth US attack in Somalia since Ethiopia invaded Somalia in December 2006 with US support (see December 24, 2006-January 2007). Ayro is said to have attended an al-Qaeda training camp in Afghanistan in the late 1990s. Then he returned to Somalia in 2003 and quickly rose up the ranks of al-Shabab, the military arm of the Islamic Court Union. He is said to be in charge of al-Qaeda’s operations there, although he is not a formal member of al-Qaeda. He was reportedly behind the scattered deaths of some foreigners in Somalia between 2003 and 2005. But despite this death, in recent months militant groups such as al-Shabab have been gaining ground against Somalia’s weak transitional government and the occupying Ethiopian troops keeping it in power. [Washington Post, 5/1/2008; Time, 5/2/2008]

Entity Tags: Shabab, Islamic Courts Union, Aden Hashi Ayro

Timeline Tags: Complete 911 Timeline

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