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Context of 'September 28, 2006: Obama Criticizes Military Commissions Act'

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After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556.Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556. [Source: NPR]With the advent of the “Enlightenment,” many countries ban the practice of waterboarding, with at least one calling it “morally repugnant.” Waterboarding has been around since the 14th century, known variously as “water torture,” the “water cure,” or tormenta de toca, a phrase that refers to the thin piece of cloth placed over the victim’s mouth. Officials for the Spanish Inquisition were among those who waterboarded prisoners; the Inquisition, recognizing the potentially lethal effect of the practice, required a doctor to be present when a prisoner was waterboarded. Historian Henry Charles Lea, in his book A History of the Inquisition of Spain, will describe waterboarding as follows: “The patient strangled and gasped and suffocated and, at intervals, the toca was withdrawn and he was adjured to tell the truth. The severity of the infliction was measured by the number of jars [of water] consumed, sometimes reaching to six or eight.” Waterboarding actually refers to two separate interrogation techniques: one involving water being pumped directly into the stomach, and another that features the steady streaming of water into the throat. The first, according to author Darius Rejali, “creates intense pain. It feels like your organs are on fire.” The second will be the method later preferred by US interrogators, who will use it on suspected terrorists. This method is a form of “slow motion drowning” perfected by Dutch traders in the 17th century, when they used it against their British rivals in the East Indies. In 2007, reporter Eric Weiner will write: “[W]aterboarding has changed very little in the past 500 years. It still relies on the innate fear of drowning and suffocating to coerce confessions.” [National Public Radio, 11/3/2007]

Entity Tags: Darius Rejali, Spanish Inquisition, Henry Charles Lea, Eric Weiner

Timeline Tags: Torture of US Captives

US states begin outlawing abortions, which have been practiced legally in most societies for thousands of years; at the time of the adoption of the US Constitution, abortions before “quickening” (i.e. birth) were commonly performed. In 2010, the National Abortion Federation will explain: “The motivations for anti-abortion laws varied from state to state. One of the reasons included fears that the population would be dominated by the children of newly arriving immigrants, whose birth rates were higher than those of ‘native’ Anglo-Saxon women.” As medical procedures were developed to increase the safety of both births and abortions, medical doctors began attempting to legally exclude practicioners such as homeopaths, midwives, and apothecaries from performing abortions, in part due to legitimate medical concerns and in part to ensure that they collected the fees paid by clients for abortions. In the late 1800s, the newly formed American Medical Association (AMA) argues that abortion is both immoral and dangerous. By 1910, all but one state has criminalized abortion except where necessary, in a doctor’s judgment, to save the woman’s life. “Back-alley,” or “criminal” abortions become commonplace, often performed by untrained “practitioners” in dangerous and unsanitary conditions or by the women themselves; many women are unnecessarily killed or injured during these procedures. Though in the mid-1960s some states will begin liberalizing their abortion laws, it will not be until 1973 that abortion becomes legal throughout the United States (see January 22, 1973). [National Abortion Federation, 2010]

Entity Tags: American Medical Association, National Abortion Federation

Timeline Tags: US Health Care

President Abraham Lincoln, responding to a Confederate attack on Fort Sumter in South Carolina, does not wait for Congress to begin its next session to make his response. Instead, Lincoln, wielding powers that the Constitution does not grant him and without a formal declaration of war, drastically enlarges the Union’s army and navy, blockades Southern ports, spends money not appropriated by Congress, and arrests Northern citizens suspected of being Confederate sympathizers. All of these steps exceed his authority under the Constitution and under federal law. Lincoln addresses Congress as soon as it reconvenes, admitting that he has exceeded his authority (see 1787 and 1793), and refusing to argue that his actions are lawful based on any “prerogative of power” inherent to the presidency. Instead, he explains that he felt he had to respond immediately to the sudden crisis, and asks Congress to retroactively authorize his emergency actions. He says, “These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity, trusting then, as now, that Congress would readily ratify them.” Congress gives Lincoln the retroactive authorization he seeks. [Savage, 2007, pp. 16-17]

Entity Tags: Abraham Lincoln

Timeline Tags: Civil Liberties

Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

Koch Industries logo.Koch Industries logo. [Source: Koch Industries / Wikipedia]Oil magnate Fred Koch co-founds Wood River Oil and Refining Company, later renamed Koch Industries. The firm will grow to become one of the largest energy conglomerates in the US, and Koch will become an influential backer of right-wing politics. Koch is a virulent anti-Communist who will be one of the first members of the John Birch Society (JBS—see March 10, 1961 and December 2011), a far-right organization that reflects his hatred of Communism (he believes both the Republican and Democratic parties are irretrievably infilitrated by Communists) and opposes almost every aspect of governance in general. Koch will write glowingly of Italian dictator Benito Mussolini’s murderous suppression of Communists during World War II. Both Koch and the JBS have little use for minorities; of African-Americans, Koch will write, “The colored man looms large in the Communist plan to take over America,” and he will say that government welfare programs were designed to attract large numbers of blacks to the cities, where they would foment “a vicious race war.” In 1963, using language that reporter Jane Mayer will later say “prefigures the Tea Party’s talk of a secret socialist plot,” Koch will warn that Communists would “infiltrate the highest offices of government in the US until the president is a Communist, unknown to the rest of us.” Koch’s two sons, David and Charles, will have their father’s political views deeply ingrained into them (see August 30, 2010). In 2007, David Koch will tell a reporter: “He was constantly speaking to us children about what was wrong with government.… It’s something I grew up with—a fundamental point of view that big government was bad, and imposition of government controls on our lives and economic fortunes was not good.” Gus diZerega, once a close friend of Charles’s, will later say that the brothers transfer their father’s hatred of Communism to the US government, which they will come to view as a tyranny. DiZerega will write that the Kochs, like many other hard-right conservatives, redefine “socialism” as almost any form of government which taxes citizens and regulates businesses. [New Yorker, 8/30/2010]

Entity Tags: Jane Mayer, Fred Koch, Koch Industries, David Koch, Gus diZerega, John Birch Society, Charles Koch

Timeline Tags: Domestic Propaganda

President Roosevelt signs the US declaration of war with Japan.President Roosevelt signs the US declaration of war with Japan. [Source: Franklin D. Roosevelt Presidential Library and Museum]President Roosevelt, recognizing that Congress has the Constitutional authority to declare war (see 1787 and 1793), asks the legislature for a declaration of war against Japan in retaliation for the Japanese air attack against US naval forces at Pearl Harbor. Roosevelt calls the date of the Pearl Harbor attack, December 7, 1941, “a day which will live in infamy.” He says, “I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States and the Japanese Empire.” With a single exception—Representative Jeannette Rankin (R-MT)—every member of the House and Senate votes to authorize war against Japan. The next day, the US will declare war against Germany and Italy as well. [Savage, 2007, pp. 18; Franklin D. Roosevelt Library and Museum, 2/10/2008]

Entity Tags: Jeannette Rankin, Franklin Delano Roosevelt

Timeline Tags: Civil Liberties

Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal.Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal. [Source: Associated Press]Marine interrogator Major Sherwood F. Moran writes an informal memo for use by other interrogators. Moran is a legendary figure among Marines, renowned for his ability to coax information from the most reluctant or resistant Japanese captive, even during the height of battle, and often using his knowledge of, and respect for, Japanese culture to his advantage. His memo will remain relatively unknown outside the Marine Corps until the summer of 2003, when it will be included in the archives of the Marine Corps Interrogator Translator Teams Association. The memo, titled “Suggestions for Japanese Interpreters Based on Work in the Field,” is remarkable for its insistence that treating prisoners with humanity and respect works far better than “harsh” interrogation methods. Author Ulrich Straus, an expert on Japanese POWs held in US captivity during World War II, will later write that Moran “was a particularly effective interrogator because he treated each prisoner as another human rather than as the enemy.” In 2005, after the Abu Ghraib scandals become media fodder, military historian Stephen Budiansky will write: “Six months before the abuses at Abu Ghraib prison broke into public view, a small and fairly obscure private association of United States Marine Corps members posted on its Web site a document on how to get enemy POWs to talk. The document described a situation very similar to the one the United States faces in the insurgencies in Iraq and Afghanistan: a fanatical and implacable enemy, intense pressure to achieve quick results, a brutal war in which the old rules no longer seem to apply.… Moran, the report’s author, noted that despite the complexities and difficulties of dealing with an enemy from such a hostile and alien culture, some American interrogators consistently managed to extract useful information from prisoners. The successful interrogators all had one thing in common in the way they approached their subjects. They were nice to them. Moran was writing in 1943, and he was describing his own, already legendary methods of interrogating Japanese prisoners of war. More than a half century later his report remains something of a cult classic for military interrogators.” [David R. Moran, 2005]
Human-to-Human Attitude - Moran writes that the best interrogators (whom he says should consider themselves “interviewers”) become “wooers” of their captives, coaxing information rather than attempting to force confessions. Most important, Moran writes, is the interrogator’s attitude towards his prisoner. “Many people, I suppose, would on first thought think ‘attitude’ had nothing to do with it; that all one needs is a knowledge of the language, then shoot out questions, and expect and demand a reply,” he writes. “Of course that is a very unthinking and naive point of view.” Just as important, Moran writes, is a sympathy and understanding of the captive’s culture. A superior or demeaning attitude breeds nothing but antagonism and resistance.
Speaking the Language of the Captive - Almost as important, Moran notes, is the interrogator’s ability to speak directly to the captive in his own language, without the need for translators. An interrogator should speak the language fluently and idiomatically, or, when that is not possible, to at least have some command over common phrases. “After all, the first and most important victory for the interviewer to try to achieve is to get into the mind and into the heart of the person being interviewed,” he writes.
Hidden System - Fellow feelings and warm sympathy towards the captive are necessary, but not the entire package. While the captive, or an outside observer, might believe that the interrogator is merely indulging in friendly chit-chat, the interrogator must have an agenda and a plan in place at all times. “[I]n the workings of your mind you must be a model of system,” Moran says. “You must know exactly what information you want, and come back to it repeatedly. Don’t let your warm human interest, your genuine interest in the prisoner, cause you to be sidetracked by him! You should be hard-boiled but not half-baked. Deep human sympathy can go with a business-like, systematic, and ruthlessly persistent approach.”
Short-Circuiting Patriotic Defensiveness - To emphasize that your side, your nation, or your culture is superior—in essence, the “conquerors” of the captive’s military or his nation—is counterproductive, Moran writes. “To emphasize that we are enemies, to emphasize that he is in the presence of his conqueror, etc., puts him psychologically in the position of being on the defensive, and that because he is talking to a most-patient enemy and conqueror he has no right and desire to tell anything,” he writes.
Breaking Recalcitrant Prisoners - Sometimes even the best interrogators come up against recalcitrant prisoners who flatly refuse, for patriotic reasons or what Moran calls “conscientious scruples,” to give any information. In these cases, Moran writes, harsh or physical techniques of intelligence extraction are counterproductive. Instead, he writes, with his Japanese captives he is often able to shame the prisoner into cooperating. Reminding the captive that he has been treated humanely, has been treated with kindness and courtesy, implies a quid pro quo—not the threat of having this treatment withdrawn if cooperation is not forthcoming, but a matter of the captive returning the interrogator’s courtesy with information. [Moran, 7/17/1943 pdf file]

Entity Tags: US Marine Corps, Ulrich Straus, Stephen Budiansky, Sherwood F. Moran, Marine Corps Interrogator Translator Teams Association

Timeline Tags: Torture of US Captives

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Timeline Tags: Civil Liberties

The New World News, a British Moral Rearmament publication, prints what it calls the “Communist Rules for Revolution,” claiming that the “rules” were captured during a raid on a German Communist organization’s headquarters in Dusseldorf in 1919 by Allied forces during World War I, and published in the Bartlesville, Oklahoma (US) Examiner-Enterprise that same year. In 1946, the NWN writes, the attorney general of Florida, George A. Brautigam, obtained them from a known member of the Communist Party, who told him that the “Rules” were then still a part of the Communist program for the United States. According to the NWN, the “Rules” are as follows:
bullet Corrupt the young; get them away from religion. Get them interested in sex. Make them superficial; destroy their ruggedness.
bullet Get control of all means of publicity, thereby:
bullet Get people’s minds off their government by focusing their attention on athletics, sexy books, plays, and immoral movies.
bullet Divide the people into hostile groups by constantly harping on controversial matters of no importance.
bullet Destroy the people’s faith in their natural leaders by holding the latter up to contempt, ridicule, and obloquy.
bullet Always preach true democracy, but seize power as fast and as ruthlessly as possible.
bullet By encouraging government extravagance, destroy its credit, produce years of inflation with rising prices and general discontent.
bullet Incite unnecessary strikes in vital industries, encourage civil disorders, and foster a lenient and soft attitude on the part of government toward such disorders.
bullet Cause breakdown of the old moral values—honesty, sobriety, self-restraint, faith in the pledged word, ruggedness.
bullet Cause the registration of all firearms on some pretext, with a view to confiscating them and leaving the populace helpless.
The “Rules” are a hoax invented by NWN writers: there was no German Communist “Spartacist” headquarters in Dusseldorf, the Examiner-Enterprise never published such a document, and Russian experts at the University of Chicago will label them an “obvious fraud,” “an obvious fabrication,” and “an implausible concoction of American fears and phobias.” In 1970, the New York Times will investigate the document; no copies of it exist in the National Archives, the Library of Congress, or any of the university libraries it examines. Montana Senator Lee Metcalf (D-MT) will look into the document’s existence around the same time, and will learn that both the FBI and CIA have already investigated it and found it to be “completely spurious.” (Brautigam did endorse the “Rules,” and his statement and signature avowing the legitimacy of the “Rules” will give the document a veneer of legitimacy.) However, the “Rules” will continue to be used to claim that Communists are for a number of ideas unpopular among European and American conservatives, most frequently gun control and sex education. The National Rifle Association is one organization that frequently cites the “Rules” in its arguments against gun-control legislation, citing the Communists’ “secret plans” to “confiscate” Americans’ guns and thus “leav[e] the populace helpless.” American and British lawmakers regularly receive copies of the “Rules” in letters and faxes citing their opposition to gun control, sex education, support for labor, or other “Communist” ideals or entities. In 1992, University of Oklahoma political science professor John George and his co-author Laird Wilcox will write in their book Nazis, Communists, Klansmen, and Others on the Fringe, “Widely distributed since the mid-forties, the ‘rules’ have been trundled out at various times when they ‘fit’ or ‘explain’ the issues of the day, especially to argue against firearms control and sex education.” In April 1996, George will say: “These people [meaning far-right American extremists] would love for the document to be real. But it has been exposed again and again as a phony.” Folklorist Jan Harold Brunvand will write: “The rules have to do with dividing people into hostile groups, encouraging government extravagance, and fomenting unnecessary ‘strikes’ in vital industries. What we have lost, the list suggests, is a world without dissent, budget deficits, inflation, and labor unrest. I just can’t remember any such Golden Age.” [Stickney, 1996, pp. xx; Free Inquiry, 1999; Rosa Luxemburg, 2003; Snopes (.com), 7/10/2007]

Entity Tags: George A. Brautigam, John George, Jan Harold Brunvand, Lee Metcalf, Bartlesville Examiner-Enterprise, National Rifle Association, University of Chicago, Laird Wilcox, New York Times, New World News

Timeline Tags: Domestic Propaganda

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

Eugene Bullard being beaten by police officers and rioters.Eugene Bullard being beaten by police officers and rioters. [Source: Howard Fast]The second Peekskill concert, organized by left-wing activists and featuring African-American singer Paul Robeson (see September 4, 1949), takes place successfully after the first was disrupted by a large, angry mob (see August 27, 1949). But another mob has gathered, and though they are unsuccessful in stopping the concert from taking place, they are ready for the audience and participants at the concert’s end.
Rock Attacks, Roadblocks - The audience members, with many women and children in their ranks, attempt to leave, mostly by car, and are told by security guards to roll up their windows as they are driving out, as the mob is apparently throwing rocks and other missiles. (A New York Times reporter later writes of the large piles of stones piled up about every 20 feet down one road, apparently placed their ahead of time for use as missiles.) However, the long, slow procession of cars attempting to leave the venue is halted when a small group of police officers attack the cars, including the vehicle bearing Robeson. None of the cars’ occupants are injured, though many windshields are smashed and fenders beaten in. Novelist and concert organizer Howard Fast, driving his own car, turns onto a secondary road to attempt to leave the venue, but his car is assaulted by a knot of six or seven rock throwers, accompanied by two police officers who do not throw rocks. Fast believes the police officers are there to protect the assailants if any of the cars stops to launch a counterattack. Fast will later learn that all of the secondary roads have similar knots of rock-throwing people in place to inflict damage on cars; some are blocked by piles of logs and boulders. He drives through several such ambushes, but he and the people with him escape injury.
145 Reported Injuries - Others are not so lucky; many people, including women and children, are seriously injured by rocks and broken glass. One concert goer, Eugene Bullard, is spat upon by a veteran and spits back; he is thrown to the ground and badly beaten by a group of police officers. Afterwards, Fast will report, the area hospitals quickly fill up with victims of the barrages, “the blinded, the bleeding and the wounded, the cut, lacerated faces, the fractured skulls, the infants with glass in their eyes, the men and women trampled and beaten, the Negroes beaten and mutilated, all the terribly hurt who had come to listen to music.” A union trademan, Sidney Marcus, is wounded so badly by a rock to the face that he requires weeks of reconstructive surgery. Fast later learns that approximately a thousand union workers had chosen to stay behind as something of a “rear guard” to protect the last of the audience members; they were assaulted by a combination of mob members and police officers, badly beaten, and threatened with incarceration. (Twenty-five were indeed arrested and taken away.) For Fast, the night ends when he returns to the area to look for a group of stranded audience members, and is shot at. He does not find the stranded people. The final tally is 145 concert-goers injured. [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982; National Public Radio, 9/5/1999]
Arrests and Lawsuits - Twelve protesters are arrested; five later plead guilty to minor offenses. No one among the concert-goers and “Robesonites” is arrested. Author Roger Williams will later write: “As the victims of the violence they were hardly subject to arrest, except that the prevailing local attitude held them guilty of provoking the attacks made upon them. As the Peekskill mayor, John N. Schneider, put it, the responsibility ‘rests solely on the Robesonites, as they insisted on coming to a community where they weren’t wanted.’” Numerous civil lawsuits will be filed on behalf of groups of victims; none will be successful.
History Professor: Peekskill Becomes an 'Endorsement of ... Persecution' - Much later, history professor James Shenton will say, “Peekskill opened up what was to become extensive public endorsement of the prosecution and persecution of so-called Communists.”
Trying to Forget - Years later, the memory of the riots still haunts the area and intimidates many residents, according to Williams’s 1976 report. Residents refuse to discuss the riots, some for fear of reprisals even decades later. Williams will recount the story of one high school teacher, Anne Plunkett, who was amazed that her children knew nothing of the riots, even though some of them were the children of participants. But when she assigns her students the riots as an optional class project, as Plunkett will recall: “The first time, librarians wouldn’t give the kids access to the back newspapers. The next time, I was called to the principal’s office and told that parents had been telephoning to complain about my ‘upsetting and exciting the children unnecessarily.’” [American Heritage, 3/1976]

Entity Tags: Roger Williams, Sidney Marcus, John N. Schneider, James Shenton, Howard Fast, Eugene Bullard, Anne Plunkett, Paul Robeson

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The first “Zippe-type” gas centrifuge, named after one of its main developers, German scientist Gernot Zippe, is produced. The centrifuge uses duralumin rotors. Centrifuge rotors are thin-walled tubes that spin at high speeds producing enriched uranium 235. Centrifuge rotors are highly sensitive and must be made from specialized high-strength material. [Albright, 10/9/2003]

Entity Tags: Gernot Zippe

Timeline Tags: Events Leading to Iraq Invasion

President Harry Truman, without the approval of Congress, sends US troops to fight in the Korean War. Unlike his predecessor (see December 8, 1941), Truman asserts that he has the inherent right to do so as the commander in chief (see 1787 and 1793). Truman bases his decision in part on a UN Security Council resolution passed three days before—at the US’s behest—approving military aid to South Korea, which was invaded by North Korean troops on June 25. In 2007, reporter and author Charlie Savage will write: “But the permission of foreign states was irrelevant to the domestic legal issue of who got to decide whether the United States would go to war. No president had ever before launched anything on the scale of the Korean War without prior permission from Congress, as the Constitution requires.” Savage will explain why Congress allows Truman to usurp its prerogatives: “[M]embers of Congress, eager to appear tough against Communism and to support a war effort, did nothing to block Truman.” [Savage, 2007, pp. 19; Truman Library, 3/2008]

Entity Tags: Harry S. Truman, United Nations Security Council, Charlie Savage

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Arthur Porth, a Wichita, Kansas, building contractor, files a claim in a Kansas court to recover his income tax payment of $151. Porth argues that the 16th Amendment is unconstitutional because it places the taxpayer in a position of involuntary servitude contrary to the 13th Amendment. The court rules against Porth, but the defeat does not stop him. For 16 years Porth continues battling the income tax requirement, finding new and inventive challenges to the practice. He claims that the 16th Amendment “put[s] Americans into economic bondage to the international bankers,” a claim that the Southern Poverty Law Center will call “a thinly veiled anti-Semitic reference to the supposed ‘international Jewish banking conspiracy.’” He also argues that because paper money is not backed by gold or silver, taxpayers are not obligated to pay their taxes because “Federal Reserve notes are not dollars.” In 1961, Porth files an income tax return that is blank except for a statement declaring that he is pleading the Fifth Amendment, essentially claiming that filling out a tax return violates his right of protection from self-incrimination, a scheme that quickly becomes popular among anti-tax protesters. Porth becomes an activist and garners something of a following among right-wing audiences, traveling around the country distributing tax protest literature that includes a book, A Manual for Those Who Think That They Must Pay an Income Tax. He even issues his own “arrest warrants” against “bureaucrats” whom, in his view, violate the Constitution. In 1967, Porth is convicted of a number of tax evasion charges, but, as the Anti-Defamation League will later write, “he had already become a grass-roots hero to the nascent tax protest movement.” His cause is championed by, among others, William Potter Gale, who will go on to found the racist, anti-government Posse Comitatus movement (see 1969). Gale uses the newsletter of his Ministry of Christ Church, a church espousing the racist and anti-Semitic theology of Christian Identity (see 1960s and After), to promote Porth and the early tax rebellion movement. Porth exhausts his appeals and goes to jail; though sentenced to five years’ imprisonment, he only serves 77 days. One of Porth’s most active followers is his lawyer, Jerome Daly, whose activism eventually leads to his disbarment (see December 9, 1968 and After). Daly meets Porth in 1965 and files his own “protest” tax return just days before Porth is indicted by a grand jury. Daly is also convicted of tax evasion; in 1969, a federal appeals court will issue a ruling invalidating what has by then become known as the “Porth-Daly Fifth Amendment Return.” Porth receives the support of several far-right organizations, many of whom tie their racist views into his anti-tax protests. In a 1967 article for the far-right American Mercury magazine, tax protester and editor Martin A. Larson writes, “The negroes in the United States are increasing at a rate at least twice as great as the rest of the population,” and warns that the tax burden posed by blacks “unquestionably doomed… the American way of life.” Larson will later write regular columns for the white supremacist magazine The Spotlight, in which he will call black women prostitutes whose “offspring run wild in the streets, free to forage their food in garbage cans, and grow up to become permanent reliefers, criminals, rioters, looters, and, in turn, breeders of huge litters of additional human beings belonging to the same category.” He will also write several books promoting Porth’s anti-tax protest strategies. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]

Entity Tags: William Potter Gale, Arthur Porth, Jerome Daly, Martin A. Larson, Southern Poverty Law Center, US Federal Reserve

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Senator Strom Thurmond (right) supervises the typing of an early draft of the document that will come to be known as the ‘Southern Manifesto.’Senator Strom Thurmond (right) supervises the typing of an early draft of the document that will come to be known as the ‘Southern Manifesto.’ [Source: Strom Thurmond Institute]A hundred and one congressmen, mostly conservative Southern Democrats, sign a document forwarded to President Eisenhower that becomes known as the “Southern Manifesto.” The document, formally entitled “The Declaration of Constitutional Principles,” is prompted by the recent Brown v. Board of Education of Topeka Supreme Court decision mandating the desegregation of American public schools, and is designed to pressure wavering Southern lawmakers into defying the Court’s decision as part of what researcher Tony Badger will later call “the massive resistance strategy so passionately advocated by the conservatives.” It is read aloud on the floor of the Senate by Walter George (D-GA), and was originally conceived by Senator Strom Thurmond (D-SC) with the assistance of his colleague Harry Byrd (D-VA), though the final version was tempered by a rewrite overseen by Senator Richard Russell (D-GA). The “Manifesto” declares that in certain instances, states are free to ignore federal laws and court decisions such as Brown v. Board. The document declares the Court decision an attempt to “substitute naked power for established law,” calls it “a clear abuse of judicial power,” and says that the states can and must defy the Court’s decision in the interest of establishing the rights of the states against the federal government. The principle of “separate but equal” treatment of white and black Americans, codified in an 1849 case and upheld by the 1896 Court decision in Plessy v. Ferguson, is, the signers state, “the established law of the land” and cannot be overturned by the current Court. It is up to the states, not the federal government, to determine if and when they will desegregate their separate school systems. Far from mandating equal treatment, the signers state, the Brown decision “destroys the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races,” and “has planted hatred and suspicion where there has been heretofore friendship and understanding.” The “judicial encroachment” of the decision must be resisted by “any lawful means,” they write. The signers conclude, “Even though we constitute a minority in the present Congress, we have full faith that a majority of the American people believe in the dual system of government which has enabled us to achieve our greatness and will in time demand that the reserved rights of the States and of the people be made secure against judicial usurpation,” and ask their supporters not to give in to the “agitators” determined to sow chaos and disorder in the name of desegregation. [US Senate, 3/12/1956; Time, 3/26/1956; Badger, 4/1997]
Disparate Group of Non-Signers - Cambridge University scholar Tony Badger will later write of the Southern lawmakers who refuse to sign the document, “The evidence from Texas, Tennessee, Florida, and North Carolina highlights the diversity of political opinion among the non-signers—from New Deal liberal to right-wing Republican ideologue—and the disparate sources for their racial moderation—national political ambitions, party loyalty, experience in the Second World War, Cold War fears, religious belief, and an urban political base.” [Badger, 4/1997]
Thurmond Calls NAACP 'Professional Racist Agitators,' Says Southern Whites Are Nation's 'Greatest Minority' - After the reading, Thurmond delivers a far less measured television address, calling the organization that brought the original lawsuit, the NAACP, a group of “professional racist agitators” and saying: “All of us have heard a great deal of talk about the persecution of minority groups. The white people of the South are the greatest minority in this nation. They deserve consideration and understanding instead of the persecution of twisted propaganda.” After his speech, one Georgia woman praises Thurmond’s “courage and wisdom,” and asks: “Wouldn’t it be possible to remove much of the Negro population from the South? I sincerely wish that this might be done, and would be glad to even contribute personally to the expense of such a plan.” [Cohodas, 1993, pp. 284-300]
Counterattack in Congress - In the following days, a succession of Northern Democrats lambast the manifesto on the Senate and House floor, and none of the signatories rise to speak in its defense. Wayne Morse (D-OR) says the document advocates nothing less than the “nullification” of the federal government, and if taken to its logical conclusion, the dissolution of the United States into 50 disparate entities. “If the gentlemen from the South really want to take such action,” he says, “let them propose a constitutional amendment that will deny to the colored people of the country equality of rights under the Constitution, and see how far they will get with the American people.” [Time, 3/26/1956; Cohodas, 1993, pp. 284-300] One Southern senator says shortly after its reading, “Now, if these Northerners won’t attack us and get mad and force us to close ranks, most of us will forget the whole thing and maybe we can pretty soon pretend it never happened.” [Time, 3/26/1956] The “Manifesto” heralds a split in the Democratic Party, between conservative, segregationist “Dixiecrat” Southerners and the moderate-to-liberal remainder of the party’s lawmakers. Thurmond will lead an exodus of the segregationists from the Democratic Party to the Republican Party shortly thereafter. [Cohodas, 1993, pp. 284-300]

Entity Tags: Richard Russell, Jr, Walter George, Tony Badger, Harry Byrd, Dwight Eisenhower, Strom Thurmond, Wayne Morse

Timeline Tags: Domestic Propaganda

In the case of United States v. Auto Workers, the Supreme Court reverses a lower court’s dismissal of an indictment against a labor union accused of violating federal laws prohibiting corporations and labor unions from making contributions or expenditures in federal elections (see June 23, 1947). Justice Felix Frankfurter writes the majority opinion; Chief Justice Earl Warren and Justices William O. Douglas and Hugo Black dissent. In a 5-3 decision, the Court finds the International Union United Automobile, Aircraft, and Agricultural Implement Workers of America liable for its practice of using union dues to sponsor television commercials relating to the 1954 Congressional elections. [UNITED STATES v. AUTO. WORKERS, 2011; Moneyocracy, 2/2012] Law professor Allison R. Hayward will later write that in her opinion the Court finding created “a fable of campaign finance reform… dictated by political opportunism. Politicians used reform to exploit public sentiment and reduce rivals’ access to financial resources.… [J]udges should closely examine campaign finance regulation and look for the improper use of legislation for political gain instead of simply deferring to Congress. Undue deference to the Auto Workers fable of reform could lead to punishment for the exercise of political rights. Correcting the history is thus essential to restoring proper checks on campaign finance legislation.” Hayward will argue that Frankfurter used a timeline of Congressional efforts to curb and reform campaign finance practices as an excuse to allow powerful political interests to exert restrictions on political opponents with less access to large election finance contributions. The case is used uncritically, and sometimes unfairly, to influence later campaign reform efforts, Hayward will argue. [Hayward, 6/17/2008 pdf file]

Entity Tags: US Supreme Court, Earl Warren, Allison R. Hayward, Felix Frankfurter, International Union United Automobile, Aircraft, and Agricultural Implement Workers of America, William O. Douglas, Hugo Black

Timeline Tags: Civil Liberties

One of a number of semi-official ‘Christian Identity’ logos.One of a number of semi-official ‘Christian Identity’ logos. [Source: KingIdentity (.com)]The “Christian Identity” theology, formerly a fairly benign expression of what is known as “British-Israelism” or “Anglo-Israelism,” begins to spread throughout the US and Canada, particularly on the west coasts of these nations. This belief holds that white Americans and Canadians are the real descendants of the Biblical tribes of Israel. In 2003, author Nicole Nichols, an expert on far-right racist and religious groups in America, will define the concept of “Christian Identity” as practiced by many white supremacist and separatist groups. Christian Identity is not an organization, she will write, but an ideology that many organizations have adopted in some form or fashion. Christian Identity “elevates white supremacy and separatism to a Godly ideal,” she will write, calling it “the ideological fuel that fires much of the activity of the racist far right.” According to Christian Identity theology, Jews are neither the “true Israelites” nor the true “chosen people” of God; instead, Christian Identity proponents claim, Jews are descended from an Asiatic people known as the Khazars, who settled near the Black Sea during the Middle Ages. [Nicole Nichols, 2003; Anti-Defamation League, 2005; Ontario Consultants on Religious Tolerance, 5/30/2006] In 2005, the Ontario Consultants on Religious Tolerance will write, “Followers tend to be involved in political movements opposing gun control, equal rights to gays and lesbians, and militia movements,” and quote Michael Barkun, an expert on radical-right groups, as saying, “This virulent racist and anti-Semitic theology… is prevalent among many right-wing extremist groups and has been called the ‘glue’ of the racist right.” [Ontario Consultants on Religious Tolerance, 5/30/2006]
Beginnings; 'The Protocols of the Elders of Zion' - In the 1920s, William J. Cameron, editor of the Dearborn Independent weekly newspaper, popularized the anti-Semitic hoax manuscript called “The Protocols of the Elders of Zion,” which purported to detail the “secret teachings” of Judaism, including the planned takeover of the world’s governments, the subjugation of non-Semitic races, and the bizarre, cannibalistic rituals supposedly practiced by Jews. [Anti-Defamation League, 2005]
Wesley Swift and 'Mud People' - In the 1940s, a former Methodist minister, Wesley Swift, started his own church, later known as the Church of Jesus Christ Christian. Swift had deep ties to a number of radical right-wing groups including the Ku Klux Klan; Swift and his associates set the stage for the mutation of the Christian Identity into a loosely organized set of virulently anti-Semitic, racist belief systems that will come to be grouped together under the “Christian Identity” rubric. Swift himself taught that only the white race was created in the form of God, while Asian and African races were created from the “beasts of the fields,” and thusly are subhuman creations. In Swift’s version of Genesis, Eve, the wife of the first “true” man Adam, was seduced by The Serpent, who masqeueraded as a white man. Eve bore a son, Cain, who is the actual father of the Jewish people. This reinterpretation, sometimes called the “two-seed” or “seedliner” theory, supports the Christian Identity propensity to demonize Jews, whom Swift and others labeled the “spawn of Satan.” Today’s white Europeans and their American and Canadian descendants, Swift taught, are descended from the “true son” of Adam and Eve, Abel, and are the actual “chosen people” of God. Some Christian Identity adherents go even farther, claiming that subhuman “pre-Adamic” races existed and “spawned” the non-white races of the world, which they label “mud people.” [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Permeates Racist, Far-Right Groups - By the 1960s, a new group of Christian Identity leaders emerges to spread the Identity theology through the radical, racist right in America and Canada, popularizing the once-obscure ideology. Most prominent among them are three disciples of Swift: James K. Warner, William Potter Gale, and Richard Butler. Warner, who will move to Louisiana and play a leading role in the fight against civil rights, founds the Christian Defense League and the New Christian Crusade Church. Gale, an early leader of the Christian Defense League and its paramilitary arm, the California Rangers, goes on to found the Posse Comitatus (see 1969), the group that will help bring about the sovereign citizen movement. Gale will later found the Committee of the States and serve as the “chief of staff” of its “unorganized militia.” Butler moves Swift’s Church of Jesus Christ Christian to Idaho and recasts it as the neo-Nazi group Aryan Nations (see Early 1970s). Under the leadership of Butler, Gale, Warner, and others, Christian Identity soon permeates most of the major far-right movements, including the Klan and a racist “skinhead” organization known as the Hammerskins. It also penetrates many extreme anti-government activist groups. The Anti-Defamation League will write, “The resurgence of right-wing extremism in the 1990s following the Ruby Ridge (see August 31, 1992) and Waco standoffs (see April 19, 1993) further spread Identity beliefs.” [Anti-Defamation League, 2005] Nichols will write: “Christian Identity enclaves provide a trail of safe havens for movement activists, stretching from Hayden Lake in northern Idaho (the Aryan Nations stronghold) to Elohim City on the Oklahoma/Arkansas border (see 1973 and After). Many white supremacists on the run from federal authorities have found shelter and support from Christian Identity followers.” Some organizations such as the Montana Militia are headed by Identity adherents, but do not as a group promote the theology. [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Bringing Forth the Apocalypse - Many Christian Identity adherents believe that the Biblical Apocalypse—the end of the world as it is currently known and the final ascendancy of select Christians over all others—is coming soon. Unlike some Christians, Identity adherents do not generally believe in the “rapture,” or the ascendancy of “saved” Christians to Heaven before the Apocalypse ensues; instead, Identity followers believe Jesus Christ will return to Earth only after the time of the “Tribulation,” a great battle between good and evil, which will set the stage for the return of Christ and the final transformation of the world. Identity followers believe it is their duty to prepare for the Apocalypse, and some believe it is their duty to help bring it about. They tend to cast the Apocalypse in racial terms—whites vs. nonwhites. Identity adherents believe that worldly institutions will collapse during the “end times,” and therefore tend to distrust such institutions, making Identity theology appealing to anti-government ideologies of groups such as militia, “Patriot,” and sovereign citizens groups. [Anti-Defamation League, 2005]
21st Century Identity - In the 21st century, Christian Identity groups are strongest in the Pacific Northwest of America and Canada, and the US Midwest, though Identity churches can be found throughout the US and in other parts of Canada. Identity churches also exist in, among other nations, Ireland, Great Britain, Australia, and South Africa (see June 25, 2003). The Anti-Defamation League will write: “Yet while spread far it is also spread thin. Estimates of the total number of believers in North America vary from a low of 25,000 to a high of 50,000; the true number is probably closer to the low end of the scale. Given this relatively small following, its extensive penetration of the far right is all the more remarkable.” [Anti-Defamation League, 2005]
Identity Violence - Identity adherents commit a number of violent acts, often against government and/or financial institutions, in an outsized proportion to their small numbers. In 1983, Identity adherent Gordon Kahl kills two US Marshals who attempt to arrest him on a parole violation, and kills an Arkansas sheriff before finally being gunned down by authorities (see February 13, 1983 and After). The white supremacist terrorist group The Order (see Late September 1983) contains a number of Identity members, including David Tate, who kills a Missouri Highway Patrol officer while attempting to flee to an Identity survivalist compound (see April 15, 1985). During the 1980s, small Identity groups such as The New Order (or The Order II) and the Arizona Patriots commit bombings and armored car robberies. After the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Identity minister Willie Ray Lampley attempts a number of bombings (see November 9, 1995). In 1996, the Montana Freeman, led by Identity members, “stands off” federal authorities for 81 days (see March 25, 1996). Between 1996 and 1998, Eric Robert Rudolph, who has connections to Identity ministers such as Nord Davis and Dan Gayman, bombs an Atlanta gay bar (see February 21, 1997), several abortion clinics (see October 14, 1998), and the Atlanta Summer Olympics (see July 27, 1996 and After). In 1999, Identity member and former Aryan Nations security guard Buford Furrow goes on a shooting spree at a Jewish community center in Los Angeles (see August 10, 1999). [Anti-Defamation League, 2005]

The CIA’s Technical Services Division (TSD) considers plans to undermine Fidel Castro’s charismatic appeal by sabotaging his speeches. At one point, there is discussion of spraying Castro’s broadcasting studio with a hallucinogenic chemical. The plan is taken of the shelf because the chemical is deemed unreliable. During this period, the TSD laces a box of cigars with a chemical that would produce temporary disorientation, hoping that he will smoke one of the cigars before giving a speech. In another instance, the TSD comes up with a scheme to dust Castro’s shoes with thallium salts during a trip outside of Cuba. The salts would cause his beard to fall out. The plan is abandoned when Castro cancels the trip. [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, Technical Services Division (TSD)

Timeline Tags: US-Cuba (1959-2005)

The CIA works with a high-level Cuban official, codenamed “AM/LASH,” on a plan to assassinate Fidel Castro and overthrow his government. In June 1965, the CIA ends its contact with AM/LASH and his associates, citing security concerns. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Timeline Tags: US-Cuba (1959-2005)

A Time magazine profile lambasts the racist, anti-Communist John Birch Society (JBS—see December 2011), in what is many Americans’ first exposure to the group. It delineates the organization’s penchant for secrecy, its domination by its “dictatorial” leader, Robert Welch, and its hardline battle against almost every element of the federal government as “agents of Communism.” Forty to 60 percent of the federal government is controlled by Communism, the JBS believes. Time calls the organization “a tiresome, comic-opera joke” that nonetheless has cells in 35 states and an ever-widening influence. In Wichita, Kansas, JBS student members are trained to inform their cell leaders of “Communist” influences they may detect in their classroom lectures, and the offending teacher is berated by parents. A Wichita businessman who wanted to give a donation to the University of Wichita decided not to donate after being hounded by local JBS members, who wanted the university to fire professors and remove selected books from its library. “My business would be wrecked,” the businessman explains, “if those people got on the phone and kept on yelling that I am a Communist because I give money to the school.” Nashville, Tennessee, JBS members organize community members to verbally attack neighbors whom they suspect of Communist affiliations. JBS’s current priority, Time writes, is to bring about the impeachment of Chief Justice Earl Warren. Welch, who obtained his wealth from his brother’s candymaking business, believes that Social Security and the federal income tax are all part of the “creeping socialism” that is taking over the federal government. He retired from the business in 1957 and founded the JBS shortly thereafter, naming it for a US Navy captain killed by Chinese Communist guerrillas after the end of World War II. Welch’s seminal tract, “The Politician,” accuses President Eisenhower and his brother Milton Eisenhower of being Communist plants, and accuses both men of treason against the nation. [Time, 3/10/1961]

Entity Tags: Milton Eisenhower, John Birch Society, Time magazine, Dwight Eisenhower, Robert Welch, Earl Warren

Timeline Tags: Domestic Propaganda

The CIA’s Task Force W devises two plans to assassinate Fidel Castro. The first one, involving an exploding sea shell that would be placed where Castro regularly dives, is dismissed by the CIA’s Technical Services Division (TSD) as impractical. In the second plan, James Donovan (who has been negotiating with Castro for the release of prisoners taken during the Bay of Pigs operation) would present Castro with a contaminated diving suit. TSD decides to give the plan a try. It purchases a diving suit and laces its breathing apparatus with tubercule bacillus. The suit itself is dusted with a fungus that is known to cause a chronic skin disease. But the suit never leaves the laboratory. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Entity Tags: Technical Services Division (TSD), James Donovan, Fidel Castro

Timeline Tags: US-Cuba (1959-2005)

Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade.Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade. [Source: Spartacus Schoolnet (.com)]The John Birch Society (JBS—see March 10, 1961 and December 2011), an anti-Communist organization that embraces racist and white supremacist ideologies, distrubutes posters throughout Dallas accusing President Kennedy of committing treason against the United States. The poster distribution is timed to coincide with Kennedy’s visit to Dallas, where he is scheduled to drive through the city in a motorcade on November 22. Kennedy will be assassinated during that motorcade. The poster, designed to appear as a “Wanted” notice, enumerates the following “charges” against Kennedy:
bullet “Betraying the Constitution (which he swore to uphold). He is turning the sovereignty of the US over to the Communist controlled United Nations. He is betraying our friends (Cuba, Katanga, Portugal) and befriending our enemies (Russia, Yugoslavia, Poland).”
bullet “He has been WRONG on innumerable issues affecting the security of the US (United Nations, Berlin Wall, Missile Removal, Cuba, Wheat deals, Test Ban Treaty, etc.).”
bullet “He has been lax in enforcing the Communist Registration laws.”
bullet “He has given support and encouragement to the Communist-inspired racial riots.”
bullet “He has illegally invaded a sovereign State with federal troops.”
bullet “He has consistently appointed Anti-Christians to Federal office. Upholds the Supreme Court in Anti-Christian rulings. Aliens and known Communists abound in Federal offices.”
bullet “He has been caught in fantastic LIES to the American people (including personal ones like his previous marriage and divorce).” [Spartacus Schoolnet, 2008]

Entity Tags: John F. Kennedy, United Nations, John Birch Society

Timeline Tags: Domestic Propaganda

The US and Britain secretly agree to make the British Indian Ocean Territory (BIOT) available “for the defense purposes of both Governments as they may arise” for a period of 50 years, and thereafter for 20 years during which time either government will have the right to terminate the agreement. [US Department of State, 12/30/1966; United Kingdom, 12/30/1966; Guardian, 9/1/2000; BBC, 1/10/2001; BBC, 11/11/2004]

Entity Tags: David Kirkpatrick Este Bruce, George T. Churchill

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Timeline Tags: Civil Liberties

The NSA launches the first of seven satellites, code-named “Canyon,” that can pick up various types of voice and data traffic from Earth orbit. Canyon will lead to a more sophisticated satellite intelligence system, code-named “Rhyolite” (later “Aquacade”—see Early 1970s). [Federation of American Scientists, 7/17/1997]

Entity Tags: Rhyolite, National Security Agency, Canyon

Timeline Tags: Civil Liberties

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

The logo of the Posse Comitatus.The logo of the Posse Comitatus. [Source: Underground News Network]The Posse Comitatus, an anti-Semitic, right-wing “Christian Identity” organization (see 1960s and After), is founded by retired dry-cleaning executive Henry L. Beach in Portland, Oregon, who calls his organization the Sherriff’s Posse Comitatus (SPC) or Citizen’s Law Enforcement Research Committee (CLERC). Beach has supported Nazism since the 1930s, and formerly led a neo-Nazi organization called the Silver Shirts (see January 31, 1933). The Posse Comitatus is quickly taken over by William Potter Gale, a retired Army colonel who founded a similar organization called the US Christian Posse Association in Glendale, California, and manages to roll the two groups, and a few other loosely organized entities, into one. The Posse Comitatus dedicates itself to survivalism, vigilantism, and anti-government activities; its bylaws state that no federal or state governmental entity has any legal standing, and only county and town governments are legitimate. Furthermore, the organization believes that the entire federal government is controlled by Jews, and as such has no authority over whites. Beach’s original Posse manual states, “[O]fficials of government who commit criminal acts or who violate their oath of office… shall be removed by the posse to the most populated intersection of streets in the township and, at high noon, be hung by the neck, the body remaining until sundown as an example to those who would subvert the law.” According to a 1986 advisory published by the IRS, “members associated with some of the Posse groups wear tiny gold hangmen’s nooses on their lapels.” Posse members refuse to pay taxes whenever they can get away with it, and ignore laws that they feel cannot be enforced by “the enemy.” Instead, they claim to abide by a “common law,” defined as a set of principles that they themselves create and change at will. The organization begins making inroads into the farm communities of the Northwest and Upper Midwest after federal mismanagement of agricultural policies threatens the livelihood of many area farmers; the Posse tells them, “Farmers are victims of a Jewish-controlled government and banking system, federal taxes are illegal and loans need not be repaid.” Some area farmers embrace the message, and the Posse begins heavily recruiting in Michigan. [Ian Geldard, 2/19/1995; Nicole Nichols, 2003]
Anti-Government, Anti-Tax Ideology - The Posse Comitatus believes that the federal and state governments are inherently illegal and have no authority whatsoever; the highest elected official of the land, it says, is the county sheriff, who can form juries and call out “posses” of citizens to enforce the law as necessary. The movement strongly opposes paying taxes, particularly to the Internal Revenue Service (IRS), and considers money issued by the Federal Reserve System as illegal. It says that the Constitution’s 16th Amendment, which gave Congress the right to tax citizens’ incomes, was illegally ratified and therefore unconstitutional; moreover, it says, careful examination of federal law tells it that income taxes are entirely voluntary. The Federal Reserve System is, as one Posse publication puts it, “a private monopoly which neither the people nor the states authorized in the Constitution.” The Federal Reserve’s printed money violates the Constitution. Some, but not all, Posse Comitatus members also express racist and separatist views similar to those of Christian Identity believers (see 1960s and After); these members say that the Federal Reserve is controlled by a small cabal of international Jewish bankers who intend to destroy the American economy. [Mark Pitcavage, 5/6/1996; US Constitution: Sixteenth Amendment, 2011; Anti-Defamation League, 2011] Posse Comitatus members use the threat of violence, and sometimes actual violence, to express their anti-tax and anti-government ideologies (see 1972 and 1974).
Township Movement - The Posse spawns a directly related ideology, the “township movement,” led in part by Utah resident Walt P. Mann. Township advocates advocate setting up small sovereign communities that are answerable only to themselves. The Posse will set up a “constitutional township” on a 1,400-acre plot in Wisconsin and name it “Tigerton Dells,” posting signs that say, “Federal Agents Keep out; Survivors will be Prosecuted.” Tigerton Dells will appoint its own judges and foreign ambassadors before federal authorities seize the property (see 1984).
Movement Spreads throughout Northwest, Plains States - By 1976, an FBI report says that the Posse Comitatus movement will consist of up to 50,000 adherents throughout the Northwest and Great Plains states. The center of the movement is at Tigerton Dells; Posse members there will disrupt local government meetings and assault public officials. The farm crisis of the early 1980s will allow the Posse to begin converting angry, frightened farmers throughout the region. In 1996, the Anti-Defamation League’s Mark Pitcavage will write, “The Posse offered up targets for people to blame: the courts, the money system, the federal government, the Jews.”
Waging Legal Battles - While some Posse members offer violence to law enforcement and public officials (see February 13, 1983 and After), most of their battles with the government take place in court. Posse members most frequently use two common legal strategems: filing frivolous liens on the properties of public officials who oppose or anger them, particularly IRS agents, and flooding the courts with a barrage of legal documents, filings, motions, and appeals. The liens carry no legal weight but sometimes damage the recipients’ credit scores and interfere with the recipients’ ability to buy or sell property. The court documents, often written in arcane, archaic, and contradictory legal language, clog the court system and frustate judges and prosecutors. A related tactic is the establishment of “common law courts,” vigilante courts that often threaten public officials. [Mark Pitcavage, 5/6/1996]
Inspiration to Other Groups - The Posse Comitatus’s ideology will inspire other anti-government groups, such as the Montana Freemen (see 1993-1994).

Entity Tags: US Federal Reserve, William Potter Gale, Walt P. Mann, Internal Revenue Service, Posse Comitatus, Federal Bureau of Investigation, Henry L. Beach, Mark Pitcavage, Sherriff’s Posse Comitatus, US Christian Posse Association

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Pat Buchanan, June 1969.Pat Buchanan, June 1969. [Source: Bettmann / Corbis]President Nixon’s speechwriter, Pat Buchanan, writes a memo urging Nixon not to visit “the Widow King”—his term for civil rights leader Dr. Martin Luther King Jr.‘s wife Coretta Scott King—on the first anniversary of her husband’s assassination. Buchanan writes that a visit would “outrage many, many people who believe Dr. King was a fraud and a demagogue and perhaps worse.… Others consider him the Devil incarnate. Dr. King is one of the most divisive men in contemporary history.” The memo will be publicly revealed in the 1980s. [Fairness and Accuracy in Reporting, 2/26/1996]

Entity Tags: Coretta Scott King, Richard M. Nixon, Patrick Buchanan, Martin Luther King, Jr.

Timeline Tags: Nixon and Watergate, Domestic Propaganda

Henry Kissinger.Henry Kissinger. [Source: Library of Congress]Secretary of State Henry Kissinger, determined to prove to President Nixon that news stories about the secret Cambodian bombings are not being leaked to the press by liberals in the National Security Council offices, urges FBI director J. Edgar Hoover to wiretap several of Nixon’s top aides, as well as a selection of reporters. Kissinger will later deny making the request. [Werth, 2006, pp. 169] In March 1973, W. Mark Felt, the deputy director of the FBI and Washington Post reporter Bob Woodward’s famous “Deep Throat” background source, will confirm the wiretappings, saying: “In 1969, the first targets of aggressive wiretapping were the reporters and those in the administration who were suspected of disloyalty. Then the emphasis was shifted to the radical political opposition during the [Vietnam] antiwar protests. When it got near election time [1972], it was only natural to tap the Democrats (see Late June-July 1971 and May 27-28, 1972). The arrests in the Watergate (see 2:30 a.m.June 17, 1972) sent everybody off the edge because the break-in could uncover the whole program.” [Bernstein and Woodward, 1974, pp. 271] Felt will tell Woodward that two of the reporters placed under electronic surveillance are Neil Sheehan and Hedrick Smith. Pentagon Papers leaker Daniel Ellsberg will leak the Defense Department documents to Sheehan (see March 1971). Eventually, future FBI director William Ruckelshaus will reveal that at least 17 wiretaps are ordered between 1969 and 1971. The logs of those wiretaps are stored in a safe in White House aide John Ehrlichman’s office. In all, 13 government officials and four reporters are monitored. [Bernstein and Woodward, 1974, pp. 313] The FBI will send Kissinger 37 letters reporting on the results of the surveillance between May 16, 1969 and May 11, 1970. When the surveillance is revealed to the Senate Watergate Committee, it will be shown that among those monitored are Nixon speechwriter and later New York Times columnist William Safire; Anthony Lake, a top Kissinger aide who will later resign over the secret bombings of Cambodia; and the military assistant to Secretary of Defense Melvin Laird, whom Kissinger regards as a political enemy. [Woodward, 2005, pp. 21-22]

Entity Tags: Richard M. Nixon, J. Edgar Hoover, Henry A. Kissinger, Hedrick Smith, Anthony Lake, Melvin Laird, Neil Sheehan, William Safire, W. Mark Felt, National Security Council, William Ruckelshaus

Timeline Tags: Civil Liberties, Nixon and Watergate

Dan Hill.Dan Hill. [Source: Amanda Gordon / Bloomberg]Dan Hill, a US Army Ranger who is undergoing officer training, comes up with a hypothetical plan by which the Soviet Union could start a nuclear war with the United States, which involves a suicide pilot crashing a military transport plane into the US Capitol building in Washington, DC.
Trainees Tasked with Imagining How to Start a World War - After his tour in Vietnam came to an end in mid-1969, Hill was chosen for the career officer training program at Fort Benning, Georgia. He is currently taking a course in nuclear weapons deployment. Toward the end of the semester, he is given the assignment of imagining he is a Soviet premier who wants to start World War III against the US. Hill and his fellow trainees are told to prepare a written plan, describing how they would initiate the war.
Plan Involves Crashing Plane into Capitol Building - Hill comes up with a plan, which he gives the code name “State of the Union.” It involves recruiting and training a suicide pilot, obtaining a C-47 transport plane, and filling it with explosives. Then, as journalist and author James B. Stewart will describe: “On the night of the State of the Union, the pilot would fly the plane straight into the Capitol building, through the rotunda, and into the House of Representatives, where the bombs on the plane would be set to explode. He’d take out the president, his cabinet, the members of the Supreme Court, the Joint Chiefs of Staff, and most senators and representatives. At that moment, the Soviet Union would unleash its nuclear missiles.” According to Hill, everyone in the US would be “watching TV, there’s no air defense around the Capitol; by the time anyone realized an aircraft was near, it would be too late.”
Commander Questions Hill about His Plan - On the Monday after Hill submits his plan, a lieutenant colonel in intelligence stops him on his way to class and says, “I’ve got some people who would like to talk to you.” Hill is taken to a room where Major General John Carley, the assistant commander of the infantry school, is waiting, along with six men in uniform and several other men who are dressed in dark suits, all of them looking serious. Carley is holding Hill’s paper and asks, “How did you come up with this?” Hill replies, “This is my area of expertise,” and explains that he has been trained in unconventional warfare, counterterrorism, the use of explosives, and demolition. He is then questioned for almost an hour about his plan. Finally, Carley says, “We’d prefer you forget you ever did this.” Hill agrees to do so and is then dismissed.
Hill Informs Friend about His Plan - Hill writes to his friend Rick Rescorla, who has also served in the Army, about the incident. In his reply, Rescorla writes: “You evil-minded b_stard! When you have these thoughts, don’t publicize them to anyone. The plan is tactically and technically proficient; it makes sense, but only to people like you and me. To the rest of the world, it looks like the workings of a deviant mind. This kind of thing terrifies people.” [Stewart, 2002, pp. 152-153] Rescorla will subsequently work as the head of security for a company at the World Trade Center. [New Yorker, 2/11/2002] While he is in that position, he will be drawing from Hill’s plan when, after the 1993 bombing, he determines that terrorists will likely target the WTC again by crashing a cargo plane into it (see Shortly After February 26, 1993). [Stewart, 2002, pp. 193-194] Hill will learn that, shortly after his meeting with Carley, enhanced air defenses were installed for Washington. He will therefore think that some good may have come from the meeting. [Stewart, 2002, pp. 153]

Entity Tags: Rick Rescorla, John Carley, Daniel J. Hill

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Timeline Tags: Civil Liberties

Roger Ailes, the senior media consultant for the Nixon administration (see 1968), writes, or helps write, a secret memo for President Nixon and fellow Republicans outlining a plan for conservatives to “infiltrate and neutralize” the mainstream American media. The document will not be released until 2011; experts will call it the “intellectual forerunner” to Fox News, which Ailes will launch as a “fair and balanced” news network in 1996 (see October 7, 1996). John Cook, the editor of the online news and commentary magazine Gawker, will call the document the outline of a “nakedly partisan… plot by Ailes and other Nixon aides to circumvent the ‘prejudices of network news’ and deliver ‘pro-administration’ stories to heartland television viewers.” The document is entitled “A Plan for Putting the GOP on TV News.” Ailes, currently the owner of REA Productions and Ailes Communications Inc., works for the Nixon White House as a media consultant; he will serve the same function for President George H.W. Bush during his term. Ailes is a forceful advocate for using television to shape the message of the Nixon administration and of Republican policies in general. He frequently suggests launching elaborately staged events to entice favorable coverage from television reporters, and uses his contacts at the news networks to head off negative publicity. Ailes writes that the Nixon White House should run a partisan, pro-Republican media operation—essentially a self-contained news production organization—out of the White House itself. He complains that the “liberal media” “censors” the news to portray Nixon and his administration in a negative light. Cook will say the plan “reads today like a detailed precis for a Fox News prototype.” The initial idea may have originated with Nixon chief of staff H.R. Haldeman, but if so, Ailes expands and details the plan far beyond Haldeman’s initial seed of an idea. [Roger Ailes, 1970; Gawker, 6/30/2011] In 2011, Rolling Stone journalist Tim Dickinson will write: “This is an astounding find. It underscores Ailes’s early preoccupation with providing the GOP with a way to do an end run around skeptical journalists.” [Rolling Stone, 7/1/2011]
Focus on Television - Ailes insists that any such media plan should focus on television and not print. Americans are “lazy,” he writes, and want their thinking done for them: “Today television news is watched more often than people read newspapers, than people listen to the radio, than people read or gather any other form of communication. The reason: People are lazy. With television you just sit—watch—listen. The thinking is done for you.” Ailes says the Nixon administration should create its own news network “to provide pro-administration, videotape, hard news actualities to the major cities of the United States.” Other television news outlets such as NBC News, ABC News, CBS News, and PBS News, are “the enemy,” he writes, and suggests going around them by creating packaged, edited news stories and interviews directly to local television stations. (Years later, these kinds of “news reports” will be called “video news releases,” or VNRs, and will routinely be used by the George W. Bush administration and others—see March 15, 2004, May 19, 2004, March 2005, and March 13, 2005. They will be outlawed in 2005—see May 2005.) “This is a plan that places news of importance to localities (senators and representatives are newsmakers of importance to their localities) on local television news programs while it is still news. It avoids the censorship, the priorities, and the prejudices of network news selectors and disseminators.” Ailes and his colleagues include detailed cost analyses and production plans for such news releases. In a side note on the document, Ailes writes: “Basically a very good idea. It should be expanded to include other members of the administration such as cabinet involved in activity with regional or local interest. Also could involve GOP governors when in DC. Who would purchase equipment and run operation—White House? RNC [Republican National Committee]? Congressional caucus? Will get some flap about news management.”
Dirty Tricks - Ailes suggests planting “volunteers” within the Wallace campaign, referring to segregationist George Wallace (D-AL), whose third-party candidacy in 1968 almost cost Nixon the presidency. Ailes knows Wallace is planning a 1972 run as well, and is apparently suggesting a “mole” to either gather intelligence, carry out sabotage, or both. (Wallace’s plans for another run will be cut short by an assassination attempt—see May 15, 1972.) Ailes also suggests having his firm film interviews with Democrats who support Nixon’s Vietnam policies, such as Senators John Stennis (D-MS) and John McClellan (D-AR). Though Stennis and McClellan would believe that the interviews were for actual news shows, they would actually be carried out by Ailes operatives and financed by a Nixon campaign front group, the “Tell it to Hanoi Committee.” In June 1970, someone in the Nixon administration scuttles the plan, writing: “[T]he fact that this presentation is White House directed, unbeknownst to the Democrats on the show, presents the possibility of a leak that could severely embarrass the White House and damage significantly its already precarious relationship with the Congress. Should two powerful factors like Stennis and McClellan discover they are dupes for the administration the scandal could damage the White House for a long time to come.”
Volunteers to Head Program - Ailes writes that he wants to head any such “news network,” telling Haldeman: “Bob—if you decide to go ahead we would as a production company like to bid on packaging the entire project. I know what has to be done and we could test the feasibility for 90 days without making a commitment beyond that point.” Haldeman will grant Ailes’s request in November 1970, and will give the project a name: “Capitol News Service.” Haldeman will write: “With regard to the news programming effort as proposed last summer, Ailes feels this is a good idea and that we should be going ahead with it. Haldeman suggested the name ‘Capitol News Service’ and Ailes will probably be doing more work in this area.” Documents fail to show whether the “Capitol News Service” is ever actually implemented. [Roger Ailes, 1970; Gawker, 6/30/2011]
Television News Incorporated - Ailes will be fired from the Nixon administration in 1971; he will go on to start a similar private concern, “Television News Incorporated” (TVN—see 1971-1975), an ideological and practical predecessor to Fox News. Dickinson will write: “More important, [the document] links the plot to create what would become Television News Incorporated—the Ailes-helmed ‘fair and balanced’ mid-1970s precursor to Fox News—to the Nixon White House itself.” [Gawker, 6/30/2011; Rolling Stone, 7/1/2011] A former business colleague of Ailes’s will say in 2011: “Everything Roger wanted to do when he started out in politics, he’s now doing 24/7 with his network [Fox News]. It’s come full circle.” [Rolling Stone, 5/25/2011]

Entity Tags: John Cook, George C. Wallace, Fox News, Bush administration (43), Ailes Communications, H.R. Haldeman, George Herbert Walker Bush, Tim Dickinson, Television News Incorporated, Tell it to Hanoi Committee, REA Productions, John Stennis, John Little McClellan, Nixon administration, Roger Ailes

Timeline Tags: Domestic Propaganda

President Nixon meets with FBI Director J. Edgar Hoover, CIA Director Richard Helms, and the heads of the NSA and DIA to discuss a proposed new domestic intelligence system. His presentation is prepared by young White House aide Tom Charles Huston (derisively called “Secret Agent X-5” behind his back by some White House officials). The plan is based on the assumption that, as Nixon says, “hundreds, perhaps thousands, of Americans—mostly under 30—are determined to destroy our society.” Nixon complains that the various US intelligence agencies spend as much time battling with one another over turf and influence as they do working to locate threats to national security both inside and outside of the country. The agencies need to prove the assumed connections between the antiwar demonstrators and Communists. The group in Nixon’s office will now be called the “Interagency Committee on Intelligence,” Nixon orders, with Hoover chairing the new ad hoc group, and demands an immediate “threat assessment” about domestic enemies to his administration. Huston will be the White House liaison. Historian Richard Reeves will later write: “The elevation of Huston, a fourth-level White House aide, into the company of Hoover and Helms was a calculated insult. Nixon was convinced that both the FBI and the CIA had failed to find the links he was sure bound domestic troubles and foreign communism. But bringing them to the White House was also part of a larger Nixon plan. He was determined to exert presidential control over the parts of the government he cared most about—the agencies dealing with foreign policy, military matters, intelligence, law, criminal justice, and general order.” [Reeves, 2001, pp. 229-230]

Entity Tags: Richard Reeves, Tom Charles Huston, Central Intelligence Agency, Defense Intelligence Agency, Federal Bureau of Investigation, J. Edgar Hoover, Richard M. Nixon, Richard Helms, National Security Agency

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon approves the “Huston Plan” for greatly expanding domestic intelligence-gathering by the FBI, CIA and other agencies. Four days later he rescinds his approval. [Washington Post, 2008] Nixon aide Tom Charles Huston comes up with the plan, which involves authorizing the CIA, FBI, NSA, and military intelligence agencies to escalate their electronic surveillance of “domestic security threats” in the face of supposed threats from Communist-led youth agitators and antiwar groups (see June 5, 1970). The plan would also authorize the surreptitious reading of private mail, lift restrictions against surreptitious entries or break-ins to gather information, plant informants on college campuses, and create a new, White House-based “Interagency Group on Domestic Intelligence and Internal Security.” Huston’s Top Secret memo warns that parts of the plan are “clearly illegal.” Nixon approves the plan, but rejects one element—that he personally authorize any break-ins. Nixon orders that all information and operations to be undertaken under the new plan be channeled through his chief of staff, H. R. Haldeman, with Nixon deliberately being left out of the loop. The first operations to be undertaken are using the Internal Revenue Service to harass left-wing think tanks and charitable organizations such as the Brookings Institution and the Ford Foundation. Huston writes that “[m]aking sensitive political inquiries at the IRS is about as safe a procedure as trusting a whore,” since the administration has no “reliable political friends at IRS.” He adds, “We won’t be in control of the government and in a position of effective leverage until such time as we have complete and total control of the top three slots of the IRS.” Huston suggests breaking into the Brookings Institute to find “the classified material which they have stashed over there,” adding: “There are a number of ways we could handle this. There are risks in all of them, of course; but there are also risks in allowing a government-in-exile to grow increasingly arrogant and powerful as each day goes by.” [Reeves, 2001, pp. 235-236] In 2007, author James Reston Jr. will call the Huston plan “arguably the most anti-democratic document in American history… a blueprint to undermine the fundamental right of dissent and free speech in America.” [Reston, 2007, pp. 102]

Entity Tags: US Department of Defense, National Security Agency, Richard M. Nixon, Brookings Institution, Central Intelligence Agency, Federal Bureau of Investigation, Ford Foundation, Internal Revenue Service, Tom Charles Huston, James Reston, Jr

Timeline Tags: Civil Liberties, Nixon and Watergate

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

Book cover of the Pentagon Papers.Book cover of the Pentagon Papers. [Source: Daniel Ellsberg]The New York Times receives a huge amount of secret Defense Department documents and memos that document the covert military and intelligence operations waged by previous administrations in Vietnam (see January 15, 1969). The documents are leaked by Daniel Ellsberg, a former Defense Department official who worked in counterintelligence and later for the RAND Corporation while remaining an active consultant to the government on Vietnam. Ellsberg, a former aide to Secretary of State and National Security Adviser Henry Kissinger and a member of the task force that produced the Defense Department documents, has, over his tenure as a senior government official, become increasingly disillusioned with the actions of the US in Vietnam. [Herda, 1994] The documents are given to Times reporter Neil Sheehan by Ellsberg (see May 1969). [Bernstein and Woodward, 1974, pp. 313]
Ellsberg Tried to Interest Senators - After he and his friend Anthony Russo had copied the documents (see September 29, 1969), Ellsberg had spent months attempting to persuade several antiwar senators, including William Fulbright (D-AR), Charles Mathias Jr (R-MD), George McGovern (D-SD), and Paul “Pete” McCloskey (R-CA), to enter the study into the public record, all to no avail. But McGovern suggested that Ellsberg provide copies of the documents either to the New York Times or the Washington Post. Ellsberg knew Sheehan in Vietnam, and decided that the Times reporter was his best chance for making the documents public. [Reeves, 2001, pp. 333; Moran, 2007] Ellsberg originally gave copies of the documents—later dubbed the “Pentagon Papers”—to Phil Geyelin of the Washington Post, but the Post’s Katherine Graham and Ben Bradlee decided not to publish any of the documents. Ellsberg then gave a copy to Sheehan.
Documents Prove White House Deceptions - The documents include information that showed former President Dwight D. Eisenhower had made a secret commitment to help the French defeat the insurgents in Vietnam. They also show that Eisenhower’s successor, John F. Kennedy, had used a secret “provocation strategy” to escalate the US’s presence into a full-blown war that eventually led to the infamous Gulf of Tonkin incident. The documents also show that Kennedy’s successor, Lyndon Johnson, had planned from the outset of his presidency to expand the war [Spartacus Schoolnet, 8/2007] , and show how Johnson secretly paved the way for combat troops to be sent to Vietnam, how he had refused to consult Congress before committing both ground and air forces to war, and how he had secretly, and illegally, shifted government funds from other areas to fund the war. Finally, the documents prove that all three presidents had broken Constitutional law in bypassing Congress and sending troops to wage war in Vietnam on their own authority. [Herda, 1994]
Times Publishes Against Legal Advice - The Times will begin publishing them in mid-June 1971 (see June 13, 1971) after putting Sheehan and several other reporters up in the New York Hilton to sift through the mountain of photocopies and the senior editors, publishers, and lawyers argued whether or not to publish such a highly classified set of documents. The management will decide, against the advice of its lawyers, to publish articles based on the documents as well as excerpts from the documents themselves. [Moran, 2007]

Entity Tags: Paul McCloskey, Washington Post, Phil Geyelin, RAND Corporation, New York Times, Johnson administration, Kennedy administration, Charles Mathias, Jr, Ben Bradlee, Anthony Russo, Neil Sheehan, Daniel Ellsberg, Henry A. Kissinger, George S. McGovern, Katharine Graham, J. William Fulbright, US Department of Defense

Timeline Tags: Nixon and Watergate

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Deputy Attorney General William Rehnquist is sworn in as an associate justice of the Supreme Court, replacing the retiring John Harlan. Rehnquist was active in the Arizona Republican Party, and became well-known in the state as a conservative activist who, among other things, opposed school integration. Rehnquist befriended fellow Phoenix attorney Richard Kleindienst, who, after becoming attorney general under Richard Nixon, brought Rehnquist into the Justice Department. Rehnquist faced little difficulty in his confirmation hearings in the Democratically-led Senate Judiciary Hearings. [Oyez (.org), 9/3/2005] Rehnquist may have perjured himself during those hearings. He was confronted with charges that, as a Republican Party attorney and poll watcher, he had harassed and challenged minority voters in Arizona during the 1962, 1964, and 1966 elections. Rehnquist swore in an affidavit that the charges were false, even though the evidence available to the Senate showed Rehnquist did take part in such activities, which were legal in Arizona at the time. (Rehnquist will again deny the charges in 1986, when he is nominated for chief justice—see September 26, 1986). Former Nixon White House counsel John Dean will observe: “After reading and rereading his testimony, it appears to me that what he was really saying to the Senate [in 1971] was that he was not quite sure himself of his behavior, but he could not bring himself to tell the truth. Thus, his blanket 1971 denial forced him to remain consistent to that denial in 1986, and since his blanket denial was a lie, he had to continue lying. His false statement to Congress in 1971 was a crime, but the statute of limitations had passed. His false statement to Congress in 1986, however, was pure perjury.” [Dean, 2007, pp. 129-137]

Entity Tags: US Supreme Court, John Dean, Richard Kleindienst, William Rehnquist, John Harlan, US Department of Justice

Timeline Tags: Civil Liberties

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

Britain agrees to pay £650,000 (about $1.4 million) to the Mauritius government for costs associated with the resettlement of the Chagossians, who are being evicted from their homes in the Chagos Islands by the British (see July 27, 1971-May 26, 1973). It is paid in March 1973. No help is provided to Seychelles, which has also received displaced islanders. [Washington Post, 9/9/1975; British Royal Courts of Justice, 10/9/2003] Most of the money goes toward repaying debts the Chagossians have incurred. [Tribune (Bahamas), 11/17/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

CIA Counterintelligence Director James Angleton.CIA Counterintelligence Director James Angleton. [Source: CI Centre.com]CIA Director James Schlesinger orders an internal review of CIA surveillance operations against US citizens. The review finds dozens of instances of illegal CIA surveillance operations against US citizens dating back to the 1950s, including break-ins, wiretaps, and the surreptitious opening of personal mail. The earlier surveillance operations were not directly targeted at US citizens, but against “suspected foreign intelligence agents operating in the United States.” Schlesinger is disturbed to find that the CIA is currently mounting illegal surveillance operations against antiwar protesters, civil rights organizations, and political “enemies” of the Nixon administration. In the 1960s and early 1970s, CIA agents photographed participants in antiwar rallies and other demonstrations. The CIA also created a network of informants who were tasked to penetrate antiwar and civil rights groups and report back on their findings. At least one antiwar Congressman was placed under surveillance, and other members of Congress were included in the agency’s dossier of “dissident Americans.” As yet, neither Schlesinger nor his successor, current CIA Director William Colby, will be able to learn whether or not Schlesinger’s predecessor, Richard Helms, was asked by Nixon officials to perform such illegal surveillance, though both Schlesinger and Colby disapproved of the operations once they learned of them. Colby will privately inform the heads of the House and Senate Intelligence Committees of the domestic spying engaged in by his agency. The domestic spying program was headed by James Angleton, who is still serving as the CIA’s head of counterintelligence operations, one of the most powerful and secretive bureaus inside the agency. It is Angleton’s job to maintain the CIA’s “sources and methods of intelligence,” including the prevention of foreign “moles” from penetrating the CIA. But to use counterintelligence as a justification for the domestic spying program is wrong, several sources with first-hand knowledge of the program will say in 1974. “Look, that’s how it started,” says one. “They were looking for evidence of foreign involvement in the antiwar movement. But that’s not how it ended up. This just grew and mushroomed internally.” The source continues, speaking hypothetically: “Maybe they began with a check on [Jane] Fonda. They began to check on her friends. They’d see her at an antiwar rally and take photographs. I think this was going on even before the Huston plan” (see July 26-27, 1970 and December 21, 1974). “This wasn’t a series of isolated events. It was highly coordinated. People were targeted, information was collected on them, and it was all put on [computer] tape, just like the agency does with information about KGB agents. Every one of these acts was blatantly illegal.” Schlesinger begins a round of reforms in the CIA, a program continued by Colby. [New York Times, 12/22/1974 pdf file]

Entity Tags: William Colby, Senate Intelligence Committee, Richard Helms, James Angleton, Jane Fonda, Nixon administration, Central Intelligence Agency, James R. Schlesinger, House Intelligence Committee

Timeline Tags: Civil Liberties

Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. [ROE v. WADE, 410 US 113 (1973), 1/22/1973; CNN, 1/22/2003; National Abortion Federation, 2010] In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” [CBS News, 4/19/2007]

Entity Tags: Potter Stewart, Byron White, Lewis Powell, Harry Blackmun, William Rehnquist, US Supreme Court, William O. Douglas, Warren Burger, William Brennan, Thurgood Marshall

Timeline Tags: US Health Care, Civil Liberties

US District Court Judge W. M. Byrne, Jr dismisses all charges against “Pentagon Papers” leaker Daniel Ellsberg (see March 1971) and Ellsberg’s co-defendant, Anthony Russo. [New York Times, 5/11/1973] Byrne was shocked to learn that Watergate burglars G. Gordon Liddy and E. Howard Hunt had supervised the burglary of the office of Ellsberg’s psychiatrist (see September 9, 1971). The source of the information was probably White House counsel John Dean. [Bernstein and Woodward, 1974, pp. 307] Initially, government prosecutors had insisted that Ellsberg had never been wiretapped, but FBI director William Ruckelshaus found that Ellsberg had indeed been recorded, during a conversation with former Kissinger aide Morton Halperin, who had been wiretapped (see June 19, 1972). Ruckelshaus tells the court that Halperin had been monitored for 21 months. It is the first public acknowledgement that the Nixon administration had used wiretaps against its political enemies (see June 27, 1973). Additionally, the government had broken the law when it failed to disclose the wiretap to Ellsberg’s defense lawyers. [Bernstein and Woodward, 1974, pp. 313] Byrne cites “improper government conduct shielded so long from public view” and an array of governmental misconduct in dismissing the charges. “The conduct of the government has placed the case in such a posture that it precludes the fair, dispassionate resolution of these issues by a jury,” Byrne rules. Ellsberg and Russo were charged with theft, conspiracy, and fraud in the case. The government’s actions in attempting to prosecute Ellsberg and Russo “offended a sense of justice,” he says. One of the governmental actions that Byrne decries was the wiretapping of Ellsberg’s telephone conversations by the FBI in 1969 and 1970, and the subsequent destruction of the tapes and surveillance logs of those conversations. Byrne is also disturbed by the burglary of the offices of Ellsberg’s psychiatrist by government agents (see June 30-July 1, 1971 and September 9, 1971), and the apparent involvement of the FBI and the CIA in the prosecution of the case at the “request of the White House.” Referring to the burglary, Byrne says, “We may have been given only a glimpse of what this special unit did.” After the trial, Ellsberg is asked if he would disclose the Pentagon documents again, and he replies, “I would do it tomorrow, if I could do it.” [New York Times, 5/11/1973]

Entity Tags: Nixon administration, Central Intelligence Agency, Anthony Russo, Daniel Ellsberg, Morton H. Halperin, W. M. Byrne, Jr, US Department of Defense, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Issuetsdeah

Timeline Tags: Civil Liberties, Nixon and Watergate

August 16, 1972 front page of the Washington Post, reporting on Nixon’s address.August 16, 1972 front page of the Washington Post, reporting on Nixon’s address. [Source: Southern Methodist University]President Nixon delivers his second prime-time televised speech about Watergate to the nation. He says that both the Senate investigations have focused more on trying to “implicate the president personally in the illegal activities that took place,” and reminds listeners that he has already taken “full responsibility” for the “abuses [that] occurred during my administration” (see April 30, 1973). But in light of the increasing evidence being revealed about the Watergate conspiracy, Nixon’s speech is later proven to be a compilation of lies, half-truths, justifications, and evasions.
'No Prior Knowledge' - He again insists that “I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent cover-up activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.” He says that in all the Senate testimony, “there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in.” He says only one witness has challenged his statement under oath, referring to former White House counsel John Dean (see April 6-20, 1973) and June 25-29, 1973), and says Dean’s “testimony has been contradicted by every other witness in a position to know the facts.” Instead, says Nixon, he insisted from the outset that the investigation into the Watergate burglary be “thorough and aboveboard,” and if there were any evidence of “higher involvement, we should get the facts out first.” A cover-up would be unconscionable, he says. He again insists that he was told in September 1972 that an FBI investigation, “the most extensive investigation since the assassination of President Kennedy… had established that only those seven (see June 17, 1972) were involved.” Throughout, Nixon says, he relied on the reports of his staff members, Justice Department, and FBI officials, who consistently reassured him that there was no involvement by anyone in the White House in the burglaries. “Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a cover-up. I was convinced there was no cover-up, because I was convinced that no one had anything to cover up.”
Internal Investigation - He didn’t realize that those assurances were wrong until March 21, when he “received new information from [Dean] that led me to conclude that the reports I had been getting for over nine months were not true.” He immediately launched an internal investigation (see August 29, 1972), initially relying on Dean to conduct the investigation, then turning the task over to his senior aide, John Ehrlichman, and to the Attorney General, Richard Kleindienst. The results prompted him to give the case to the Criminal Division of the Justice Department, ordering the complete cooperation of “all members of the administration.” He never tried to hide the facts, Nixon asserts, but instead has consistently tried “to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.”
Refusal to Turn over Tapes; 'Privileged' Communications - Nixon says he is resisting subpoenas to turn over the secret recordings he has had made of White House and other conversations (see July 13-16, 1973) because of “a much more important principle… than what the tapes might prove about Watergate.” A president must be able to talk “openly and candidly with his advisers about issues and individuals” without having those conversations ever made public. These are “privileged” conversations, he says, similar to those between a lawyer and his client or “a priest and a penitent.” The conversations between a president and his advisers, Nixon says, are “even more important.” The conversations on those tapes are “blunt and candid,” made without thought to any future public disclosure, and for future presidents and their advisers to know that their conversations and advice might one day be made public would cripple their ability to talk freely and offer unfettered opinions. “That is why I shall continue to oppose efforts which would set a precedent that would cripple all future presidents by inhibiting conversations between them and those they look to for advice,” he says. “This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle.”
'Hard and Tough' Politics - Watergate has come to encompass more than just a burglary, Nixon says, but has brought up issues of partisan politics, “enemy lists” (see June 27, 1973), and even threats to national security. Nixon has always run “hard and tough” political campaigns, but has never stepped outside the law and “the limits of decency” in doing so. “To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them,” he says. The “few overzealous people” involved in the Watergate burglary should not reflect on his administration or the political process as a whole. He will “ensure that one of the results of Watergate is a new level of political decency and integrity in America—in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.”
Legal Wiretapping to Protect the Nation - The measures he has taken to protect the security of the nation have all been within the law and with the intention of protecting the government from possible subversion and even overthrow, he asserts. The wiretaps he authorized had been legal, he says, until the 1972 decision by the Supreme Court that rejected such wiretaps as unlawful (see June 19, 1972). Until then, Nixon says, he—like his predecessors—had implemented such wiretaps “to protect the national security in the public interest.” Since the Supreme Court decision, he says, he has stopped all such surveillance efforts. But the law must be mindful of “tying the president’s hands in a way that would risk sacrificing our security, and with it all our liberties.” He will continue to “protect the security of this nation… by constitutional means, in ways that will not threaten [American] freedom.”
The Fault of the Radicals - He blames the antiwar and civil rights movements of the 1960s as encouraging “individuals and groups… to take the law into their own hands,” often with the praise and support from the media and even from “some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.” In the wake of this radical, anti-government atmosphere, the country was plagued by “a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.” That attitude permeated political campaigns, to the extent that “some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system… who mistakenly thought their cause justified their violations of the law.”
Looking Forward - It is time to put Watergate behind us, Nixon says, to abandon this “continued, backward-looking obsession with Watergate” and stop “neglect[ing] matters of far greater importance to all of the American people.… The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our nation.” [White House, 8/15/1973; White House, 8/15/1973; White House, 8/15/1973; AMDOCS Documents for the Study of American History, 6/1993; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: US Department of Justice, US Supreme Court, John Dean, Richard Kleindienst, Richard M. Nixon, Federal Bureau of Investigation, John Ehrlichman, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

Washington Post headline of firings.Washington Post headline of firings. [Source: Washington Post]After Watergate special prosecutor Archibald Cox refuses President Nixon’s offer of a “compromise” on the issue of the White House tapes (see October 19, 1973), Nixon orders (through his chief of staff Alexander Haig) Attorney General Elliot Richardson to fire Cox. Richardson refuses the presidential order, and resigns on the spot. Haig then orders Deputy Attorney General William Ruckelshaus to fire Cox. Ruckelshaus also refuses, and resigns also. Haig finally finds a willing Justice Department official in Solicitor General Robert Bork, who is named acting attorney general and fires Cox. (Of the firing, Bork tells reporters, “All I will say is that I carried out the president’s directive.”) White House press secretary Ronald Ziegler announces that the Office of the Special Prosecutor has been abolished. FBI agents are sent to prevent Cox’s staff from taking their files out of their offices. Ziegler justifies the firing by saying that Cox “defied” Nixon’s instructions “at a time of serious world crisis” and made it “necessary” for Nixon to discharge him. After his firing, Cox says, “Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people.” The press dubs Cox’s firings and the abolishment of the OSP the “Saturday Night Massacre,” and the public reacts with a fury unprecedented in modern American political history. In a period of ten days, Congress receives more than a million letters and telegrams (some sources say the number is closer to three million), almost all demanding Nixon’s impeachment. Congress will soon launch an impeachment inquiry. Former Washington Post editor Barry Sussman writes in 1974 that Cox’s firing was not a result of impetuous presidential anger. Nixon had been more than reluctant to accept a special prosecutor for Watergate. Cox, named special prosecutor in the spring of 1973, had quickly earned the ire of White House officials and of Nixon himself, and by October 7, Nixon had announced privately that Cox would be fired. [Washington Post, 10/21/1973; Sussman, 1974, pp. 251; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: John Sirica, Archibald Cox, Alexander M. Haig, Jr., Barry Sussman, Federal Bureau of Investigation, Richard M. Nixon, William Ruckelshaus, John Stennis, Elliot Richardson, Robert Bork, Ron Ziegler

Timeline Tags: Nixon and Watergate

Time magazine cover featuring Leon Jaworski.Time magazine cover featuring Leon Jaworski. [Source: Time]Leon Jaworski is named the new special prosecutor for the Watergate investigation, replacing the fired Archibald Cox (see October 19-20, 1973). President Nixon also names William Saxbe as the new attorney general, replacing Elliot Richardson. [O.T. Jacobson, 7/5/1974 pdf file; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Elliot Richardson, Archibald Cox, Richard M. Nixon, William Saxbe, Leon Jaworski

Timeline Tags: Nixon and Watergate

Tax protester Ardie McBrearty founds the United States Taxpayers Union (USTU), an organization dedicated to abolishing the 16th Amendment (see 1951-1967 and 1970-1972), and also the Occupational Safety and Health Act (OSHA), consumer protection statutes, gun control laws, and other “unconstitutional” legislation. McBrearty, an avowed Christian Identity follower (see 1960s and After), will abandon tax protest in favor of armed white supremacist militancy, joining The Order (see Late September 1983 and August 1984 and After). He will eventually earn 40 years in prison for his role in The Order’s violent actions. [Southern Poverty Law Center, 12/2001] In a 1982 lawsuit, McBrearty will argue that a 1977 agreement with UTSU mandated that the group should pay “all necessary personal and family obligations of said individual [and] all costs incurred in the defense of a client member.” McBrearty will be convicted for tax law violations in 1979 and will sue the UTSU shortly thereafter. The courts will dismiss the lawsuit because such an agreement “contravene[s] public policy and [i]s therefore unenforceable.” [OpenJurist, 1/18/1982] It is unclear whether McBrearty’s loss of the lawsuit triggers his desire to join a more actively violent organization, such as The Order.

Entity Tags: The Order, Ardie McBrearty, United States Taxpayers Union

Timeline Tags: US Domestic Terrorism

August 8, 1974: Nixon Resigns Presidency

Richard Nixon announcing his resignation to the country.Richard Nixon announcing his resignation to the country. [Source: American Rhetoric.com]President Richard Nixon, forced to resign because of the Watergate scandal, begins his last day in office. The morning is marked by “burn sessions” in several rooms of the White House, where aides burn what author Barry Werth calls “potentially troublesome documents” in fireplaces. Nixon’s chief of staff, Alexander Haig, is preparing for the transition in his office, which is overflowing with plastic bags full of shredded documents. Haig says all of the documents are duplicates. Haig presents Nixon with a one-line letter of resignation—“I hereby resign the office of president of the United States”—and Nixon signs it without comment. Haig later describes Nixon as “haggard and ashen,” and recalls, “Nothing of a personal nature was said… By now, there was not much that could be said that we did not already understand.” Nixon gives his resignation speech at 9 p.m. [White House, 8/8/1974; White House, 8/8/1974; American Rhetoric, 2001; Werth, 2006, pp. 3-8] On August 7, Haig told Watergate special prosecutor Leon Jaworski that Congress would certainly pass a resolution halting any legal actions against Nixon. But, watching Nixon’s televised resignation speech, Jaworski thinks, “Not after that speech, Al.” Nixon refuses to accept any responsibility for any of the myriad crimes and illicit actions surrounding Watergate, and merely admits to some “wrong” judgments. Without some expression of remorse and acceptance of responsibility, Jaworski doubts that Congress will do anything to halt any criminal actions against Nixon. [Werth, 2006, pp. 30-31] Instead of accepting responsibility, Nixon tells the nation that he must resign because he no longer has enough support in Congress to remain in office. To leave office before the end of his term “is abhorrent to every instinct in my body,” he says, but “as president, I must put the interests of America first.” Jaworski makes a statement after the resignation speech, declaring that “there has been no agreement or understanding of any sort between the president or his representatives and the special prosecutor relating in any way to the president’s resignation.” Jaworski says that his office “was not asked for any such agreement or understanding and offered none.” [Washington Post, 8/9/1974]

Entity Tags: Nixon administration, Leon Jaworski, Richard M. Nixon, Alexander M. Haig, Jr., Barry Werth

Timeline Tags: Nixon and Watergate

Just hours after President Ford announces his pardon of Richard Nixon (see September 8, 1974), he sees evidence that the pardon is even more unpopular than he had feared. The White House switchboard is flooded with “angry calls, heavy and constant,” as Ford’s lawyer Philip Buchen will later recall. The response, says resigning press secretary Jerald terHorst (see September 8, 1974), is roughly 8-1 against. TerHorst’s admission to the press that he is resigning over the pardon adds even more fuel to the blaze of criticism. “I resigned,” terHorst tells reporters, “because I just couldn’t remain part of an act that I felt was ethically wrong.” Reporters almost uniformly side with terHorst against Ford; as author Barry Werth will later write, “the press concluded intrinsically that terHorst’s act of conscience trumped the president’s.” TerHorst’s resignation is inevitably compared to Nixon’s infamous “Saturday Night Massacre” (see October 19-20, 1973), and engenders a similar avalanche of press criticism and public outrage. The day after, protesters greet Ford in Pittsburgh with chants of “Jail Ford!” Conservative columnist George Will writes, “The lethal fact is that Mr. Ford has now demonstrated that… he doesn’t mean what he says.” The New York Times calls the pardon a “profoundly unwise, divisive, and unjust act.… This blundering intervention is a body blow to the president’s own credibility and to the public’s reviving confidence in the integrity of its government.” Ford’s popularity plunges almost overnight from 70 percent to 48 percent; fewer than one in five Americans identify themselves as Republicans. Ford’s biographer John Robert Greene will write that journalists begin “treating Ford as just another Nixon clone in the White House—deceitful, controlled by the leftover Nixonites, and in general no different than any of his immediate predecessors.” Werth will conclude that Ford’s “self-sacrific[e]” is the political equivalent of him “smothering a grenade.” Nixon’s refusal to atone in any fashion for his crimes placed the burden of handling Watergate squarely on Ford’s shoulders, and that burden will weigh on his presidency throughout his term, as well as damage his chances for election in 1976. Ford will later write: “I thought people would consider his resignation from the presidency as sufficient punishment and shame. I thought there would be greater forgiveness.” [Werth, 2006, pp. 328-332] Years later, Ford’s chief of staff, Dick Cheney, will reflect that the pardon should have “been delayed until after the 1974 elections because I think it did cost us seats [in Congress]. If you say that that is a political judgment, it’s true, but then, the presidency is a political office.” [Dubose and Bernstein, 2006, pp. 27]

Entity Tags: Barry Werth, George Will, Jerald terHorst, John Robert Greene, Richard (“Dick”) Cheney, Richard M. Nixon, New York Times, Gerald Rudolph Ford, Jr, Philip Buchen

Timeline Tags: Nixon and Watergate

Nelson Rockefeller is sworn in as vice president (see August 20, 1974). [Rockefeller Family Archives, 6/7/2007]
Bad Blood and Confirmation Difficulties - Rockefeller has trouble even before taking office. Branded as a liberal by many in the Republican Party, and winning as many enemies as friends with his outsized ego and gladhanding demeanor, Rockefeller garnered swift and obdurate resistance particularly from the right wing both outside the White House (see August 24, 1974) and in (see September 21, 1974 and After). During the Senate’s confirmation hearings, many Democrats and some Republicans relished forcing Rockefeller, one of the wealthiest men in the country, to open his finances to public scrutiny. Even President Ford privately expresses his astonishment. “Can you imagine?” he asked during the hearings. “Nelson lost $30 million in one year and it didn’t make any difference.” When it was revealed that Rockefeller had given huge personal contributions to lawmakers and government officials—including Secretary of State Henry Kissinger—in the form of “loans” that never needed repaying, the Senate hearings became even more inquisitorial. The hearings dragged on for months until Ford personally intervened, telling House and Senate leaders that it was “in the national interest that you confirm Rockefeller, and I’m asking you to move as soon as possible.” [US Senate, 7/7/2007]
Cheney Wanted Reagan - Deputy Chief of Staff Dick Cheney, far more conservative than either Ford or Rockefeller, opposes Rockefeller’s influence from the start, and works with his boss, Chief of Staff Donald Rumsfeld, to minimize Rockefeller’s influence. In 1986, Cheney will say that Ford “should have thought of Ronald Reagan as vice president in the summer of 1974, if you are talking strictly in political terms.” [Dubose and Bernstein, 2006, pp. 38]
Domestic Squabbles - Both Ford and Rockefeller want the new vice president to be what Ford calls “a full partner” in his administration, particularly on domestic issues. Ford appoints him to chair the Domestic Council, but behind the scenes, Rockefeller’s implacable enemy, Rumsfeld, who sees Rockefeller as a “New Deal” economic liberal, blocks his influence at every term, both from personal and ideological dislike and from a desire to keep power in the White House to himself and his small, close-knit aides. (Cheney, ever attentive to indirect manipulations, inflames Rumsfeld’s dislike of Rockefeller even further by suggesting to his nakedly ambitious boss that if Rockefeller was too successful in implementing domestic policy, he would be perceived as “the man responsible for drafting the agenda of 1976,” thus limiting Rumsfeld’s chances of being named vice president in Ford’s re-election campaign (see November 4, 1975 and After). When Rockefeller tries to implement Ford’s suggested policy that domestic policymakers report to Ford through Rockefeller, Rumsfeld interferes. When Rockefeller names one of his trusted assistants, James Cannon, to head the Domestic Council, Rumsfeld slashes the Council’s budget almost to zero. When Rockefeller proposes a $100 billion Energy Independence Authority, with the aim to reduce and perhaps even end the nation’s dependency on foreign energy sources, Rumsfeld joins Ford’s economic and environmental advisers to block its creation. When Rockefeller proposes an idea for the president to Rumsfeld, Rumsfeld hands it off to Cheney, who ensures that it dies a quiet, untraceable bureaucratic death.
Rockefeller Neutralized - Cheney later recalls that Rockefeller “came to a point where he was absolutely convinced that Don Rumsfeld and myself were out to scuttle whatever new initiatives he could come up with.” Rumsfeld and other Ford staffers ensure that Rockefeller is not involved in key policy meetings; when Ford proposes large cuts in federal taxes and spending, Rockefeller complains, “This is the most important move the president has made, and I wasn’t even consulted.” Asked what he is allowed to do as vice president, Rockefeller answers: “I go to funerals. I go to earthquakes.” He says, only half sardonically, that redesigning the vice-presidential seal is “the most important thing I’ve done.” [Dubose and Bernstein, 2006, pp. 38-39; US Senate, 7/7/2007]
Following in Rockefeller's Footsteps - Ironically, when Cheney becomes vice president in 2001, he uses what Rockefeller intended to do as a model for his own, extremely powerful vice presidency. James Cannon, who came into the Ford administration with Rockefeller, will marvel in 2006, “Cheney is now doing what he and Rumsfeld blocked Rockefeller from doing—influencing policy.” [Dubose and Bernstein, 2006, pp. 39-40]

Entity Tags: Ronald Reagan, Nelson Rockefeller, Richard (“Dick”) Cheney, Ford administration, Donald Rumsfeld, Gerald Rudolph Ford, Jr, Henry A. Kissinger, James Cannon

Timeline Tags: Nixon and Watergate

1974 New York Times headline.1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 pdf file]

Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom

Timeline Tags: Civil Liberties, Nixon and Watergate

Vice President Nelson Rockefeller (see December 19, 1974 and After) is instrumental in keeping Senate Democrats from finding out too much about the intelligence community’s excesses. When the New York Times reveals the existence of a decades-old illegal domestic surveillance program run by the CIA (see December 21, 1974), President Ford heads off calls from Democrats to investigate the program by appointing the “Rockefeller Commission” to investigate in the Democrats’ stead. Senate Democrats, unimpressed with the idea, create the Church Committee to investigate the intelligence community (see April, 1976). Rockefeller is adept at keeping critical documents out of the hands of the Church Committee and the press. When Senator Frank Church asks for materials from the White House, he is told that the Rockefeller Commission has them; when he asks Rockefeller for the papers, he is told that he cannot have them because only the president can authorize access. One Church aide later calls Rockefeller “absolutely brilliant” in denying them access in a friendly manner. “He winked and smiled and said, ‘Gee, I want to help you but, of course I can’t—not until we’ve finished our work and the president approves it,’” the aide recalls. Senator John Tower (R-TX), the vice chairman of the committee, will later reflect, “We were very skillfully finessed.” But even Rockefeller, who has his own history of involvement with the CIA, is taken aback at the excesses of the CIA, particularly its history of assassinating foreign leaders. Rockefeller will eventually turn that information over to the Church Committee, giving that body some of the most explosive evidence as yet made public against the agency. [US Senate, 7/7/2007]

Entity Tags: John Tower, Church Committee, Nelson Rockefeller, Central Intelligence Agency, Frank Church, Gerald Rudolph Ford, Jr, ’Rockefeller Commission’

Timeline Tags: Nixon and Watergate

Former inhabitants of the Chagos Islands deliver a formal petition to the British embassy, asking Britain to see that the Mauritanian government provides them with plots of land, a house for each family, and jobs. The Chagossians, who were evicted from their homes by the British a few years before (see July 27, 1971-May 26, 1973), say that absent this help, they would prefer being allowed to return to the islands. Copies of the petition are delivered to the American embassy, Mauritian Prime Minister Seewoosagur Ramgoolam, and several opposition leaders of the Mauritian government. [Washington Post, 9/9/1975]

Entity Tags: Seewoosagur Ramgoolam, Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

US military officials tell Congress that the US needs to develop naval support facilities on the island of Diego Garcia. The Pentagon wants to lengthen the runway at Diego Garcia from 8,000 to 12,000 feet, increase the available petroleum, oils, and lubricants storage, and dredge its harbor. It would also like to build additional barracks, a pier to facilitate cargo handling, as well as additional utility and recreational facilities. The officials argue that expanding the base at Diego Garcia is needed to safeguard US oil interests in the Persian Gulf and to counter the Soviet Union’s presence in the region, which the military claims is increasing rapidly. They attempt to allay Congress’ concerns that expanding the base would provoke competition in that region with the Soviet Union. At one point during the hearing, George Vest, Director of the Bureau of Politico-Military Affairs of the Department of State, says the island is “uninhabited,” making no reference to the fact that it had been made so by the US and British only a few years before (see July 27, 1971-May 26, 1973). When further questioned on the subject, Vest repeats that there are “no inhabitants” at all on the island. [US Congress, 6/5/1975; Los Angeles Times, 11/4/2000]

Entity Tags: US Department of Defense, George Vest, US Congress

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The Washington Post is the first Western newspaper to report about the forced relocation of the inhabitants of the Chagos Islands. US officials had previously claimed that the island of Diego Garcia was “uninhabited,” (see June 5, 1975) and (see March 6, 1975) conveniently ignoring the fact that the island had been depopulated by Britain and the US (see July 27, 1971-May 26, 1973). [Washington Post, 9/9/1975; Washington Post, 9/11/1975]

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

A congressional subcommittee of the Committee on International Relations holds a hearing on the circumstances surrounding the establishment of the US military facility at Diego Garcia island. The hearing focuses on the forced eviction of the archipelago’s inhabitants (see July 27, 1971-May 26, 1973).
Testimony of George T. Churchill - In his statement to Congress, George T. Churchill, director of International Security Operations at the Department of State, attempts to defend the State Department and Pentagon from accusations that they misled Congress about the inhabitants of Diego Garcia. He asserts that the island’s population had consisted mainly of “contract laborers and their families whose livelihood depended on the coconut plantations and whose ties to the island were tenuous.” Their settlements, he says, “appear to have been something more than work camps but considerably less than free indigenous communities.” Churchill argues that resettlement was necessary because the islanders would not have had work once the plantations were replaced by US military facilities. When it was time to go, he claims, the residents “went willingly.” He also contends that he could find no evidence in government files that there was a “lack of concern for the inhabitants of the Chagos Islands.” He admits that his report is based entirely on US and British sources and that no attempt was made to interview the former inhabitants or request information from the Mauritius government—despite his acknowledgment that on many issues, there “simply wasn’t enough data.” Churchill argues that it was Britain’s responsibility to see to the islanders’ welfare after resettlement and denies that the US has any obligation—moral or legal—to the islanders, even though their eviction had been a condition of the US’ 1966 agreement (see December 30, 1966) with Britain to use the island. [US Congress, 11/4/1975]
Testimony of Commander Gary Sick - Pentagon official Gary Sick addresses accusations that the military has misled Congress about Diego Garcia’s population. In his testimony he cites instances where passing references were made about the islands’ population, including a 1964 Washington Post article mentioning the possibility that an “indigenous population” might exist on the island; a 1969-1979 Pentagon spending proposal which referred to the islanders as “rotating contract personnel engaged in harvesting copra”; and a 1970 congressional hearing in which it was stated that the “British [had] gone a little farther about removing the population from there now.” [US Congress, 11/4/1975]

Entity Tags: Gary G. Sick, US Congress, George T. Churchill

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The Senate Select Committee to Study Governmental Operations releases its report, “Alleged Assassination Plots Involving Foreign Leaders,” which finds “concrete evidence of at least eight plots involving the CIA to assassinate Fidel Castro from 1960 to 1965.” [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

Representative Otis Pike.Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]

Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News

Timeline Tags: Civil Liberties

The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
bullet Limitations on contributions to candidates for federal office;
bullet Disclosure and record-keeping provisions; and
bullet The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
bullet Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
bullet The $1,000 limitation on independent expenditures;
bullet The limitations on expenditures by candidates from their personal funds; and
bullet The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]

Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan

Timeline Tags: Civil Liberties

President Ford issues Executive Order 11905, which limits the power of the CIA, the NSA, and military intelligence to engage in surveillance of US citizens. Perhaps its most well-known provision is a total ban on “political assassinations” by US government personnel. [Gerald R. Ford, 2/18/1976; Roberts, 2008, pp. 38] The provision is sparked by the Church Commission’s finding (see April, 1976) that assassination is “unacceptable in our society,” and a political embarassment, especially botched attempts such as the CIA’s efforts to kill Cuba’s Fidel Castro. [Grant J. Lilly, 4/6/2006]

Entity Tags: Church Commission, Gerald Rudolph Ford, Jr, National Security Agency, Central Intelligence Agency

Timeline Tags: Civil Liberties

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]

Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission

Timeline Tags: Civil Liberties

Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972, US Supreme Court

Timeline Tags: Civil Liberties

An amendment to a Congressional appropriations bill is signed into law. The amendment, sponsored by Representative Henry Hyde (D-IL), prohibits the use of certain federal funds to fund abortions, and primarily affects Medicaid payments. It will quickly become known as the Hyde Amendment and will be renewed every year thereafter. The amendment is a response to the 1973 legalization of abortion by the US Supreme Court’s Roe v. Wade decision (see January 22, 1973), and represents the first major victory by anti-abortion forces to restrict the availability of abortions in the US. Many abortion advocates say the amendment unfairly targets low-income women, effectively denying them access to abortions, and restricts abortions to women who can pay for them. A 2000 study will show that up to 35 percent of women eligible for Medicaid would have had abortions had public funding been available to them; instead, they carried their pregnancies to term against their own wishes. The American Civil Liberties Union (ACLU) will call the amendment “discriminatory.” In 1993, the wording of the Hyde Amendment will be modified to read, “None of the funds appropriated under this Act shall be expended for any abortion except when it is made known to the federal entity or official to which funds are appropriated under this Act that such procedure is necessary to save the life of the mother or that the pregnancy is the result of an act of rape or incest.” The wording will remain the same for the next 17 years. As the amendment covers only federal spending, some states, including Hawaii and New York, cover abortions. Court challenges will result in the forcible coverage of abortions in other states. [American Civil Liberties Union, 7/21/2004; National Abortion Federation, 2006; National Committee for a Human Life Amendment, 3/2008 pdf file]

Entity Tags: US Supreme Court, American Civil Liberties Union, Henry Hyde

Timeline Tags: US Health Care

The Mauritius government disperses the £650,000, received by the British in 1973 (see July 27, 1971-May 26, 1973), to 595 Chagossians families. Since 1973, inflation has significantly reduced the value of the resettlement sum. [British Royal Courts of Justice, 10/9/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Interviewer David Frost has a difficult time with his subject, former President Richard Nixon, in the day’s early questioning (see April 6, 1977). Frost attempts to recoup with a line of questioning suggested by his adviser James Reston, Jr., one used in the trial of former Nixon aide John Ehrlichman (see January 1, 1975). Were there no limits to what a president can do, even if the president wants to do something plainly illegal? he asks. Could he do anything despite the law? Burglary? Forgery? Even murder? “If the president does it, that means it’s not illegal,” Nixon retorts. “Never had his imperialism been so baldly stated,” Reston will later reflect. Frost asks if the dividing line between, for example, a police burglary and the murder of an antiwar protester is only the president’s judgment? Nixon agrees, and adds: “There’s nothing specific that the Constitution contemplates in that respect. I haven’t read every word, every jot and every tittle, but I do know this: That it has been, however, argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.” [Time, 5/30/1977; Reston, 2007, pp. 102-105; Landmark Cases, 8/28/2007]

Entity Tags: Richard M. Nixon, David Frost, James Reston, Jr, John Ehrlichman

Timeline Tags: Nixon and Watergate

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

H. R. Haldeman’s “The Ends of Power.”H. R. Haldeman’s “The Ends of Power.” [Source: Amazon (.com)]Former Nixon aide H. R. Haldeman, in his autobiography The Ends of Power, advances his own insider theory of the genesis of the Watergate burglaries (see July 26-27, 1970). Haldeman, currently serving a one-year prison sentence for perjuring himself during his testimony about the Watergate cover-up, became so angered while watching David Frost interview former President Nixon, and particularly Nixon’s attempts to pin the blame for Watergate on Haldeman and fellow aide John Ehrlichman (see April 15, 1977), that he decided to write the book to tell his version of events. Some of his assertions:
Nixon, Colson Behind 'Plumbers;' Watergate Burglary 'Deliberately Sabotaged' - He writes that he believes then-President Nixon ordered the operation that resulted in the burglaries and surveillance of the Democratic National Committee (DNC) headquarters because he and Charles Colson, the aide who supervised the so-called “Plumbers” (see Late June-July 1971), were both “infuriated with [DNC chairman Lawrence] O’Brien’s success in using the ITT case against them” (see February 22, 1972). Colson, whom Haldeman paints as Nixon’s “hit man” who was the guiding spirit behind the “Plumbers,” then recruited another White House aide, E. Howard Hunt, who brought in yet another aide, G. Gordon Liddy. Haldeman goes into a more interesting level of speculation: “I believe the Democratic high command knew the break-in was going to take place, and let it happen. They may even have planted the plainclothesman who arrested the burglars. I believe that the CIA monitored the Watergate burglars throughout. And that the overwhelming evidence leads to the conclusion that the break-in was deliberately sabotaged.” O’Brien calls Haldeman’s version of events “a crock.” As for Haldeman’s insinuations that the CIA might have been involved with the burglaries, former CIA director Richard Helms says, “The agency had nothing to do with the Watergate break-in.” Time magazine’s review of the book says that Haldeman is more believable when he moves from unverifiable speculation into provable fact. One such example is his delineation of the conspiracy to cover up the burglaries and the related actions and incidents. Haldeman writes that the cover-up was not a “conspiracy” in the legal sense, but was “organic,” growing “one step at a time” to limit political damage to the president.
Story of Kennedy Ordering Vietnamese Assassination Actually True - He suggests that the evidence Hunt falsified that tried to blame former president John F. Kennedy of having then-South Vietnamese President Ngo Dinh Diem assassination (see Mid-September 1971) may have pointed to the actual truth of that incident, hinting that Kennedy may have ordered the assassination after all.
US Headed Off Two Potentially Catastrophic Nuclear Incidents with USSR, China - He also writes of a previously unsuspected incident where Nixon and other US officials convinced the Soviets not to attack Chinese nuclear sites. And Haldeman tells of a September 1970 incident where the US managed to head off a second Cuban Missile Crisis. Both stories of US intervention with the Soviets are strongly denied by both of Nixon’s Secretaries of State, Henry Kissinger, and William Rogers.
Duality of Nixon's Nature - Haldeman says that while Nixon carried “greatness in him,” and showed strong “intelligence, analytical ability, judgment, shrewdness, courage, decisiveness and strength,” he was plagued by equally powerful flaws. Haldeman writes that Nixon had a “dirty, mean, base side” and “a terrible temper,” and describes him as “coldly calculating, devious, craftily manipulative… the weirdest man ever to live in the White House.” For himself, Haldeman claims to have always tried to give “active encouragement” to the “good” side of Nixon and treat the “bad” side with “benign neglect.” He often ignored Nixon’s “petty, vindictive” orders, such as giving mass lie detector tests to employees of the State Department as a means of finding security leaks. He writes that while he regrets not challenging Nixon more “frontally” to counter the president’s darker impulses, he notes that other Nixon aides who had done so quickly lost influence in the Oval Office. Colson, on the other hand, rose to a high level of influence by appealing to Nixon’s darker nature. Between the two, Haldeman writes, the criminal conspiracy of Watergate was created. (Colson disputes Haldeman’s depiction of his character as well as the events of the conspiracy.) Haldeman himself never intended to do anything illegal, denies any knowledge of the “Gemstone” conspiracy proposal (see January 29, 1972), and denies ordering his aide Gordon Strachan to destroy evidence (see June 18-19, 1972).
Reconstructing the 18 1/2 Minute Gap - Haldeman also reconstructs the conversation between himself and Nixon that was erased from the White House tapes (see June 23, 1972 and July 13-16, 1973). Time notes that Haldeman reconstructs the conversation seemingly to legally camouflage his own actions and knowledge, “possibly to preclude further legal charges against him…” According to Haldeman’s reconstruction, Nixon said, “I know one thing. I can’t stand an FBI interrogation of Colson… Colson can talk about the president, if he cracks. You know I was on Colson’s tail for months to nail Larry O’Brien on the [Howard] Hughes deal (see April 30 - May 1, 1973; O’Brien had worked for Hughes, and Nixon was sure O’Brien had been involved in illegalities). Colson told me he was going to get the information I wanted one way or the other. And that was O’Brien’s office they were bugging, wasn’t it? And who’s behind it? Colson’s boy Hunt. Christ. Colson called [deputy campaign chief Jeb Magruder] and got the whole operation started. Right from the g_ddamn White House… I just hope the FBI doesn’t check the office log and put it together with that Hunt and Liddy meeting in Colson’s office.” Time writes, “If the quotes are accurate, Nixon is not only divulging his own culpability in initiating the bugging but is also expressing a clear intent to keep the FBI from learning about it. Thus the seeds of an obstruction of justice have been planted even before the celebrated June 23 ‘smoking gun’ conversation, which ultimately triggered Nixon’s resignation from office.” Haldeman says he isn’t sure who erased the tape, but he believes it was Nixon himself. Nixon intended to erase all the damning evidence from the recordings, but since he was, Haldeman writes, “the least dexterous man I have ever known,” he quickly realized that “it would take him ten years” to erase everything.
'Smoking Gun' Allegations - Haldeman also makes what Time calls “spectacular… but unverified” allegations concerning the June 23, 1972 “smoking gun” conversations (see June 23, 1972). The focus of that day’s discussion was how the White House could persuade the CIA to head off the FBI’s investigation of the Watergate burglary. The tape proved that Nixon had indeed attempted to block the criminal investigation into Watergate, and feared that the money found on the burglars would be traced back to his own re-election campaign committee. Haldeman writes that he was confused when Nixon told him to tell the CIA, “Look, the problem is that this will open up the whole Bay of Pigs thing again.” When Haldeman asked Helms to intercede with the FBI, and passed along Nixon’s warning that “the Bay of Pigs may be blown,” Helms’s reaction, Haldeman writes, was electric. “Turmoil in the room, Helms gripping the arms of his chair, leaning forward and shouting, ‘The Bay of Pigs had nothing to do with this. I have no concern about the Bay of Pigs.’” Haldeman writes, “I was absolutely shocked by Helms‘[s] violent reaction. Again I wondered, what was such dynamite in the Bay of Pigs story?” Haldeman comes to believe that the term “Bay of Pigs” was a reference to the CIA’s secret attempts to assassinate Cuban dictator Fidel Castro. The CIA had withheld this info from the Warren Commission, the body that investigated the assassination of President Kennedy, and Haldeman implies that Nixon was using the “Bay of Pigs thing” as some sort of blackmail threat over the CIA. Haldeman also hints, very vaguely, that Nixon, when he was vice president under Dwight D. Eisenhower, was a chief instigator of the actual Bay of Pigs invasion. (Time notes that while Vice President Nixon probably knew about the plans, “he certainly had not been their author.”)
Other Tidbits - Haldeman writes that Nixon’s taping system was created to ensure that anyone who misrepresented what Nixon and others said in the Oval Office could be proven wrong, and that Nixon had Kissinger particularly in mind. Nixon kept the tapes because at first he didn’t believe he could be forced to give them up, and later thought he could use them to discredit former White House counsel John Dean. He says Nixon was wrong in asserting that he ordered Haldeman to get rid of the tapes. Haldeman believes the notorious “deep background” source for Washington Post reporters Carl Bernstein and Bob Woodward was actually Fred Fielding, Dean’s White House deputy. Interestingly, Haldeman apparently discovered the real identity of “Deep Throat” in 1972 to be senior FBI official W. Mark Felt (see October 19, 1972). It is unclear why Haldeman now writes that Fielding, not Felt, was the Post source.
Not a Reliable Source - Time notes that Haldeman’s book is far from being a reliable source of information, characterizing it as “badly flawed, frustratingly vague and curiously defensive,” and notes that “[m]any key sections were promptly denied; others are clearly erroneous.” Time concludes, “Despite the claim that his aim was finally to ‘tell the truth’ about the scandal, his book is too self-protective for that.” And it is clear that Haldeman, though he writes how the cover-up was “morally and legally the wrong thing to do—so it should have failed,” has little problem being part of such a criminal conspiracy. The biggest problem with Watergate was not that it was illegal, he writes, but that it was handled badly. He writes, “There is absolutely no doubt in my mind today that if I were back at the starting point, faced with the decision of whether to join up, even knowing what the ultimate outcome would be, I would unhesitatingly do it.” [Time, 2/27/1978; Spartacus Schoolnet, 8/2007]

Entity Tags: Fred F. Fielding, William P. Rogers, E. Howard Hunt, Democratic National Committee, David Frost, Charles Colson, W. Mark Felt, Bob Woodward, Carl Bernstein, US Department of State, Lawrence O’Brien, Richard Helms, John Dean, Jeb S. Magruder, Howard Hughes, Henry A. Kissinger, Gordon Strachan, Dwight Eisenhower, Richard M. Nixon, H.R. Haldeman, John F. Kennedy

Timeline Tags: Nixon and Watergate

The Supreme Court, in the case of First National Bank of Boston v. Bellotti, rules 5-4 that corporations have the First Amendment right to make contributions in order to influence political processes. Writing for the majority, Justice Lewis Powell finds that under the recent Buckley ruling (see January 30, 1976), corporate political donations are protected speech. Powell’s opinion finds that a Massachusetts criminal statute prohibiting corporations from spending money for the purpose of “influencing or affecting” voters’ opinions is not legitimate. The split among the justices is unusual, with Powell, a conservative, being joined by two more conservatives, Chief Justice Warren Burger and Potter Stewart, and liberals Harry Blackmun and John Paul Stevens. The four dissenters are liberals William Brennan and Thurgood Marshall, and conservatives Byron White and William Rehnquist. [FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012; Moneyocracy, 2/2012] Rehnquist’s standalone dissent advocates for far stricter controls on corporate spending in elections than most of the other justices’ dissents, with Rehnquist writing that such spending could “pose special dangers in the political sphere.” [Reclaim Democracy, 4/26/1978; FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012]

Entity Tags: Lewis Powell, Byron White, John Paul Stevens, William Rehnquist, Warren Burger, Harry Blackmun, William Brennan, US Supreme Court, Potter Stewart, Thurgood Marshall

Timeline Tags: Civil Liberties

A young Fauzi Hasbi.A young Fauzi Hasbi. [Source: SBS Dateline]Fauzi Hasbi, the son of a separatist leader in the Indonesian province of Aceh, is captured by an Indonesian military special forces unit in 1979 and soon becomes a mole for the Indonesian government. Hasbi becomes a leader in the separatist Free Aceh Movement (GAM), and he also plays a long-time role in Jemaah Islamiyah, an al-Qaeda affiliate. For many years, he literally lives next door to Jemaah Islamiyah leaders Abu Bakar Bashir and Hambali (see April 1991-Late 2000). In 2005, the Australian television program SBS Dateline will present documents that it claims “prove beyond doubt that Fauzi Hasbi had a long association with the [Indonesian] military.” For instance, military documents dating from 1990 and 1995 give him specific spying tasks. [SBS Dateline, 10/12/2005] In February 2001, the Indonesian magazine Tempo documents some of Hasbi’s links to the Indonesian military, after he has been linked to a major role the Christmas bombings in Indonesia two months earlier (see December 24-30, 2000 and February 20, 2001). He admits to having some ties to certain high-ranking military figures and says he has had a falling out with GAM, but denies being a traitor to any militant group. [Tempo, 2/20/2001; Tempo, 2/27/2001] Yet even after this partial exposure, he continues to pose as an Islamist militant for the military. A 2002 document shows that he is even assigned the job of special agent for BIN, Indonesia’s intelligence agency. [SBS Dateline, 10/12/2005] A December 2002 report by a US think tank, the International Crisis Group, details his role as a government mole. He and two of his associates are abducted and killed in mysterious circumstances in the Indonesian city of Ambon on February 22, 2003. Seven suspects, including an Indonesian policeman, later admit to the killings but their motive for doing so remains murky. [Agence France-Presse, 5/22/2003]

Entity Tags: Tentara Nasional Indonesia, Jemaah Islamiyah, Free Aceh Movement, Badan Intelijen Negara, Fauzi Hasbi

Timeline Tags: Complete 911 Timeline

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

About 500 Iranian students take over the American Embassy in Tehran and hold 52 Americans hostage for 444 days. The Mujahedeen-e Khalq (MEK) is one of the groups that supports the take-over. [US Department of State, 4/30/2003; PBS, 1/15/2006]

Entity Tags: People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran, Iran-Contra Affair

Shortly after the seizure of the US embassy in Tehran (see November 4, 1979-January 20, 1981), President Jimmy Carter issues Executive Order 12170 freezing Iranian government assets held in the United States under the authority of the International Emergency Economic Powers Act (IEEPA). [US President, 11/14/1979] Iran has an estimated $12 billion in bank deposits, gold, and other properties, including $5.6 billion in deposits and securities held by overseas branches of US banks. [US Department of the Treasury. Office of Foreign Assets Control, 11/1979]

Entity Tags: James Earl “Jimmy” Carter, Jr.

Timeline Tags: US confrontation with Iran

Bruce Ivins teaching a child how to juggle in 1983.Bruce Ivins teaching a child how to juggle in 1983. [Source: Sam Yu / Frederick News-Post]Future anthrax attacks suspect Bruce Ivins begins working at USAMRIID, the US Army’s top bioweapons laboratory. He will continue working there until a few weeks before his suicide in July 2008 (see July 29, 2008). He has master’s and doctoral degrees in microbiology. His work at USAMRIID will generally focus on developing anthrax vaccines. He frequent conducts experiments on animals to test vaccines for various types of anthrax exposure. His experiments use only wet anthrax, not the dry powdered anthrax that will be used in the 2001 anthrax attacks. Ivins has a stable decades-long marriage, several children, and is popular with colleagues and friends. One coworker will later say: “a lot of people cared about him.… He is not Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). He’s not the Unabomber” (see April 3, 1996). [Los Angeles Times, 8/1/2008; Washington Post, 8/2/2008]

Entity Tags: Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

The federal government passes even more amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976). The new amendments simplify campaign finance reporting requirements, encourage political party activity at the state and local levels, and increase the public funding grants for presidential nominating conventions. The new amendments prohibit the Federal Election Commission (FEC) from conducting random campaign audits. They also allow state and local parties to spend unlimited amounts on federal campaign efforts, including the production and distribution of campaign materials such as signs and bumper stickers used in “get out the vote” (GOTV) efforts. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] The amendment creates what later becomes known as “soft money,” or donations and contributions that are essentially unregulated as long as they ostensibly go for “party building” expenses. The amendments allow corporations, labor unions, and wealthy individuals to contribute vast sums to political parties and influence elections. By 1988, both the Republican and Democratic Parties will spend inordinate and controversial amounts of “soft money” in election efforts. [National Public Radio, 2012] While the amendments were envisioned as strengthening campaign finance law, many feel that in hindsight, the amendments actually weaken FECA and campaign finance regulation. Specifically, the amendments reverse much of the 1974 amendments, and allow money once prohibited from being spent on campaigns to flow again. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

Nabih Berri in 1982.Nabih Berri in 1982. [Source: Reza / Corbis]Nabih Berri takes over the Amal Militia, a Shi’a Lebanese paramilitary organization, and tries to build it up as a power base for himself. Although not a fundamentalist Muslim, Berri allies himself with the new regime in Iran and Hezbollah, a fundamentalist Lebanese Shi’a party backed by Iran. Berri also manages to convince Syrian authorities that he will represent their interests in Lebanon and comes to a similar arrangement with the Ba’ath party in Iraq. This is a difficult balance for Berri to keep, as journalists Joe and Susan Trento will later point out, “If he displeased the Iranian mullahs who controlled the supply of money to Hezbollah in Lebanon, he would lose his grip on power.” Former intelligence officer Michael Pilgrim will comment, “Berri was targeted for CIA recruitment and so were members of his militia… I think it’s safe to say we financed his early trips to Iran.” He also commences relationships with the Drug Enforcement Agency and Defense Intelligence Agency. Unsurprisingly, some of the consequences of this are bad for the US, and the Trentos will comment: “The relationship would end in a series of deadly disasters for members of our armed services and the CIA. According to US intelligence officials who served in Lebanon at the time, Berri kept the peace with [Iran] and the Shi’a by allowing them to attack Westerners in his Amal-controlled territory. To prove his loyalty to the Shi’a and keep the alliance that was essential to his power base, he failed to pass on intelligence to the United States.” Based on interviews with former intelligence officers and associates of Berri, the Trentos will conclude that he facilitated attacks on the US by Hezbollah by allowing their operatives to pass Amal checkpoints without warning the US, for example before attacks on the US embassy and Marine barracks in 1983 in which hundreds die (see April 18-October 23, 1983). [Trento and Trento, 2006, pp. 74-77]

Entity Tags: Nabih Berri, Michael Pilgrim, Drug Enforcement Administration, Hezbollah, Amal, Defense Intelligence Agency, Central Intelligence Agency

Timeline Tags: US confrontation with Iran, Complete 911 Timeline

The anti-abortion National Right to Life Committee (NRLC) issues a series of “voter guides” just before Election Day. The pamphlets are later credited as helping persuade voters to cast their ballots for presidential candidate Ronald Reagan (R-CA) and a number of Republican Senate candidates. In 2012, reporter Jeffrey Toobin will characterize them as “barely concealed works of advocacy,” a form of “electioneering” that federal law bans groups such as NRLC from issuing this close to an election. The Federal Election Commission (FEC) later tries to challenge the pamphlet distribution, and the NRLC wins a First Amendment challenge in court under the legal leadership of general counsel James Bopp Jr. As a result of the court case, Bopp becomes interested in challenging campaign finance restrictions (see January 10-16, 2008) as well as abortion rights. [New Yorker, 5/21/2012]

Entity Tags: Federal Election Commission, James Bopp, Jr, National Right to Life Committee, Ronald Reagan, Jeffrey Toobin

Timeline Tags: US Health Care, Civil Liberties, Elections Before 2000

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